Common use of Form Satisfactory, Etc Clause in Contracts

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, and issued by reputable insurance companies authorized to do business in the State and having a general policy holder’s rating of no less than A in Best’s latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord and any Property Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 9 contracts

Samples: Lease Agreement (TravelCenters of America Inc. /MD/), Lease Agreement (TravelCenters of America Inc. /MD/), Lease Agreement (TravelCenters of America Inc. /MD/)

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Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, and issued by reputable insurance companies authorized to do business in the State and having a general policy holder’s rating of no less than A in Best’s latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000250,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and prior to the effective date of any policy, if required by such policy, or pursuant to an installment payment plan if permissible under such policy. Not more than twenty five (25) days nor less than five (5) days prior to the effective date of the policies or renewal policies (which, for renewal policies, shall be prior to the expiration of the existing policy), Tenant shall deliver to Landlord copies of enforceable binders for such insurance coverage. Tenant shall deliver (or cause to be delivered) to Landlord certificates evidencing such insurance coverage within five (5) days after the effective date of such policies, and thereafter Tenant shall deliver to Landlord the policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy)policies promptly upon receipt by Tenant. All such policies shall provide Landlord (and any Property Facility Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, but not the obligation, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 9 contracts

Samples: Master Lease Agreement (Five Star Quality Care Inc), Master Lease Agreement (Five Star Quality Care Inc), Master Lease Agreement (Senior Housing Properties Trust)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, and issued by reputable insurance companies authorized to do business in the State and having a general policy holder’s rating of no less than A in Best’s latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000250,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Facility Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 8 contracts

Samples: Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Five Star Quality Care Inc), Amended and Restated Lease Agreement (Senior Housing Properties Trust)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, and issued by reputable insurance companies authorized to do business in the State and having a general policy holder’s rating of no less than A in Best’s latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000250,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and prior to the effective date of any policy, if required by such policy, or pursuant to an installment payment plan if permissible under such policy. Not more than twenty five (25) days nor less than five (5) days prior to the effective date of the policies or renewal policies (which, for renewal policies, shall be prior to the expiration of the existing policy), Tenant shall deliver to Landlord copies of enforceable binders for such insurance coverage. Tenant shall deliver (or cause to be delivered) to Landlord certificates evidencing such insurance coverage within five (5) days after the effective date of such policies, and thereafter Tenant shall deliver to Landlord the policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy)policies promptly upon receipt by Tenant. All such policies shall provide Landlord (and any Property Facility Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, but not the obligation, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 6 contracts

Samples: Lease Agreement (Five Star Quality Care Inc), Lease Agreement (Five Star Quality Care Inc), Lease Agreement (Five Star Quality Care Inc)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, nonassessable and be issued by reputable insurance companies carriers authorized to do business in the State and State, having a general policy holder’s 's rating of no less than A in Best’s 's latest rating guide. All property, business interruption, liability and flood insurance such policies with respect to each Property described in Sections 9.1(a) through (d) shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000). At all times, all property, business interruption, liability 250,000) (with the exception of insurance described in Section 9.1(a) providing coverage for windstorm which may have a deductible not exceeding five percent (5%) of the policy amount for such insurance or such lesser amount as may be usual and flood customary in the insurance policiesindustry for like properties) and, with the exception of worker’s compensation the insurance coveragedescribed in Sections 9.1(e), shall name Landlord and any Property Hotel Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability Sections 9.1(c) and worker’s compensation insurance policies (e) shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Hotel Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 6 contracts

Samples: Lease Agreement (Candlewood Hotel Co Inc), Lease Agreement (Hospitality Properties Trust), Lease Agreement (Candlewood Hotel Co Inc)

Form Satisfactory, Etc. All Subject to the second paragraph of Section 9.2, all insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessablenonassessable and, except for umbrella and flood coverage, shall contain such provisions and expiration dates and be in such form and amounts and issued by reputable insurance companies carriers authorized to do business in the State and State, having a general policy holder’s 's rating of no less than A A/VI in Best’s 's latest rating guideguide (or such other higher rating or such other customarily used rating agency as may be required by the Facility Mortgagee, provided that any additional expense associated with such higher ratings shall be borne by Landlord), and otherwise satisfactory to Landlord and Tenant. All propertyWithout limiting the foregoing, business interruption, liability and flood insurance such policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000)only deductibles reasonably approved by Landlord. At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord and The party responsible for obtaining any Property Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and policy shall deliver (or cause to be delivered) policies or certificates thereof to Landlord the other party prior to their effective date (and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In , and, in the event Tenant either party shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord the other party or any Property the Facility Mortgagee at the times required, Landlord the other party shall have the right, upon Notice to Tenant, but not the obligation, after ten (10) days' written notice to the responsible party, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Chargesreimbursed by the responsible party, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid. All such policies shall provide the non-responsible party (and the Facility Mortgagee and Manager, if required by the same) thirty (30) days' prior written notice of any material modification, expiration or cancellation of such policy.

Appears in 5 contracts

Samples: Lease Agreement (Host Marriott Corp/), Lease Agreement (Host Marriott L P), Lease Agreement (HMC Merger Corp)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, and issued by reputable insurance companies authorized to do business in the State and having a general policy holder’s rating of no less than A in Best’s latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000250,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Facility Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, but not the obligation, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 5 contracts

Samples: Master Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Five Star Quality Care Inc), Master Lease Agreement (Senior Housing Properties Trust)

Form Satisfactory, Etc. All of the policies of insurance policies and endorsements required pursuant ----------------------- referred to in this Article 9 Section shall be fully paid for, nonassessable, written in form satisfactory to Lessor and issued any Superior Lessor and Facility Mortgagee and by reputable insurance companies authorized satisfactory to do business in the State and having a general policy holder’s rating of no less than A in Best’s latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord Lessor and any Property Mortgagee Superior Lessor and Facility Mortgagee. Lessor agrees that it will not unreasonably withhold, delay or condition its approval as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled theretoform of the policies of insurance or as to the insurance companies selected by Tenant. Tenant shall cause pay all insurance of the premiums to be paid therefor not later than the earlier of the date which is thirty (30) days after Tenant's receipt of an invoice therefor or the due date of the applicable premium, and shall deliver (or cause to be delivered) such policies or certificates thereof to Landlord Lessor prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (, and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In in the event of the failure of Tenant shall fail either to effect (or cause to be effected) such insurance as in the names herein required, called for or to pay (or cause to be paid) the premiums therefor therefor, or to deliver (or cause to be delivered) such policies or certificates thereof to Landlord or any Property Lessor and each Superior Lessor and Facility Mortgagee at the times required, Landlord Lessor shall be entitled, but shall have the right, upon Notice to Tenant, but not the no obligation, to acquire effect such insurance and pay the premiums therefor, which amounts premiums shall be payable repayable to LandlordLessor upon written demand therefor, upon demandand failure to repay the same shall constitute an Event of Default within the meaning of Section 16.1(c). Each insurer mentioned in this Section --------------- shall agree, as Additional Chargesby endorsement on the policy or policies issued by it, together with interest accrued thereon at or by independent instrument furnished to Lessor and any Superior Lessor and Facility Mortgagee, that it will give to Lessor thirty (30) days' written notice before the Overdue Rate from the date such payment is made until (but excluding) the date repaidpolicy or policies in question shall be materially altered, allowed to expire or canceled.

Appears in 4 contracts

Samples: Master Lease Agreement (Kindred Healthcare Inc), Master Lease Agreement (Kindred Healthcare Inc), Master Lease Agreement (Kindred Healthcare Inc)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article ARTICLE 9 shall be fully paid for, nonassessable, and issued by reputable insurance companies authorized to do business in the State and having a general policy holder’s 's rating of no less than A in Best’s 's latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000250,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s 's compensation insurance coverage, shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article ARTICLE 10, except that losses under liability and worker’s 's compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Facility Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 3 contracts

Samples: Lease Agreement (Five Star Quality Care Inc), Lease Agreement (Five Star Quality Care Inc), Lease Agreement (Five Star Quality Care Inc)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article ARTICLE 9 shall be fully paid for, nonassessable, and issued by reputable insurance companies authorized to do business in the State and having a general policy holder’s rating of no less than A in Best’s latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord and any Property Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article ARTICLE 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 2 contracts

Samples: Lease Agreement (Travelcenters of America LLC), Lease Agreement (Hospitality Properties Trust)

Form Satisfactory, Etc. All policies of insurance policies and endorsements required pursuant to under this Article 9 shall be fully paid for, nonassessable, written in a form reasonably satisfactory to Landlord and issued written by reputable insurance companies authorized to do business in the State and having a general policy holder’s rating of no less than A in Best’s latest rating guideState, which insurance companies shall be reasonably satisfactory to Landlord. All property, business interruption, liability and flood policies of insurance policies with respect to each Property required under this Article 9 shall include no deductible in excess of Five Hundred Thousand Dollars $250,000 and ($500,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s compensation the insurance coverage, described in paragraph (e) of Section 9.1) shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments Losses shall be payable to Landlord or Tenant as provided in Article 10. Any loss adjustment shall require the written consent of Landlord, except that losses under liability Tenant and worker’s compensation each Facility Mortgagee. Evidence of insurance policies shall be payable directly to the party entitled theretodeposited with Landlord and, if requested, any Facility Mortgagee. Tenant shall cause pay all insurance premiums to be paid premiums, and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, five (5) days prior to the expiration of the existing policy). All such policies shall provide Landlord (, and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In in the event Tenant shall fail either to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or or, to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Mortgagee at the times required, . Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire effect such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional ChargesRent, together with interest accrued thereon at the Overdue Base Rate from the date such payment is made until (but excluding) the date repaid. All such policies shall provide Landlord (and any Facility Mortgagee, if required by the same) thirty (30) days prior written notice of any cancellation or non-renewal of such policy (except in the event of any cancellation or non-renewal for non-payment of premium, in which case such policy shall provide for ten (10) days prior written notice thereof).

Appears in 2 contracts

Samples: Lease Agreement (Senior Housing Properties Trust), Lease Agreement (Senior Housing Properties Trust)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, nonassessable and shall contain such provisions and expiration dates and be in such form and amounts and issued by reputable insurance companies carriers authorized to do business in the State and State, having a general policy holder’s 's rating of no less than A or A+ in Best’s 's latest rating guide, and as otherwise shall be approved by Landlord. All propertyWithout limiting the foregoing, business interruption, liability and flood insurance such policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars $25,000 ($500,000). At all times, all property, business interruption, liability unless consistent with deductibles included in policies carried by entities engaged in similar businesses and flood insurance policiesowning similar properties similarly situated and agreed to in advance by Landlord) and, with the exception of worker’s compensation the insurance coveragedescribed in Section 9.1(e), shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments losses shall be payable to Landlord, any Facility Mortgagee or Tenant as provided in Article 10. Any loss adjustment shall require the prior written consent of Landlord, except that losses under liability Tenant, and worker’s compensation insurance policies each Facility Mortgagee, which consent shall not be payable directly to the party entitled theretounreasonably withheld, delayed or conditioned by Landlord. Tenant shall cause pay all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In and, in the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, upon the giving of written Notice thereof to Tenant, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid. All such policies shall provide Landlord (and any Facility Mortgagee, if required by the same) thirty (30) days' prior written notice of any modification, expiration or cancellation of such policy.

Appears in 2 contracts

Samples: Master Lease Agreement (Senior Housing Properties Trust), Master Lease Agreement (Brookdale Living Communities Inc)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, nonassessable and shall contain such provisions and expiration dates and be in such form and amounts and issued by reputable insurance companies carriers authorized to do business in the State and State, having a general policy holder’s 's rating of no less than A at least A-in Best’s 's latest rating guideguide (or such other comparable rating or such other customarily used rating agency as may be required by any Facility Mortgagee), and otherwise as shall be approved by Landlord. All propertyWithout limiting the foregoing, business interruption, liability and flood insurance such policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability only deductibles reasonably approved by Landlord and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments losses shall be payable to Landlord or Tenant as provided in Article 10, except that losses under liability . Any loss adjustment shall require the prior written consent of Landlord and worker’s compensation insurance policies shall be payable directly to the party entitled theretoTenant. Tenant shall cause pay all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In , and, in the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid. All such policies shall provide Landlord (and any Facility Mortgagee, if required by the same) thirty (30) days' prior written notice of any material modification, expiration or cancellation of such policy. Tenant may satisfy its insurance obligations through the use of (i) a risk retention group or purchasing group or captive insurance company with a capital structure reasonably approved by Landlord or (ii) a self insurance program with retention limits reasonably approved by Landlord and an excess policy or policies provided by an insurer meeting the requirements of this Agreement.

Appears in 2 contracts

Samples: Master Lease Agreement (Crescent Real Estate Equities Co), Master Lease Agreement (Crescent Real Estate Equities Inc)

Form Satisfactory, Etc. All of the policies of insurance policies and endorsements required pursuant referred ---------------------- to this Article 9 in Section 13.1 shall be fully paid for, nonassessable, written in a form reasonably satisfactory to ------------ Landlord and issued by reputable insurance companies authorized to do business in the State and having a general policy holder’s rating of no rated not less than A in A-X by A.M. Best’s latest rating guide's Insurance Guide. All propertyIn addition, business interruption, liability and flood all insurance policies with respect to each Property carried by Tenant hereunder shall include no have deductible amounts which are not in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability and flood the self-insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord and any Property Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled theretolimits specified by Section 13.5. Tenant shall cause pay all premiums for the policies of insurance premiums referred to be paid in Section 13.1 and shall deliver (or cause to be delivered) policies or certificates thereof to ------------ Landlord prior to their effective date (and, and with respect to any renewal policy, at least 10 days prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail fails to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Mortgagee at the times requiredsatisfy its obligations under this Section 13.4, Landlord shall have the right, upon Notice to Tenant------------ be entitled, but not the shall have no obligation, to acquire effect such insurance and pay the premiums therefor, which amounts premiums shall be repayable to Landlord upon written demand as Additional Charges. Each insurer mentioned in Section 13.1 shall ------------ agree, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord 30 days' written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Each such policy shall also provide that any loss otherwise payable thereunder shall be payable to Landlordnotwithstanding (i) any act or omission of Landlord or Tenant which might, upon demandabsent such provision, as Additional Chargesresult in a forfeiture of all or a part of such insurance payment, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excludingii) the date repaidoccupation or use of the Leased Property for purposes more hazardous than those permitted by the provisions of such policy, (iii) any foreclosure or other action or proceeding taken by any Facility Mortgagee pursuant to any provision of a mortgage note, assignment or other document evidencing or securing a loan upon the happening of an event of default therein or (iv) any change in title to or ownership of the Leased Property.

Appears in 1 contract

Samples: Lease (National Golf Properties Inc)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, nonassessable and contain such provisions and expiration dates and be in such form and amounts and issued by reputable insurance companies carriers authorized to do business in the State and State, having a general policy holder’s 's rating of no less than A or A+ in Best’s 's latest rating guide, and as otherwise shall be approved by Landlord. All propertyWithout limiting the foregoing, business interruption, liability and flood insurance such policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars $5,000 ($500,000). At all times, all property, business interruption, liability unless consistent with deductibles included in policies carried by entities engaged in similar businesses and flood insurance policiesowning similar properties similarly situated and agreed to in advance by Landlord) and, with the exception of worker’s compensation the insurance coveragedescribed in Section 9.1(f), shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments losses shall be payable to Landlord, any Facility Mortgagee and Tenant as provided in Article 10. Any loss adjustment shall require the prior written consent of Landlord, except that losses under liability Tenant, and worker’s compensation insurance policies shall be payable directly to the party entitled theretoeach Facility Mortgagee. Tenant shall cause pay all insurance premiums to be paid premiums, and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy). All such policies shall provide Landlord (, and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In in the event Tenant shall fail either to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor therefor, or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid. All such policies shall provide Landlord (and any Facility Mortgagee, if required by the same) thirty (30) days' prior written notice of any modification, expiration or cancellation of such policy.

Appears in 1 contract

Samples: Senior Housing Properties Trust

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, and be issued by reputable insurance companies carriers authorized to do business in the State State, and shall be issued by reputable insurance companies, and otherwise be issued by insurance carriers, having a general policy holder’s 's rating of no less than A "A-" in Best’s 's latest rating guide. All property, business interruption, interruption and liability and flood insurance policies with respect to each Property (excluding earthquake coverage) shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000250,000) per incident. Any liability policy carried hereunder may be a "claims made" policy, rather than an occurrence policy, and Tenant may choose to implement an insurance program which is a fully funded rent-a-captive program (such funding to be in an amount not less than $2,000,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s 's compensation insurance coverage, shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s 's compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord on or prior to their effective date (and, with respect to any renewal policy, on or prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Facility Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 1 contract

Samples: Lease Agreement (Brookdale Senior Living Inc.)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, nonassessable and shall contain such provisions and expiration dates and be in such form and amounts and issued by reputable insurance companies carriers authorized to do business in the State and State, having a general policy holder’s 's rating of no less than A f at least A-in Best’s 's latest rating guideguide (or such other comparable rating or such other customarily used rating agency as may be required by any Facility Mortgagee), and otherwise as shall be approved by Landlord. All propertyWithout limiting the foregoing, business interruption, liability and flood insurance such policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability only deductibles reasonably approved by Landlord and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments losses shall be payable to Landlord or Tenant as provided in Article 10, except that losses under liability . Any loss adjustment shall require the prior written consent of Landlord and worker’s compensation insurance policies shall be payable directly to the party entitled theretoTenant. Tenant shall cause pay all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In , and, in the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid. All such policies shall provide Landlord (and any Facility Mortgagee, if required by the same) thirty (30) days' prior written notice of any material modification, expiration or cancellation of such policy. Tenant may satisfy its insurance obligations through the use of (i) a risk retention group or purchasing group or captive insurance company with a capital structure reasonably approved by Landlord or (ii) a self insurance program with retention limits reasonably approved by Landlord and an excess policy or policies provided by an insurer meeting the requirements of this Agreement.

Appears in 1 contract

Samples: Master Lease Agreement (Magellan Health Services Inc)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article ARTICLE 9 shall be fully paid for, nonassessable, nonassessable and be issued by reputable insurance companies carriers authorized to do business in the State and State, having a general policy holder’s 's rating of no less than A B++ in Best’s 's latest rating guide. All property, business interruption, liability and flood insurance such policies with respect to each Property described in SECTIONS 9.1(A) THROUGH (D) shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000). At all times, all property, business interruption, liability 250,000) (with the exception of insurance described in SECTION 9.1(A) providing coverage for windstorm which may have a deductible not exceeding five percent (5%) of the policy amount for such insurance or such lesser amount as may be usual and flood customary in the insurance policiesindustry for like properties) and, with the exception of worker’s compensation the insurance coveragedescribed in SECTIONS 9.1(E), shall name Landlord and any Property Hotel Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article ARTICLE 10, except that losses under liability and worker’s compensation insurance policies SECTIONS 9.1(C) AND (E) shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Hotel Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 1 contract

Samples: Lease Agreement (Sholodge Inc)

Form Satisfactory, Etc. All of the policies of insurance policies and endorsements required pursuant referred to in this Article 9 Section shall be fully paid for, nonassessable, written in form satisfactory to Lessor and issued any Superior Lessor and Facility Mortgagee and by reputable insurance companies authorized satisfactory to do business in the State and having a general policy holder’s rating of no less than A in Best’s latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord Lessor and any Property Mortgagee Superior Lessor and Facility Mortgagee. Lessor agrees that it will not unreasonably withhold, delay or condition its approval as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled theretoform of the policies of insurance or as to the insurance companies selected by Tenant. Tenant shall cause pay all insurance of the premiums to be paid therefor not later than the earlier of the date which is thirty (30) days after Tenant's receipt of an invoice therefor or the due date of the applicable premium, and shall deliver (or cause to be delivered) such policies or certificates thereof to Landlord Lessor prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (, and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In in the event of the failure of Tenant shall fail either to effect (or cause to be effected) such insurance as in the names herein required, called for or to pay (or cause to be paid) the premiums therefor therefor, or to deliver (or cause to be delivered) such policies or certificates thereof to Landlord or any Property Lessor and each Superior Lessor and Facility Mortgagee at the times required, Landlord Lessor shall be entitled, but shall have the right, upon Notice to Tenant, but not the no obligation, to acquire effect such insurance and pay the premiums therefor, which amounts premiums shall be payable repayable to LandlordLessor upon written demand therefor, upon demandand failure to repay the same shall constitute an Event of Default within the meaning of Section 16.1(c). Each insurer mentioned in this Section shall agree, as Additional Chargesby endorsement on the policy or policies issued by it, together with interest accrued thereon at or by independent instrument furnished to Lessor and any Superior Lessor and Facility Mortgagee, that it will give to Lessor thirty (30) days' written notice before the Overdue Rate from the date such payment is made until (but excluding) the date repaidpolicy or policies in question shall be materially altered, allowed to expire or canceled.

Appears in 1 contract

Samples: Master Lease Agreement (Ventas Inc)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, and be issued by reputable insurance companies carriers authorized to do business in the State State, and shall be issued by reputable insurance companies, and, otherwise, be issued by insurance carriers having a general policy holder’s 's rating of no less than A in Best’s 's latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000250,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s 's compensation insurance coverage, shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s 's compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Facility Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 1 contract

Samples: Lease Agreement (Five Star Quality Care Inc)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article ARTICLE 9 shall be fully paid for, nonassessablenonassessable and, except for umbrella and flood coverage, be issued by reputable insurance companies carriers authorized to do business in the State and State, having a general policy holder’s rating of no less than A A-:XI in Best’s 's latest rating guideguide and otherwise satisfactory under any Hotel Mortgage or Ground Lease. All propertyNo policy described in SECTIONS 9.1(i)(a), business interruption, liability (ii)(a)-(c) and flood insurance policies with respect to each Property (iii) shall include no a deductible in excess of Twenty Five Hundred Thousand Dollars ($500,000). At all times25,000) (provided, all propertyhowever, business interruption, liability that insurance for earthquake and flood insurance policieshurricane damage may include such reasonable deductibles as are consistent with normal industry practice and which are otherwise acceptable to Landlord) and, with the exception of worker’s compensation the insurance coveragedescribed in SECTION 9.1(i)(b), shall name Landlord and any Property Hotel Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article ARTICLE 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall make available such policies and deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Hotel Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, subject to the provisions of SECTION 12.5, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 1 contract

Samples: Lease Agreement (Lasalle Hotel Properties)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, and be issued by reputable insurance companies carriers authorized to do business in the State State, and shall be issued by reputable insurance companies, and otherwise be issued by insurance carriers, having a general policy holder’s 's rating of no less than A “A-” in Best’s 's latest rating guide. All property, business interruption, interruption and liability and flood insurance policies with respect to each Property (excluding earthquake coverage) shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000250,000) per incident. Any liability policy carried hereunder may be a “claims made” policy, rather than an occurrence policy, and Tenant may choose to implement an insurance program which is a fully funded rent-a-captive program (such funding to be in an amount not less than $2,000,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s 's compensation insurance coverage, shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s 's compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord on or prior to their effective date (and, with respect to any renewal policy, on or prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Facility Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.. -38- 9.4 No Separate Insurance; Self-Insurance. Tenant shall not take (or permit any Person to take) out separate insurance, concurrent in form or contributing in the event of loss with that required by this Article 9, or increase the amount of any existing insurance by securing an additional policy or additional policies, unless all parties having an insurable interest in the subject matter of such insurance, including Landlord and all Facility Mortgagees, are included therein as additional insureds and the loss is payable under such insurance in the same manner as losses are payable under this Agreement. In the event Tenant shall take out any such separate insurance or increase any of the amounts of the then existing insurance, Tenant shall give Landlord prompt Notice thereof. Except as expressly permitted in Section 9.3, Tenant shall not self-insure (or permit any Person to self-insure). 9.5

Appears in 1 contract

Samples: Lease Agreement

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article ARTICLE 9 shall be fully paid for, nonassessable, and issued by reputable insurance companies authorized to do business in the State and having a general policy holder’s 's rating of no less than A in Best’s 's latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000250,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s 's compensation insurance coverage, shall name Landlord and any Property Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article ARTICLE 10, except that losses under liability and worker’s 's compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 1 contract

Samples: Lease Agreement (Travelcenters of America LLC)

Form Satisfactory, Etc. All of the policies of insurance referred to in this Section 6.22.2 shall be the standard forms issued by insurance companies meeting the specific requirements of this Agreement. If Borrowers obtain and maintain the professional malpractice insurance described in Section 6.22.2(a)(v) above on a “claims-made” basis, Borrowers shall provide continuous liability coverage for claims arising during the Term either by obtaining an endorsement providing for an extended reporting period reasonably acceptable to Lender in the event such policy is canceled or not renewed for any reason whatsoever, or by obtaining “tail” insurance coverage converting the policies to “occurrence” basis policies providing coverage for a period of at least three (3) years beyond the expiration of the Term. Borrowers shall pay when due all of the premiums for all insurance policies and endorsements that they are required pursuant to this Article 9 shall be fully paid formaintain, nonassessable, and issued by reputable insurance companies authorized to do business in the State and having a general policy holder’s rating of no less than A in Best’s latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord and any Property Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) such policies or certificates thereof to Landlord Lender prior to their effective date (and, with respect to any renewal policy, not less than twenty (20) days prior to the expiration of the existing policy, Borrowers shall furnish a new policy or binder to Lender). All such policies shall provide Landlord (, and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In in the event Tenant shall fail of the failure of Borrowers either to effect (or cause to be effected) such insurance as herein required, called for or to pay (or cause to be paid) the premiums therefor therefor, or to deliver (or cause to be delivered) such policies or certificates thereof to Landlord or any Property Mortgagee Lender at the times required, Landlord Lender shall be entitled, but shall have the right, upon Notice to Tenant, but not the no obligation, to acquire effect such insurance and pay the premiums therefor when due, which premiums shall be repayable to Lender immediately upon written demand therefor, which amounts and failure to repay the same shall constitute an Event of Default. All public liability and property damage insurance shall contain a provision that Lender, although named as an insured, shall nevertheless be entitled to recovery under said policies for any loss, damage, or injury to Lender, its servants, agents, and employees by reason of the negligence of Borrowers or Lender. Each insurer providing coverage required by this Agreement shall agree, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Lender, that it will give to Lender at least thirty (30) days’ written notice before the policy or policies in question shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaidmaterially altered or canceled.

Appears in 1 contract

Samples: Loan Agreement (Omega Healthcare Investors Inc)

Form Satisfactory, Etc. All insurance policies and endorsements --- ---------------------- required pursuant to this Article 9 shall be fully paid for, nonassessablenonassessable and, --------- except for umbrella and flood coverage, be issued by reputable insurance companies carriers authorized to do business in the State and State, having a general policy holder’s rating of no less than A A-:XI in Best’s 's latest rating guideguide and otherwise satisfactory under any Hotel Mortgage **[Sea View -- or Ground Lease]**. All propertyNo policy described in Sections 9.1(i)(a), business interruption, liability ------------------- (ii)(a)-(c) and flood insurance policies with respect to each Property (iii) shall include no a deductible in excess of Twenty Five Hundred --------------------- Thousand Dollars ($500,000). At all times25,000) (provided, all propertyhowever, business interruption, liability that insurance for earthquake and flood insurance policieshurricane damage may include such reasonable deductibles as are consistent with normal industry practice and which are otherwise acceptable to Landlord) and, with the exception of worker’s compensation the insurance coveragedescribed in Section 9.1(i)(b), shall name ----------------- Landlord and any Property Hotel Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled thereto. ---------- Tenant shall cause all insurance premiums to be paid and shall make available such policies and deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Hotel Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, subject to the provisions of Section 12.5, to acquire such insurance ------------ and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 1 contract

Samples: Lease Agreement (Lasalle Hotel Properties)

Form Satisfactory, Etc. All of the policies of insurance policies and endorsements required pursuant referred ---------------------- to this Article 9 in Section 13.1 shall be fully paid for, nonassessable, written in a form reasonably satisfactory to ------------ Landlord and issued by reputable insurance companies authorized to do business in the State and having a general policy holder’s rating of no rated not less than A in A-X by A.M. Best’s latest rating guide's Insurance Guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000). At all timesIn addition, all property, business interruption, liability and flood insurance policies, with the exception of worker’s compensation insurance coverage, carried by Tenant hereunder shall name Landlord and any Property Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly have deductible amounts which are reasonably acceptable to the party entitled theretoLandlord. Tenant shall cause pay all premiums for the policies or insurance premiums referred to be paid in Section 13.1 ----------- and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, and with respect to any renewal policy, at least 10 days prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail fails to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Mortgagee at the times requiredsatisfy its obligations under this Section 13.4, Landlord shall have the right, upon Notice to Tenantbe entitled, but not the shall have ------------ no obligation, to acquire effect such insurance and pay the premiums therefor, which amounts premiums shall be repayable to Landlord upon written demand as Additional Charges. Each insurer mentioned in Section 13.1 shall agree, by endorsement on ------------ the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord 30 days' written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Each such policy shall also provide that any loss otherwise payable thereunder shall be payable to Landlordnotwithstanding (i) any act or omission of Landlord or Tenant which might, upon demandabsent such provision, as Additional Chargesresult in a forfeiture of all or a part of such insurance payment, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excludingii) the date repaidoccupation or use of the Leased Property for purposes more hazardous than those permitted by the provisions of such policy, (iii) any foreclosure or other action or proceeding taken by any Facility Mortgagee pursuant to any provision of a mortgage, note, assignment or other document evidencing or securing a loan upon the happening of an event of default therein or (iv) any change in title to or ownership of the Leased Property.

Appears in 1 contract

Samples: Executive Original (National Golf Properties Inc)

Form Satisfactory, Etc. All of the policies of insurance policies and endorsements required pursuant referred to in this Article 9 Section shall be fully paid for, nonassessable, written in form satisfactory to Sublandlord and issued any Facility Mortgagee and by reputable insurance companies (i) authorized to do insurance business in the State of Florida, (ii) satisfactory to Sublandlord and having a general policy holder’s rating of no less than A in Best’s latest rating guide. All propertyany Facility Mortgagee, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability and flood insurance policies, iii) with the exception claims-paying ability ratings set forth in Paragraph J of worker’s compensation insurance coveragethis Schedule 1. Subtenant shall pay all of the premiums therefor not later than the earlier of the date which is ten (10) days after Subtenant's receipt of an invoice therefor or the due date of the applicable premium, shall name Landlord and any Property Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) such policies or certificates thereof to Landlord Sublandlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (, and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In in the event Tenant shall fail of the failure of Subtenant either to effect (or cause to be effected) such insurance as in the names herein required, called for or to pay (or cause to be paid) the premiums therefor therefor, or to deliver (or cause to be delivered) such policies or certificates thereof to Landlord or any Property Prime Landlord, Sublandlord and each Facility Mortgagee at the times required, Landlord Sublandlord shall be entitled, but shall have the right, upon Notice to Tenant, but not the no obligation, to acquire effect such insurance and pay the premiums therefor, which amounts premiums shall be payable repayable to LandlordSublandlord upon written demand therefor, upon demandand failure to repay the same shall constitute an Event of Default by Subtenant within the meaning of Section 16.1(c) of the Master Lease. Each insurer mentioned in this Section shall agree, as Additional Chargesby endorsement on the policy or policies issued by it, together with interest accrued thereon at or by independent instrument furnished to Sublandlord and any Facility Mortgagee, that it will give to Sublandlord thirty (30) days' written notice before the Overdue Rate from the date such payment is made until (but excluding) the date repaidpolicy or policies in question shall be materially altered, allowed to expire or canceled.

Appears in 1 contract

Samples: Lease Agreement (Kindred Healthcare Inc)

Form Satisfactory, Etc. All of the policies of insurance policies and endorsements required pursuant referred to in this Article 9 13 that are the responsibility of the Lessee shall be fully paid forwritten in a form, nonassessablewith deductibles and by insurance companies satisfactory to Lessor and shall satisfy the requirements of any ground lease, mortgage, security agreement or other financing lien on the Leased Property and of the Franchise Agreement. The Lessee shall pay all of the premiums therefor, and issued by reputable insurance companies authorized to do business in the State and having a general policy holder’s rating deliver copies of no less than A in Best’s latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord and any Property Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) such policies or certificates thereof to Landlord the Lessor prior to their effective date (and, with respect to any renewal policy, 30 days prior to the expiration of the existing policy). All such policies shall provide Landlord (, and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In in the event Tenant shall fail of the failure of the Lessee either to effect (or cause to be effected) such insurance as herein required, called for or to pay (or cause to be paid) the premiums therefor therefor, or to deliver (or cause to be delivered) such policies or certificates thereof to Landlord or any Property Mortgagee the Lessor at the times required, Landlord the Lessor shall be entitled, but shall have the rightno obligation, upon after 10 days' Notice to Tenant, but not Lessee (or after less than 10 days' Notice if required to prevent the obligationexpiration of any existing policy), to acquire effect such insurance and pay the premiums therefor, which amounts and to be reimbursed by Lessee for any such premiums upon written demand therefor. Each insurer mentioned in this Article 13 shall agree, by endorsement to the policy or policies issued by it, or by independent instrument furnished to the Lessor that it will give to Lessor 7 days' written notice before the policy or policies in question shall be payable materially altered, allowed to Landlordexpire or canceled. All the policies of insurance referred to in this Article 13 that are the responsibility of the Lessor shall be written in form, upon demandwith deductibles and by insurance companies satisfactory to Lessee and shall satisfy the requirements of any ground lease, mortgage, security agreement or other financing lien on the Leased Property and of the Franchise Agreement. The Lessor shall pay all of the premiums therefor, and deliver copies of such policies or certificates thereof to the Lessee prior to their effective date (and, with respect to any renewal policy, 30 days prior to the expiration of the existing policy), and in the event of the failure of the Lessor either to effect such insurance as Additional Chargesherein called for or to pay the premiums therefor, together with interest accrued thereon or to deliver such policies or certificates thereof to the Lessee at the Overdue Rate from times required, the date Lessee shall be entitled, but shall have no obligation, after 10 days' Notice to Lessor (or after less than 10 days' Notice if required to prevent the expiration of any existing policy), to effect such payment is made until (but excluding) insurance and pay the date repaidpremiums therefor, and to be reimbursed by Lessor for any such premiums upon written demand therefor. Each insurer mentioned in this Article 13 shall agree, by endorsement to the policy or policies issued by it, or by independent instrument furnished to the Lessee that it will give to Lessee 7 days' written notice before the policy or policies in question shall be materially altered, allowed to expire or canceled.

Appears in 1 contract

Samples: Lease Agreement (Hersha Hospitality Trust)

Form Satisfactory, Etc. All policies of insurance policies and endorsements required pursuant to under this Article 9 shall be fully paid for, nonassessable, written in a form reasonably satisfactory to Landlord and issued by reputable insurance companies authorized to do business in the State and having a general policy holder’s rating of no less than A in Best’s latest rating guideState, insurance, which companies shall be reasonably satisfactory to Landlord. All property, business interruption, liability and flood policies of insurance policies with respect to each Property required under this Article 9 shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability 250,000 and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments Losses shall be payable to Landlord or Tenant as provided in Article 10. Any loss adjustment shall require the written consent of Landlord, except that losses under liability Tenant and worker’s compensation each Facility Mortgagee. Evidence of insurance policies shall be payable deposited with Landlord and, if requested, any Facility Mortgagee. If any provisions of any Facility Mortgage requires deposits of premiums for insurance to be made with such Facility Mortgagee, provided that the Facility Mortgagee has not elected to waive such provision, Tenant shall either pay Landlord monthly the amounts required and Landlord shall transfer such amounts to such Facility Mortgagee, or, pursuant to written direction by Landlord, Tenant shall make such deposits directly to the party entitled theretowith such Facility Mortgagee. Tenant shall cause pay all insurance premiums to be paid premiums, and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, ten (10) days prior to the expiration of the existing policy). All such policies shall provide Landlord (, and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In in the event Tenant shall fail either to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Mortgagee at the times required, required Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire effect such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional ChargesRent, together with interest accrued thereon at the Overdue Base Rate from the date such payment is made until (but excluding) the date repaid. All such policies shall provide Landlord (and any Facility Mortgagee, if required by the same) thirty (30) days, prior written notice of any materially alter on, expiration or cancellation of such policy.

Appears in 1 contract

Samples: Lease Agreement (Senior Housing Properties Trust)

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Form Satisfactory, Etc. All policies of insurance policies and endorsements required pursuant to under this Article 9 shall be fully paid for, nonassessable, written in a form reasonably satisfactory to Landlord and issued by reputable insurance companies authorized to do business in the State and having a general policy holder’s rating of no less than A in Best’s latest rating guideState, insurance, which companies shall be reasonably satisfactory to Landlord. All property, business interruption, liability and flood policies of insurance policies with respect to each Property required under this Article 9 shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability 250,000 and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments Losses shall be payable to Landlord or Tenant as provided in Article 10. Any loss adjustment shall require the written consent of Landlord, except that losses under liability Tenant and worker’s compensation each Facility Mortgagee. Evidence of insurance policies shall be payable deposited with Landlord and, if requested, any Facility Mortgagee. If any provisions of any Facility Mortgage requires deposits of premiums for insurance to be made with such Facility Mortgagee, provided that the Facility Mortgagee has not elected to waive such provision, Tenant shall either pay Landlord monthly the amounts required and Landlord shall transfer such amounts to such Facility Mortgagee, or, pursuant to written direction by Landlord, Tenant shall make such deposits directly to the party entitled theretowith such Facility Mortgagee. Tenant shall cause pay all insurance premiums to be paid premiums, and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, ten (10) days prior to the expiration of the existing policy). All such policies shall provide Landlord (, and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In in the event Tenant shall fail either to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Mortgagee at the times required, required Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire effect such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional ChargesRent, together with interest accrued thereon at the Overdue Base Rate from the date such payment is made until (but excluding) the date repaid. All such policies shall provide Landlord (and any Facility Mortgagee, if required by the same) thirty (30) days' prior written notice of any materially alter on, expiration or cancellation of such policy.

Appears in 1 contract

Samples: Lease Agreement (Senior Housing Properties Trust)

Form Satisfactory, Etc. All insurance policies and endorsements ----------------------- required pursuant to this Article 9 shall be fully paid for, nonassessable, nonassessable and --------- be issued by reputable insurance companies carriers authorized to do business in the State and State, having a general policy holder’s 's rating of no less than A B++ in Best’s 's latest rating guide. All property, business interruption, liability and flood insurance such policies with respect to each Property described in Sections 9.1(a) through (d) shall include --------------------------- no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000). At all times, all property, business interruption, liability 250,000) (with the exception of insurance described in Section 9.1(a) providing coverage for -------------- windstorm which may have a deductible not exceeding five percent (5%) of the policy amount for such insurance or such lesser amount as may be usual and flood customary in the insurance policiesindustry for like properties) and, with the exception of worker’s compensation the insurance coveragedescribed in Sections 9.1(e), shall name Landlord and any Property Hotel --------------- Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability ---------- Sections 9.1(c) and worker’s compensation insurance policies (e) shall be payable directly to the party entitled thereto. ----------------------- Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Hotel Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 1 contract

Samples: Lease Agreement (Homestead Village Inc)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, nonassessable and contain such provisions and expiration dates and be in such form and amounts and issued by reputable insurance companies carriers authorized to do business in the State and in which the applicable Leased Property is located, having a general policy holder’s 's rating of no less than A or A+ in Best’s 's latest rating guideguide and as otherwise shall be approved by Landlord. All propertyWithout limiting the foregoing, business interruption, liability and flood insurance such policies with respect to each Property shall include no deductible (unless agreed to in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability advance by Landlord) and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord and any Property Facility Mortgagee as additional insuredsinsured, as their interests may appear. All loss adjustments losses shall be payable to Landlord, any Facility Mortgagee or Tenant as provided in Article 10. Any loss adjustment in excess of $50,000.00 shall require the written consent of Landlord, except that losses under liability Tenant, and worker’s compensation insurance policies shall be payable directly to the party entitled theretoeach Facility Mortgagee. Tenant shall cause pay all insurance premiums to be paid premiums, and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, ten (10) days prior to the expiration of the existing policy). All such policies shall provide Landlord (, and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In in the event Tenant shall fail either to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor therefor, or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire effect such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid. All such policies shall provide Landlord (and any Facility Mortgagee, if required by the same) thirty (30) days' prior written notice of any modification, expiration or cancellation of such policy.

Appears in 1 contract

Samples: Master Lease Document (Senior Housing Properties Trust)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 VII shall be fully paid for, nonassessable, and issued by reputable insurance companies authorized to do business in the State Commonwealth of Pennsylvania and having a general policy holder’s rating of no less than A in Best’s latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000250,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord and any Property Mortgagee Lender as an additional insuredsinsured, as their its interests may appear. All loss adjustments shall be payable as provided in Article 10VIII, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled thereto. Tenant The Borrower Parties shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord Lender prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Mortgagee if required by the same) Lender thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant the Borrower Parties shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Mortgagee Lender at the times required, Landlord Lender shall have the right, upon Notice to Tenantthe Borrower Parties, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to LandlordLender, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 1 contract

Samples: Loan Agreement (Five Star Quality Care Inc)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, and be issued by reputable insurance companies carriers authorized to do business in the State State, and shall be issued by reputable insurance companies, and, otherwise, be issued by insurance carriers having a general policy holder’s 's rating of no less than A in Best’s 's latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each such Property shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000250,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s 's compensation insurance coverage, shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s 's compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Facility Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 1 contract

Samples: Master Lease Agreement (Senior Housing Properties Trust)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article ARTICLE 9 shall be fully paid for, nonassessable, nonassessable and be issued by reputable insurance companies carriers authorized to do business in the State and State, having a general policy holder’s rating of no less than A B++ in Best’s latest rating guide. All property, business interruption, liability and flood insurance such policies with respect to each Property described in SECTIONS 9.1(a) through (d) shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000). At all times, all property, business interruption, liability and flood insurance policies250,000) and, with the exception of worker’s compensation the insurance coveragedescribed in SECTIONS 9.1(e), shall name Landlord and any Property the Hotel Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article ARTICLE 10, except that losses under liability SECTIONS 9.1(c) and worker’s compensation insurance policies 9.1(e) shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property the Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property the Hotel Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Interest Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 1 contract

Samples: Lease Agreement (Hospitality Properties Trust)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article ARTICLE 9 shall be fully paid for, nonassessable, nonassessable and be issued by reputable insurance companies carriers authorized to do business in the State and State, having a general policy holder’s 's rating of no less than A B++ in Best’s 's latest rating guide. All property, business interruption, liability and flood insurance such policies with respect to each Property described in SECTIONS 9.1(a) through (d) shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000). At all times, all property, business interruption, liability and flood insurance policies250,000) and, with the exception of worker’s compensation the insurance coveragedescribed in SECTIONS 9.1(e), shall name Landlord and any Property the Hotel Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article ARTICLE 10, except that losses under liability SECTIONS 9.1(c) and worker’s compensation insurance policies 9.1(e) shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property the Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property the Hotel Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Interest Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 1 contract

Samples: Stock Purchase Agreement (Hospitality Properties Trust)

Form Satisfactory, Etc. All of the policies of insurance policies and endorsements required pursuant ---------------------- referred to in this Article 9 Section shall be fully paid for, nonassessable, written in form satisfactory to Lessor and issued any Superior Lessor and Facility Mortgagee and by reputable insurance companies authorized satisfactory to do business in the State and having a general policy holder’s rating of no less than A in Best’s latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord Lessor and any Property Mortgagee Superior Lessor and Facility Mortgagee. Lessor agrees that it will not unreasonably withhold, delay or condition its approval as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled theretoform of the policies of insurance or as to the insurance companies selected by Tenant. Tenant shall cause pay all insurance of the premiums to be paid therefor not later than the earlier of the date which is thirty (30) days after Tenant's receipt of an invoice therefor or the due date of the applicable premium, and shall deliver (or cause to be delivered) such policies or certificates thereof to Landlord Lessor prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (, and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In in the event of the failure of Tenant shall fail either to effect (or cause to be effected) such insurance as in the names herein required, called for or to pay (or cause to be paid) the premiums therefor therefor, or to deliver (or cause to be delivered) such policies or certificates thereof to Landlord or any Property Lessor and each Superior Lessor and Facility Mortgagee at the times required, Landlord Lessor shall be entitled, but shall have the right, upon Notice to Tenant, but not the no obligation, to acquire effect such insurance and pay the premiums therefor, which amounts premiums shall be payable repayable to LandlordLessor upon written demand therefor, upon demandand failure to repay the same shall constitute an Event of Default within the meaning of Section 16.1(c). Each insurer mentioned in this Section --------------- shall agree, as Additional Chargesby endorsement on the policy or policies issued by it, together with interest accrued thereon at or by independent instrument furnished to Lessor and any Superior Lessor and Facility Mortgagee, that it will give to Lessor thirty (30) days' written notice before the Overdue Rate from the date such payment is made until (but excluding) the date repaidpolicy or policies in question shall be materially altered, allowed to expire or canceled.

Appears in 1 contract

Samples: Master Lease Agreement (Ventas Inc)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessablenonassessable and, except for umbrella and flood coverage, be issued by reputable insurance companies carriers authorized to do business in the State and State, having a general policy holder’s rating of no less than A A:XI in Best’s 's latest rating guideguide and otherwise satisfactory under any Hotel Mortgage, or Ground Lease. All propertyNo policy described in Sections 9.1(i)(a), business interruption, liability (ii)(a)-(c) and flood insurance policies with respect to each Property (iii) shall include no a deductible in excess of Five Hundred One Thousand Dollars ($500,000). At all times1,000) (provided, all propertyhowever, business interruption, liability that insurance for earthquake and flood insurance policieshurricane damage may include such reasonable deductibles as are consistent with normal industry practice and which are otherwise acceptable to Landlord) and, with the exception of worker’s compensation the insurance coveragedescribed in Section 9.1(i)(b), shall name Landlord and any Property Hotel Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Hotel Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Hotel Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, subject to the provisions of Section 12.5, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 1 contract

Samples: Lease Agreement (Lasalle Hotel Properties)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, and be issued by reputable insurance companies carriers authorized to do business in the State State, and shall be issued by reputable insurance companies, and otherwise be issued by insurance carriers, having a general policy holder’s 's rating of no less than A “A-” in Best’s 's latest rating guide. All property, business interruption, interruption and liability and flood insurance policies with respect to each Property (excluding earthquake coverage) shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000250,000) per incident. Any liability policy carried hereunder may be a “claims made” policy, rather than an occurrence policy, and Tenant may choose to implement an insurance program which is a fully funded rent-a-captive program (such funding to be in an amount not less than $2,000,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s 's compensation insurance coverage, shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s 's compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord on or prior to their effective date (and, with respect to any renewal policy, on or prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Facility Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.. -38- 9.4

Appears in 1 contract

Samples: Lease Agreement (Alterra Healthcare Corp)

Form Satisfactory, Etc. All of the policies of insurance policies and endorsements required pursuant referred to in this Article 9 15 shall be fully paid for, nonassessable, written in a form reasonably satisfactory to Landlord and issued by reputable insurance companies authorized to do business in the State and having a general policy holder’s rating of no rated not less than A in "A" by A.M. Best’s latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord and any Property Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled thereto's Insurance Guide. Tenant shall cause pay all premiums for the policies of insurance premiums referred to be paid in Sections 15.1 and 15.2 and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, and with respect to any renewal policy, at least ten (10) days prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail fails to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Mortgagee at the times requiredsatisfy its obligations under this Article 15, Landlord shall have the right, upon Notice to Tenantbe entitled, but not the shall have no obligation, to acquire effect such insurance and pay the premiums therefortherefore, which amounts premiums shall be repayable to Landlord upon written demand as Additional Charges. Each insurer issuing policies pursuant to this Article 15 shall agree, by endorsement on the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord thirty (30) days' written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Each such policy shall also provide that any loss otherwise payable thereunder shall be payable to Landlordnotwithstanding (i) any act or omission of Landlord or Tenant which might, upon demandabsent such provision, as Additional Chargesresult in a forfeiture of all or a part of such insurance payment, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excludingii) the date repaidoccupation or use of the Property for purposes more hazardous than those permitted by the provisions of such policy, (iii) any foreclosure or other action or proceeding taken by any Facility Mortgagee pursuant to any provision of a mortgage, note, assignment or other document evidencing or securing a loan upon the happening of an event of default therein or (iv) any change in title to or ownership of the Property.

Appears in 1 contract

Samples: Lease (Golf Trust of America Inc)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, nonassessable and contain such provisions and expiration dates and be in such form and amounts and issued by reputable insurance companies carriers authorized to do business in the State and State, having a general policy holder’s 's rating of no less than A or A+ in Best’s 's latest rating guide, and as otherwise shall be approved by Landlord. All propertyWithout limiting the foregoing, business interruption, liability and flood insurance such policies with respect to each Property shall include no deductible (unless consistent with deductibles included in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability policies carried by entities engaged in similar businesses and flood insurance policiesowning similar properties similarly situated or agreed to in advance by Landlord) and, with the exception of worker’s compensation the insurance coveragedescribed in Section 9.1(f), shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments losses shall be payable to Landlord, any Facility Mortgagee or Tenant as provided in Article 10. Any loss adjustment in excess of $50,000 shall require the written consent of Landlord, except that losses under liability Tenant, and worker’s compensation insurance policies shall be payable directly to the party entitled theretoeach Facility Mortgagee. Tenant shall cause pay all insurance premiums to be paid premiums, and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, thirty (30) days prior to the expiration of the existing policy). All such policies shall provide Landlord (, and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In in the event Tenant shall fail either to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor therefor, or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid. All such policies shall provide Landlord (and any Facility Mortgagee, if required by the same) thirty (30) days' prior written notice of any expiration or cancellation of such policy or any modification thereof the effect of which is to reduce the amount of insurance maintained or otherwise fail to effect the insurance required by this Article 9.

Appears in 1 contract

Samples: Master Lease (Senior Housing Properties Trust)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article ARTICLE 9 shall be fully paid for, nonassessable, and be issued by reputable insurance companies carriers authorized to do business in the State State, and shall be issued by reputable insurance companies, and, otherwise, be issued by insurance carriers having a general policy holder’s 's rating of no less than A in Best’s 's latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each such Property shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000250,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s 's compensation insurance coverage, shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article ARTICLE 10, except that losses under liability and worker’s 's compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Facility Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 1 contract

Samples: Master Lease Agreement (Five Star Quality Care Inc)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article ARTICLE 9 shall be fully paid for, nonassessable, and be issued by reputable insurance companies carriers authorized to do business in the State and State, and, so long the MSLS Operating Agreement remains in effect with respect to a Property, with respect to any insurance maintained by MSLS, be issued by reputable insurance companies, and, otherwise, be issued by insurance carriers having a general policy holder’s 's rating of no less than A in Best’s 's latest rating guide. All So long as the MSLS Operating Agreement remains in effect with respect to a Property, the property, business interruption, liability and flood insurance policies with respect to each such Property shall include only those deductibles permitted by such MSLS Operating Agreement. After the MSLS Operating Agreement terminates with respect to a Property, all property, business interruption, liability and flood insurance policies with respect to such Property shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000250,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s 's compensation insurance coverage, shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as - 40 - provided in Article ARTICLE 10, except that losses under liability and worker’s 's compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Facility Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 1 contract

Samples: Master Lease Agreement (Five Star Quality Care Inc)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article ARTICLE 9 shall be fully paid for, nonassessable, and issued by reputable insurance companies authorized to do business in the State and having a general policy holder’s 's rating of no less than A in Best’s 's latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s 's compensation insurance coverage, shall name Landlord and any Property Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article ARTICLE 10, except that losses under liability and worker’s 's compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 1 contract

Samples: Lease Agreement (Travelcenters of America LLC)

Form Satisfactory, Etc. All of the policies of insurance policies and endorsements required pursuant referred ---------------------- to this Article 9 in Section 13.1 shall be fully paid for, nonassessable, written in a form reasonably satisfactory to ------------ Landlord and issued by reputable insurance companies authorized to do business in the State and having a general policy holder’s rating of no rated not less than A in A-X by A.M. Best’s latest rating guide's Insurance Guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000). At all timesIn addition, all property, business interruption, liability and flood insurance policies, with the exception of worker’s compensation insurance coverage, carried by Tenant hereunder shall name Landlord and any Property Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly have deductible amounts which are reasonably acceptable to the party entitled theretoLandlord. Tenant shall cause pay all premiums for the policies of insurance premiums referred to be paid in Section 13.1 ------------ and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, and with respect to any renewal policy, at least 10 days prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail fails to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Mortgagee at the times requiredsatisfy its obligations under this Section 13.4, Landlord shall have the right, upon Notice to Tenantbe entitled, but not the shall have ------------ no obligation, to acquire effect such insurance and pay the premiums therefor, which amounts premiums shall be repayable to Landlord upon written demand as Additional Charges. Each insurer mentioned in Section 13.1 shall agree, by endorsement on ------------ the policy or policies issued by it, or by independent instrument furnished to Landlord, that it will give to Landlord 30 days' written notice before the policy or policies in question shall be altered, allowed to expire or cancelled. Each such policy shall also provide that any loss otherwise payable thereunder shall be payable to Landlordnotwithstanding (i) any act or omission of Landlord or Tenant which might, upon demandabsent such provision, as Additional Chargesresult in a forfeiture of all or a part of such insurance payment, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excludingii) the date repaidoccupation or use of the Leased Property for purposes more hazardous than those permitted by the provisions of such policy, (iii) any foreclosure or other action or proceeding taken by any Facility Mortgagee pursuant to any provision of a mortgage, note, assignment or other document evidencing or securing a loan upon the happening of an event of default therein or (iv) any change in title to or ownership of the Leased Property.

Appears in 1 contract

Samples: Lease (National Golf Properties Inc)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, and be issued by reputable insurance companies carriers authorized to do business in the State and State, and, so long the MSLS Operating Agreement remains in effect with respect to a Property, with respect to any insurance maintained by MSLS, be issued by reputable insurance companies, and, otherwise, be issued by insurance carriers having a general policy holder’s 's rating of no less than A in Best’s 's latest rating guide. All So long as the MSLS Operating Agreement remains in effect with respect to a Property, the property, business interruption, liability and flood insurance policies with respect to each such Property shall include only those deductibles permitted by such MSLS Operating Agreement. After the MSLS Operating Agreement terminates with respect to a Property, all property, business interruption, liability and flood insurance policies with respect to such Property shall include no deductible in excess of Five Two Hundred Fifty Thousand Dollars ($500,000250,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s 's compensation insurance coverage, shall name Landlord and any Property Facility Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s 's compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Facility Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Facility Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 1 contract

Samples: Master Lease Agreement (Senior Housing Properties Trust)

Form Satisfactory, Etc. All insurance policies and endorsements required pursuant to this Article 9 shall be fully paid for, nonassessable, and issued by reputable insurance companies authorized to do business in the State and having a general policy holder’s 's rating of no less than A in Best’s 's latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s 's compensation insurance coverage, shall name Landlord and any Property Mortgagee as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s 's compensation insurance policies shall be payable directly to the party entitled thereto. Tenant shall cause all insurance premiums to be paid and shall deliver (or cause to be delivered) policies or certificates thereof to Landlord prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In the event Tenant shall fail to effect (or cause to be effected) such insurance as herein required, to pay (or cause to be paid) the premiums therefor or to deliver (or cause to be delivered) such policies or certificates to Landlord or any Property Mortgagee at the times required, Landlord shall have the right, upon Notice to Tenant, but not the obligation, to acquire such insurance and pay the premiums therefor, which amounts shall be payable to Landlord, upon demand, as Additional Charges, together with interest accrued thereon at the Overdue Rate from the date such payment is made until (but excluding) the date repaid.

Appears in 1 contract

Samples: Lease Agreement (Service Properties Trust)

Form Satisfactory, Etc. All of the policies of ---------------------- insurance policies and endorsements required pursuant referred to in this Article 9 Section shall be fully paid for, nonassessable, written in form satisfactory to Lessor and issued any Superior Lessor and Facility Mortgagee and by reputable insurance companies authorized satisfactory to do business in the State and having a general policy holder’s rating of no less than A in Best’s latest rating guide. All property, business interruption, liability and flood insurance policies with respect to each Property shall include no deductible in excess of Five Hundred Thousand Dollars ($500,000). At all times, all property, business interruption, liability and flood insurance policies, with the exception of worker’s compensation insurance coverage, shall name Landlord Lessor and any Property Mortgagee Superior Lessor and Facility Mortgagee. Lessor agrees that it will not unreasonably withhold, delay or condition its approval as additional insureds, as their interests may appear. All loss adjustments shall be payable as provided in Article 10, except that losses under liability and worker’s compensation insurance policies shall be payable directly to the party entitled theretoform of the policies of insurance or as to the insurance companies selected by Tenant. Tenant shall cause pay all insurance of the premiums to be paid therefor not later than the earlier of the date which is thirty (30) days after Tenant's receipt of an invoice therefor or the due date of the applicable premium, and shall deliver (or cause to be delivered) such policies or certificates thereof to Landlord Lessor prior to their effective date (and, with respect to any renewal policy, prior to the expiration of the existing policy). All such policies shall provide Landlord (, and any Property Mortgagee if required by the same) thirty (30) days prior written notice of any material change or cancellation of such policy. In in the event of the failure of Tenant shall fail either to effect (or cause to be effected) such insurance as in the names herein required, called for or to pay (or cause to be paid) the premiums therefor therefor, or to deliver (or cause to be delivered) such policies or certificates thereof to Landlord or any Property Lessor and each Superior Lessor and Facility Mortgagee at the times required, Landlord Lessor shall be entitled, but shall have the right, upon Notice to Tenant, but not the no obligation, to acquire effect such insurance and pay the premiums therefor, which amounts premiums shall be payable repayable to LandlordLessor upon written demand therefor, upon demandand failure to repay the same shall constitute an Event of Default within the meaning of Section 16.1(c). Each insurer mentioned in this Section shall agree, as Additional Chargesby -------------- endorsement on the policy or policies issued by it, together with interest accrued thereon at or by independent instrument furnished to Lessor and any Superior Lessor and Facility Mortgagee, that it will give to Lessor thirty (30) days' written notice before the Overdue Rate from the date such payment is made until (but excluding) the date repaidpolicy or policies in question shall be materially altered, allowed to expire or canceled.

Appears in 1 contract

Samples: Master Lease Agreement (Kindred Healthcare Inc)

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