Common use of Landlord Insurance Clause in Contracts

Landlord Insurance. Landlord shall maintain insurance on the Project, including the Buildings (excluding the Tenant Improvements and any Alterations, which shall be insured by Tenant) and the Common Area, against fire and risks covered by “special” coverage (also known as “all risk”) (excluding earthquake and flood, though Landlord, at its sole option, may include this coverage, and Tenant acknowledges that Landlord intends to initially carry such coverage) on a 100% of “replacement cost” basis (though reasonable deductibles may be included under such coverage). Landlord’s insurance shall have a building ordinance provision, and shall provide for rental interruption insurance covering a period of twelve (12) full months. In no event shall Landlord be deemed a co‑insurer under such policy. Landlord shall also maintain commercial general liability insurance with respect to the Project on an occurrence basis in amounts not less than Ten Million Dollars ($10,000,000) per occurrence with respect to bodily CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. injury or death and property damage in the Project. Notwithstanding the foregoing obligations of Landlord to carry insurance, Landlord may modify the foregoing coverages if and to the extent it is commercially reasonable to do so. Tenant acknowledges that, notwithstanding any provision of this Paragraph 11(e) or this Lease, Landlord currently intends to carry earthquake insurance on the Project during the Term of this Lease.

Landlord Insurance. Landlord shall maintain insurance on the Project, including the Buildings (excluding Base Building, the Warm Shell Improvements, the Tenant Improvements and any Alterations installed in the Premises by Tenant at its expense to the extent Tenant provides Landlord with all information reasonably required by Landlord or its insurer in connection therewith (with the entire cost of any such insurance on Tenant Improvements and Alterations to be payable directly by Tenant to Landlord as an Additional Charge, including the incremental cost to add such insurance to Landlord's policies and any deductibles payable with respect to such Tenant Improvements and Alterations, which shall be insured by Tenant) and the Common Area), against fire and risks covered by “"special” " coverage (also known as “"all risk”") (excluding earthquake and flood, though Landlord, at its sole option, may include this coverage, and Tenant acknowledges that Landlord intends to initially carry such coverage) on a 100% of “"replacement cost” " basis (though reasonable deductibles may be included under such coverage). Landlord’s 's insurance shall also cover the improvements installed by Landlord prior to the commencement of the Term, and the Warm Shell Improvements and the Tenant Improvements installed by Tenant pursuant to the Work Letter, shall have a building ordinance provision, and shall provide for rental interruption insurance covering a period of twelve (12) full months. In no event shall Landlord be deemed a co‑insurer co-insurer under such policy. Landlord shall also maintain commercial general liability insurance with respect to the Project on an occurrence basis in amounts not less than Ten Three Million Dollars ($10,000,0003,000,000) per occurrence with respect to bodily CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. injury or death and property damage in the Project. Notwithstanding the foregoing obligations of Landlord to carry insurance, Landlord may modify the foregoing coverages if and to the extent it is commercially reasonable to do so. Landlord agrees to provide Tenant, upon written request, with certificates of insurance evidencing the foregoing coverages. Tenant acknowledges that, notwithstanding any provision of this Paragraph 11(e10(f) or this Lease, Landlord currently intends to carry earthquake insurance on the Project during the Term of this Lease.

Landlord Insurance. Landlord shall maintain throughout the Term and any applicable Extended Term policies of property insurance on covering loss of or damage to the ProjectBuilding and the Premises (including Landlord-owned tenant improvements and subsequent alterations to the Premises) in the full amount of its replacement cost, with an endorsement to cover code changes, covering perils insured under special causes of loss form and broad causes of loss form. Such policies shall provide protection against all perils included within the classification of fire, extended coverage, vandalism, malicious mischief, special extended perils (“special cause of loss”), and sprinkler leakage. If any permanent improvements are made to the Premises at Tenant's expense, Landlord shall and is hereby deemed to assign to Tenant a right to insurance proceeds in the amount equal to the replacement cost of such improvements. Notwithstanding the assignment, and provided this Lease is not terminated pursuant its terms, all proceeds of Landlord’s property insurance shall be applied, as required, toward the restoration or replacement of the Building and/ or the Premises (including the Buildings (excluding the Tenant Improvements and any Alterations, which shall be insured by improvements constructed at Tenant) and the Common Area, against fire and risks covered by “special” coverage (also known as “all risk”) (excluding earthquake and flood, though Landlord, at its sole option, may include this coverage’s expense), and Tenant acknowledges that shall reassign to Landlord intends its portion of insurance proceeds for such purpose. The property insurance carried by Landlord pursuant to initially carry such coveragethis Section 16(d) on a 100% of “replacement cost” basis (though reasonable deductibles may shall be included under such coverage). Landlord’s primary to and non-contributory with any property insurance shall have a building ordinance provision, and shall provide for rental interruption insurance covering a period of twelve (12) full months. In no event shall Landlord be deemed a co‑insurer under such policycarried by Tenant. Landlord shall also further maintain throughout the Term and any Extended Term a policy of commercial general liability insurance with respect to the Project on an occurrence basis in amounts a combined single limit of not less than Ten Million Dollars two million dollars ($10,000,0002,000,000.00) per occurrence with respect to and four million dollars ($4,000,000.00) aggregate for bodily CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. injury or death and property damage damage, insuring Landlord against liability arising out of the ownership, use, occupancy or maintenance of the Building. The foregoing dollar limits may be satisfied through “excess coverage,” so long as such excess coverage affords the same protection against the same risks covered by the general liability insurance described in this Section 17(d). All required Landlord’s insurance shall be issued by insurance companies authorized to do business in the Project. Notwithstanding the foregoing obligations State of Landlord to carry insurance, Landlord may modify the foregoing coverages if and to the extent it is commercially reasonable to do so. Tenant acknowledges that, notwithstanding any provision Washington with a Best's Rating of this Paragraph 11(e) “A VII” or this Lease, Landlord currently intends to carry earthquake insurance on the Project during the Term of this Leasebetter.

Landlord Insurance. Landlord shall maintain insurance on the Project, including the Buildings Building, and on any Alterations installed in the Premises by Tenant at its expense to the extent Tenant provides Landlord with all information reasonably required by Landlord or its insurer in connection therewith (excluding with the entire cost of any such insurance on Alterations to be payable directly by Tenant Improvements to Landlord as an Additional Charge, including the incremental cost to add such insurance to Landlord's policies and any deductibles payable with respect to such Alterations, which shall be insured by Tenant) and the Common Area), against fire and risks covered by “"special” " coverage (also known as “"all risk”") (excluding earthquake and flood, though Landlord, at its sole option, may include this coverage, and Tenant acknowledges that Landlord intends to initially carry such coverage) on a 100% of “"replacement cost” " basis (though reasonable deductibles may be included under such coverage). Landlord’s 's insurance shall have a building ordinance provision, and shall provide for rental interruption insurance covering a period of twelve (12) full months. In no event shall Landlord be deemed a co‑insurer co-insurer under such policy. Landlord shall also maintain commercial general liability insurance with respect to the Project on an occurrence basis in amounts not less than Ten Three Million Dollars ($10,000,0003,000,000) per occurrence with respect to bodily CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. injury or death and property damage in the Project. Notwithstanding the foregoing obligations of Landlord to carry insurance, Landlord may modify the foregoing coverages if and to the extent it is commercially reasonable to do so. Landlord agrees to provide Tenant, upon written request, with certificates of insurance evidencing the foregoing coverages. Tenant acknowledges that, notwithstanding any provision of this Paragraph 11(e10(f) or this Lease, Landlord currently intends to carry earthquake insurance on the Project during the Term of this Lease. At all times prior to a Reinstatement or Occupancy, Landlord shall cause such insurance to name Tenant, Guarantor and such other parties (to the extent of their respective interests) as Tenant may reasonably request as additional insureds, shall specifically include the liability assumed hereunder by Landlord with respect to periods prior to Reinstatement or Occupancy, and shall provide that it is primary insurance, and not excess over or contributory with any other valid, existing and applicable insurance in force for or on behalf of Tenant, and shall provide that Tenant shall receive thirty 30) days' written notice from the insurer prior to any cancellation or change of coverage. Landlord shall deliver certificates of such insurance naming the additional insureds thereof to Tenant within ten (10) days after the Commencement Date, and thereafter at least thirty (30) days before the expiration dates of expiring policies.

Landlord Insurance. All insurance carried by Landlord pursuant to this Paragraph 11.1 shall be referred to in this Lease as “Landlord’s Insurance.” Landlord shall maintain insurance on keep the Project, including the Buildings (excluding the Tenant Improvements and any Alterations, which shall be Building insured by Tenant) and the Common Area, against fire and other risks covered by “special” coverage a Causes of Loss – Special Form Property Insurance Policy written on XXXXX form CP1030 (or equivalent) in the full replacement value thereof, such policy to have a deductible in an amount reasonably acceptable to Landlord and such policy to be issued by an insurer authorized to issue insurance in the State of Washington. Landlord may, at Landlord’s option, cause such policy to be endorsed to cover the peril of earthquake if the Causes of Loss – Special Form Property Insurance Policy does not include such coverage. Landlord shall also known as “all risk”carry Commercial General Liability Insurance on an occurrence basis with initial combined single limits of not less than One Million Dollars ($1,000,000) together with Umbrella Liability Insurance in the following form with initial combined single limits of not less than Four Million Dollars ($4,000,000) (excluding earthquake or in such combination of Commercial General Liability Insurance and floodUmbrella Liability Insurance as is determined by Landlord to be appropriate, though Landlord, at its sole option, may include this coverage, and Tenant acknowledges that Landlord intends to initially carry such coveragebut in no event less than Five Million Dollars ($5,000,000) on a 100% of “replacement cost” basis (though reasonable deductibles may be included under such coveragetotal combined single limits). Landlord’s insurance shall have a building ordinance provision, be issued by an insurer or insurers with an A.M. Best Financial Strength Rating of A- or greater and shall provide for rental interruption insurance covering a period an A.M. Best Financial Size Rating of twelve (12) full monthsClass VII or greater. In no event shall Landlord be deemed a co‑insurer under such policy. Landlord shall also maintain commercial general The initial amounts of Landlord’s liability insurance shall be subject to periodic increase based upon inflation or increased liability awards. Tenant shall be named an additional insured on Landlord’s liability insurance for the Premises with respect to the Project matters which are the subject of Tenant’s indemnity of Landlord contained in this Lease. Tenant shall reimburse Landlord on an occurrence annual basis in amounts not less than Ten Million Dollars within thirty ($10,000,00030) per occurrence with respect to bodily CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. injury or death and property damage in days after receipt from Landlord of a billing for the Project. Notwithstanding the foregoing obligations costs of Landlord to carry insurance, Landlord may modify the foregoing coverages if and Landlord’s Insurance as it applies to the extent it is commercially reasonable to do so. Tenant acknowledges that, notwithstanding any provision of this Paragraph 11(e) or this Lease, Landlord currently intends to carry earthquake insurance on the Project during the Term of this LeasePremises.

Landlord Insurance. Landlord shall maintain insurance on the Project, including the Buildings (excluding the Tenant Improvements and any Alterations, which shall be insured by Tenant) and the Common Area, against fire and risks covered by “special” coverage (also known as “all risk”) (excluding earthquake and flood, though Landlord, at its sole option, may include this coverage, and Tenant acknowledges that Landlord intends to initially carry such coverage) on a 100% of “replacement cost” basis (though reasonable deductibles may be included under such coverage). Landlord’s insurance shall have a building ordinance provision, and shall provide for rental interruption insurance covering a period of twelve (12) full months. In no event shall Landlord be deemed a co‑insurer under such policy. Landlord shall also maintain commercial general liability insurance with respect to the Project and Building during the Term, and shall further insure the Building and the Project and Exterior Equipment during the Term (for the full replacement) against loss or damage due to fire and other casualties covered within the classification of fire and extended coverage, vandalism coverage and malicious mischief, sprinkler leakage, water damage and special extended coverage. Such coverage shall be in such amounts, from such companies, and on an occurrence basis such other terms and conditions, as Landlord may from time to time reasonably determine but in amounts not less than Ten Million Dollars ($10,000,000) per occurrence all events materially consistent with respect to bodily CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”the practices of landlords of Comparable Buildings. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT OF 1933. injury Additionally, at the option of Landlord, such insurance coverage may include the risks of earthquakes and/or flood damage, terrorist acts and additional hazards, a rental loss endorsement and one or death and property damage more loss payee endorsements in favor of the holders of any mortgages or deeds of trust encumbering the interest of Landlord in the ProjectBuilding or the ground or underlying lessors of the Building, or any portion thereof. Notwithstanding the foregoing provisions of this Section 10(f), the coverage and amounts of insurance carried by Landlord in connection with the Building shall, at a minimum, be comparable to the coverage and amounts of insurance which are carried by reasonably prudent landlords of buildings comparable to and in the vicinity of the Building (provided that in no event shall Landlord be required to carry earthquake insurance), and Worker’s Compensation and Employer’s Liability coverage as required by applicable Law. Tenant shall, at Tenant’s expense, comply with all of Landlord’s insurance company requirements pertaining to the use of the Premises. Notwithstanding the foregoing obligations of Landlord to carry insurance, Landlord may modify the foregoing coverages if and to the extent it is commercially reasonable to do so. Tenant acknowledges that, notwithstanding any provision of this Paragraph 11(e) or this LeaseIn addition to and without limiting the foregoing requirements, Landlord currently intends shall also carry all insurance required to carry earthquake insurance on be carried by the Project during “Brocade Owner” under the Term of this LeaseDeclaration.