Common use of Liability Insurance Clause in Contracts

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 7 contracts

Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)

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Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s 's compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s 's failure to maintain such insurance.

Appears in 6 contracts

Samples: Lease (Radiation Therapy Services Inc), Lease (Radiation Therapy Services Inc), Lease (Radiation Therapy Services Inc)

Liability Insurance. Landlord and Tenant shallshall each maintain a policy or policies of commercial general liability insurance, with the premiums thereon fully paid on or before the due dates, issued by and binding upon a reputable insurance company qualified and licensed to do business in the State, with a current Best’s Rating of A or better (provided, that during any period that the entire term hereofrequired insurance coverage is not available on commercially reasonable terms from insurers with such a rating, keep in full force then Landlord or Tenant may utilize a company with a lower rating, so long as such company has a rating equal to the highest rating as among the insurers then making available the required insurance coverage on commercially reasonable terms). Such insurance shall be written on occurrence basis, and effect bodily injury and public liability insurance in an amount shall afford minimum coverage (which may be effected by primary and/or excess coverage) of not less than FIVE HUNDRED THOUSAND DOLLARS Five Million Dollars ($500,0005,000,000.00) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentfor bodily injury, respectively; death or property damage in any one (1) accident or occurrence. Notwithstanding anything to the contrary contained herein, so long as Tenant satisfies the Self-Insurance Net Worth Test, Tenant may elect to self-insure in lieu of meeting Tenant’s liability insurance requirements under this Section 6.5. If, and to the extent, Tenant does not, in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation whole or in part, carry insurance in that complies with the maximum amount permitted under Florida lawrequirements of this Section 6.5, then Tenant shall be deemed to have elected to self-insure to such extent. Either Landlord may require such insurance coverage or Tenant may, from time to be increased after time, request the first five years consent of the term other party to increase the aforementioned level of minimum coverage, and such other party shall not unreasonably withhold its consent thereto, so long as the requested increased level of minimum coverage is not in excess of the limits then generally maintained by similarly situated parties in Comparable Buildings. Notwithstanding the foregoing provisions of this LeaseSection 6.5, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlordif, and for so long as, Tenant as insuredhereunder is a Wachovia Party, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered ________________________________________________________________________________________________________________________ Tenant may elect to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting maintain the liability insurance required of Tenant under this LeaseSection 6.5 though policies issued by a captive insurance company that is wholly owned by Wachovia Corporation (whether or not such insurance company is licensed or rated as herein-above otherwise required). In the event that Tenant The policy shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained maintained by Tenant each party under this LeaseSection 6.5 hereof, Landlord (i) shall name the other party as an additional insured as its interest may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierappear, and Tenant (ii) shall pay as additional rent, upon demand provide that no less than thirty (30) days prior written notice of Landlord, any and all premiums, costs, charges and expenses incurred cancellation or expended by Landlord in obtaining such insurancenon-renewal shall be given to the other party. Notwithstanding Each party shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage furnish the other with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement a certificate of such insurance by Landlord shall not relieve Tenant evidencing the foregoing insurance required of its obligations it under this Section 6.5 prior to (or upon execution of) this Lease to maintain insurance coverage in (which certificate shall indicate the types and amounts herein specifiedof such insurance, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancethe requirements of the preceding sentence).

Appears in 3 contracts

Samples: And Attornment Agreement (KBS Real Estate Investment Trust, Inc.), And Attornment Agreement (KBS Real Estate Investment Trust, Inc.), And Attornment Agreement (KBS Real Estate Investment Trust, Inc.)

Liability Insurance. Tenant shall, During the Lease Term and during the entire term next three years thereafter, Lessee shall maintain (or cause to be maintained) at no expense to Lessor the following insurance, on a worldwide basis with no territorial restrictions, except as may be specifically consented to from time to time by Lessor, such consent not to be unreasonably withheld, with insurers of recognized responsibility approved by Lessor through nationally recognized aviation insurance brokers: comprehensive aviation liability insurance (including third party legal liability, public liability, passenger legal liability, personal injury liability, passenger's baggage and personal effects (checked and unchecked) liability, cargo legal liability, mail legal liability, premises liability, products/completed operations, hangarkeepers (ground and in-flight) liability and war risks liability (Lloyd's of London Clause AV.52 or its equivalent), insurance of the indemnification obligations set forth in Section 15 hereof, keep in full force and effect bodily injury and public property damage liability insurance with respect to the In-Use Aircraft in an amount not less than FIVE HUNDRED THOUSAND DOLLARS (that carried by Lessee on similar equipment owned or leased by Lessee, PROVIDED that such liability insurance shall in no event be less than $500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and 500,000,000 for any one accident, respectivelyor series of accidents arising out of any one event. Lessee shall not self-insure with respect to any public liability coverage with the exception of baggage, cargo and mail liabilities. Any policies of insurance carried in accordance with this Section 9(a) and any policies taken out in substitution or replacement for any of such policies shall: (1) name Lessor and its Affiliates and directors, officers, employees, servants and agents as an additional insured (each such Person an "ADDITIONAL INSURED"), as their respective interests may appear; property damage insurance (2) provide that in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years respect of the term interest of this Leaseeach Additional Insured in such policies, provided that such increase the insurance shall not cause the required limits be invalidated by any action or inaction of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, Lessee or any person, firms or corporations designated by Landlord, and Tenant as other insured, and shall contain a clause insure each Additional Insured regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Lessee; (3) provide that if the insurer will not insurers cancel such insurance for any reason whatever, or if there is any substantial change in policy terms and conditions or coverage, such cancellation, lapse or change shall not be effective as to any Additional Insured until thirty days (seven days, or such other period as may from time to time be customarily obtainable in the industry, in the case of war risk and allied perils coverage) after receipt by such Additional Insured of written notice from such insurers of such cancellation, lapse or change; and (4) provide that no Additional Insured shall have any obligation or liability for premiums, commissions, assessments or calls in connection with such insurance. Each liability policy shall (i) be primary without right of contribution from any other insurance without first giving the Landlord twenty which is carried by any Additional Insured, (20ii) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy expressly provide that all of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall provisions thereof, except the limits of said insurance policies be considered liability, shall operate in the same manner as limiting if there were a separate policy covering any Additional Insured, and (iii) waive any right of the insurers to any subrogation, set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of Tenant under this Leaseany Additional Insured or Lessee to the extent of any moneys due to such Additional Insureds. In the event that Tenant shall fail case of the requisition for use of the In-Use Aircraft or any Serviced Engine by the Government, a valid agreement by the Government to obtain or maintain indemnify Lessee in full force and effect a manner satisfactory to Lessor against any of the risks which Lessee is required hereunder to insure against in an amount at least equal to the amount of insurance coverage required to be obtained by Tenant maintained for the Aircraft under this LeaseSection 9 from time to time shall, Landlord may procure same to the extent such indemnity from the Government complies with the requirements set forth in Section 7(g) hereof, be considered adequate insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, to the extent of the risks and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from that are the subject of any loss or damage incurred or suffered by Landlord from Tenant’s failure such agreement to maintain such insuranceindemnify.

Appears in 3 contracts

Samples: Aircraft Lease Agreement (Hawaiian Airlines Inc/Hi), Lease Agreement (Hawaiian Airlines Inc/Hi), Lease Agreement (Hawaiian Airlines Inc/Hi)

Liability Insurance. Tenant At all times during the Term, Sublessee shall, during the entire term hereofat its own cost and expense, provide and keep in full force for the benefit of Landlord, Sublessee and effect bodily injury and public Sublessor, comprehensive general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentagainst claims for bodily injury, respectively; death or property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance occurring in, on or about the Subleased Premises, with limits as specified in the maximum amount permitted under Florida lawPrime Lease. Landlord may require such The insurance coverage to be increased after the first five years of the term of this Leaseprovided and kept in force hereunder by Sublessee shall include Sublessee, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and Sublessor and Landlord, as additional insureds. Said policy shall be obtained by Sublessee and certificates thereof delivered to Sublessor promptly after the signing of this Sublease. Said policy shall be for a period of not less than one year and shall contain a clause that provision whereby the insurer will same cannot cancel be materially changed or canceled unless Sublessor is given at least thirty (30) days’ written notice of such material change the or cancellation. Sublessee shall obtain and pay for renewals of such insurance without first giving the Landlord twenty from time to time at least thirty (2030) days prior noticebefore the expiration thereof, and Sublessee shall promptly deliver certificates thereof to Sublessor. The Any insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained provided by Tenant under Sublessee pursuant to this Lease, Landlord Sublease may procure same from be provided by blanket insurance carriers as Landlord may deem proper, irrespective covering the Subleased Premises and other properties of Sublessee upon condition that a lesser premium for (i) such blanket insurance coverage may have been obtained from another insurance carriercomplies with all of the other requirements of this Sublease and is acceptable to Sublessor and Landlord, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement (ii) certificates of such insurance by Landlord are delivered to Sublessor and Landlord. Sublessee shall not relieve Tenant of obtain and pay for insurance on its obligations under this Lease to maintain insurance coverage equipment, furnishings, furniture and other personal property in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceSubleased Premises.

Appears in 3 contracts

Samples: Prime Lease (ITT Corp), Prime Lease (Xylem Inc.), Master Lease Agreement (Xylem Inc.)

Liability Insurance. Tenant shall, during the entire term hereof, keep shall maintain in full force and effect ------------------- throughout the Term, commercial general liability insurance providing coverage on an occurrence form basis with limits of not less than Two Million Dollars ($2,000,000.00) each occurrence for bodily injury and public property damage combined, Two Million Dollars ($2,000,000.00) annual general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operations annual aggregate. Tenant's liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS policy or policies shall: ($500,000i) / ONE MILLION DOLLARS ($1,000,000) per injury include premises and accidentoperations liability coverage, respectively; products and completed operations liability coverage, broad form property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in coverage including completed operations, blanket contractual liability coverage including, to the maximum amount permitted under Florida law. Landlord may require such insurance extent possible, coverage to be increased after for the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability indemnification obligations of Tenant under this Lease, and personal and advertising injury coverage; (ii) provide that the insurance company has the duty to defend all insureds under the policy; (iii) provide that defense costs are paid in addition to and do not deplete any of the policy limits; (iv) cover liabilities arising out of or incurred in connection with Tenant's use or occupancy of the Premises or the Property; (v) extend coverage to cover liability for the actions of Tenant's Representatives and Visitors; and (vi) designate separate limits for the Property. In Each policy of liability insurance required by this Section shall: (i) contain a cross liability endorsement or separation of insureds clause; (ii) provide that any waiver of subrogation rights or release prior to a loss does not void coverage; (iii) provide that it is primary to and not contributing with, any policy of insurance carried by Landlord covering the event same loss; (iv) provide that Tenant any failure to comply with the reporting provisions shall fail not affect coverage provided to obtain or maintain Landlord, its partners, property managers and Mortgagees; and (v) name Landlord, its partners, the Property Manager identified in full force the Basic Lease Information (the "Property Manager"), and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers such other parties in interest as Landlord may deem properfrom time to time reasonably designate to Tenant in writing, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand insureds. Such additional insureds shall be provided at least the same extent of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable as is provided to Tenant for any insufficiency or failure of coverage with regard to under such insurance or any loss to Tenant occasioned thereby, and additionally, policies. All endorsements effecting such additional insured status shall be at least as broad as additional insured endorsement form number CG 20 11 11 85 promulgated by the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceInsurance Services Office.

Appears in 3 contracts

Samples: Lease Agreement (Blue Martini Software Inc), Part of Lease Agreement (Talk City Inc), Lease Agreement (Trintech Group PLC)

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida Arizona law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida Arizona and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 3 contracts

Samples: Lease (Radiation Therapy Services Holdings, Inc.), To Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Inc)

Liability Insurance. Tenant shallshall maintain one or more policies of commercial general liability insurance against claims for bodily injury or death and property damage occurring or resulting from any occurrence in or upon the Leased Property, during in standard form and with an insurance company or companies rated by the entire term hereofA.M. Best Company of Oldwick, keep in full force New Jersey as having a policyholder's rating of A or better and effect a reported financial information rating of X or better, such insurance to afford immediate protection, to the aggregate limit of not less than $10,000,000 combined single limit for bodily injury and public property damage in respect of any one accident or occurrence, with not more than $1,000,000 (or such other amount as Landlord and Tenant may agree upon in writing from time to time) self-insured retention. Such commercial general liability insurance shall include blanket contractual liability coverage which insures contractual liability under the indemnifications set forth in an this Lease (other than the indemnifications set forth in Paragraph 12 concerning environmental matters), but such coverage or the amount thereof shall in no way limit such indemnifications. The policy evidencing such insurance shall name as additional insureds Landlord and all Participants of which Tenant has been notified (including Landlord's Parent and the Participants). Tenant shall maintain with respect to each policy or agreement evidencing such commercial general liability insurance such endorsements as may be reasonably required by Landlord and shall at all times deliver and maintain with Landlord written confirmation (in form satisfactory to Landlord) with respect to such insurance from the applicable insurer or its authorized agent, which confirmation must provide that insurance coverage will not be canceled or reduced without at least ten (10) days notice to Landlord. Not less than FIVE HUNDRED THOUSAND DOLLARS five ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (205) days prior notice. The insurance shall be in an insurance company licensed by to the State expiration date of Florida and a copy of the each policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunderpursuant to this subparagraph, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold deliver to Landlord harmless from any loss a certificate evidencing a paid renewal policy or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.policies. (aa)

Appears in 3 contracts

Samples: Lease Agreement (3com Corp), Lease Agreement (3com Corp), Lease Agreement (3com Corp)

Liability Insurance. Tenant shall, At all times during the entire term hereofTerm, keep Tenant shall obtain at Tenant's sole cost and expense a policy or policies of comprehensive general liability insurance on an "occurrence" basis against claims for "personal injury" liability, including, without limitation, bodily injury, death or property damage liability. The liability insurance policy shall contain coverage limits no less than a combined single limit of $5,000,000 per occurrence. The insurance may be furnished under a "primary" policy and an "umbrella" policy or policies. Landlord shall be named as an additional insured under Tenant's policy and Tenant's policy shall contain an endorsement for cross-liability coverage. Tenant shall furnish Landlord with certificates from Tenant's insurers with respect to the insurance required to be carried hereunder on or before the date of execution of this Lease. The certificates shall state that such insurance is in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance that coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance be cancelled without first giving the Landlord twenty (20) days' prior written notice to Landlord. Renewal certificates shall be furnished to Landlord not less than thirty (30) days prior noticeto the expiration of each such policy. The Any blanket insurance policy or policies that insure Tenant against the risks and for the amounts herein specified shall be deemed to satisfy the obligation of Tenant hereunder, provided that any such policy of blanket insurance shall specify the amount of the total insurance allocated to the risks required to be in insured hereunder and such allocated amount meets the requirements of this Article 7. All insurance required by this Article 7 shall be with an insurance company licensed by to do business in the State of Florida California with a general policyholder's rating, as rated by the most current available "Bests" Insurance Reports, no less than A-III, and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force primary and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancenon-contributing.

Appears in 3 contracts

Samples: Ground Lease (Cisco Systems Inc), Ground Lease (Cisco Systems Inc), Lease (Cisco Systems Inc)

Liability Insurance. 22.1.2.1 Comprehensive General Liability Insurance insuring Tenant shallon the current ISO CG 00 01 occurrence form or any equivalent reasonably acceptable to Landlord against any liability arising out of the lease, during use, occupancy or maintenance of the entire term hereofPremises, keep the Building or the Project, or any portion of the foregoing. Such insurance: (i) shall be in full force and effect bodily injury and public liability insurance in an the amount of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) 2,000,000 per injury occurrence and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum aggregate, (ii) shall be endorsed to have the aggregate apply on a per location basis, (iii) shall cover injury to or death of one or more persons and damage to tangible property (including loss of use), and (iv) shall include blanket contractual liability, broad form damage, personal & advertising injury with a separate limit, products completed operations, with a separate aggregate, host liquor liability and owned and non-owned automobile coverage. The limits of liability can be provided in a combination of a Commercial General Liability policy and an Umbrella Liability policy. The policy shall not include any exclusions or limitations other than those incorporated in the standard form. Such liability amount permitted under Florida lawshall be adjusted from year to year to reflect increases, if any, consistent with increases charged by landlords of Comparable Buildings. Landlord may require such insurance coverage to be increased after The policy shall insure the first five years hazards of the term Premises and Tenant’s operations thereon, independent contractors, contractual liability (covering the Tenant’s indemnity obligations contained in Article 20 hereof) and shall: (i) name Landlord and any other persons designated by Landlord and having an insurable interest in the Premises or the Project as additional insureds using ISO additional insured endorsement CG 20 11 or an equivalent acceptable to Landlord, (ii) contain a cross liability provision, and (iii) contain a provision that the insurance provided to Landlord thereunder shall be primary and noncontributing with any other insurance available to Landlord. In addition to any insurance required of this LeaseTenant, provided that such increase Tenant shall not secure, pay for and maintain, or cause its contractors and sub-contractors to secure, pay for and maintain liability insurance during any construction of Tenant Improvements or Alterations (or other work in the required Premises) at a minimum equal to the limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsliability required by Tenant. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, Such contractors and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The sub-contractors insurance shall be in an insurance company licensed by the State of Florida on a primary and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancenon-contributory basis.

Appears in 3 contracts

Samples: Office Building Lease (Cirius Therapeutics, Inc.), Office Building Lease (Cirius Therapeutics, Inc.), Office Building Lease (Cirius Therapeutics, Inc.)

Liability Insurance. Tenant shallshall maintain, from the Effective Date of this Lease and during the entire term hereofof this Lease and any extension thereof, keep in full force and effect bodily injury and a commercial general liability policy of public liability and property damage insurance in an amount insuring the Property against any and all claims for personal injury, including property damage in, on or about the Leased Premises with a combined single limit per occurrence of not less than FIVE HUNDRED THOUSAND DOLLARS Ten Million ($500,00010,000,000.00) / ONE MILLION DOLLARS Dollars, provided, however, if the premium for the liability insurance hereunder shall exceed six percent (6%) of the average total gross revenues of the last three ski seasons of Tenant, then Tenant shall maintain an amount of liability insurance which Five Hundred Thousand ($1,000,000500,000.00) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years Dollars of premium would purchase or 6% of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsgross revenues whichever is greater. The policy(s) Such policy shall name Landlord and Landlord’s mortgagee, if any, (and any person, firms or corporations designated by Landlord, and Tenant Leasehold Mortgagee at its request) as additional insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty Landlord, Landlord’s Mortgagee, or any Leasehold Mortgagee, thirty (2030) days prior written notice. The insurance deductible on the aforesaid policy shall be in an no less than Twenty-Five Thousand ($25,000.00) Dollars. The insurance company licensed by of Tenant shall be rated A or better on the State of Florida A. M. Best rating and shall be a copy of company doing business in Pennsylvania. The primary limit for the policy or a certificate of insurance shall be delivered One Million Dollars at all times. The excess limit shall be Nine Million Dollars. All policies shall be on an occurrence basis not on a claims made basis. All policies shall name Landlord or Landlord’s Mortgagee as an additional insureds. All policies shall name any Planned Community, Homeowner’s Association, Condominium Project or Condominium Association whose property is effected by this Lease or any easements, rights of way, roads, or utilities rights in favor of Tenant as additional insured. All changes in coverage, limits and/or carriers are to be approved by Landlord at least sixty (60) days prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancechange.

Appears in 2 contracts

Samples: Lease (Peak Resorts Inc), Lease (Peak Resorts Inc)

Liability Insurance. Tenant shallshall obtain, during prior to entering onto the entire term hereofPremises, keep a standard “owner’s, landlord’s and tenant’s” insurance policy from a solvent insurance company authorized and licensed to issue such policies in full force the State of North Carolina, approved by Landlord, insuring against loss, damage or liability for injury to or death of persons and effect loss or damage to property occurring from any cause whatsoever in, upon or about the Premises which coverage shall include commercial liability coverage, and if Tenant serves or sells alcoholic beverages in or from the Premises, liquor liability coverage. Such liability insurance shall be in amounts of not less than One Million and NO/100—Dollars ($1,000,000.00) combined single limit for bodily injury and public liability insurance in an amount property damage with a per occurrence aggregate of not less than FIVE HUNDRED THOUSAND DOLLARS Two Million and NO/100—Dollars ($500,0002,000,000.00) / ONE MILLION DOLLARS and Two Hundred Fifty Thousand Dollars ($1,000,000250,000.00) per injury for damage to property. Tenant and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS Landlord shall be the named insureds ($100,000); and workerat Landlord’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, option any personother persons, firms or corporations designated by Landlord, Landlord shall be additional named insureds) and shall thereafter maintain such a policy of insurance in force until the termination of this Lease; and Tenant as insured, and shall furnish Landlord a copy of each such policy within fifteen (15) days after its issuance. Tenant shall pay all premiums coming due on said insurance. Landlord shall be named an insured in said policy although Tenants’ interest may also be insured in such policy when permissible. Each such policy shall contain a clause that an agreement by the insurer that it will not cancel or change terminate the insurance policy or reduce the limits or amounts of the policy without first giving the having given to Landlord twenty (20) days days’ written notice of its intention to do so. Tenant shall pay the initial premium on such insurance policy prior notice. The insurance shall be in an insurance company licensed by to or upon the State of Florida and a copy commencement of the policy or a certificate term of insurance this Lease and shall be delivered deliver to Landlord prior to a written receipt showing payment of the premium thereon within fifteen (15) days after the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall thereafter pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable premiums necessary to Tenant for any insufficiency or failure of coverage with regard to keep such insurance or any loss to Tenant occasioned thereby, in force and additionally, shall furnish Landlord a written receipt showing payment thereof within fifteen (15) days after the procurement of such insurance by Landlord same shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancehave become due.

Appears in 2 contracts

Samples: Ground Lease Agreement, Ground Lease Agreement (Oak Ridge Financial Services, Inc.)

Liability Insurance. (a) Tenant shall, during the entire term hereof, shall obtain and keep in full force and effect bodily injury (i) an “all risk” insurance policy for all improvements made by Tenant to the Premises (including, without limitation, Tenant’s Work) and public Tenant’s property at the Premises, and (ii) a policy of commercial general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in on an amount not less than ONE HUNDRED THOUSAND DOLLARS occurrence basis, with a broad form contractual liability endorsement. Such policies shall provide that Tenant is named as the insured. Landlord, Landlord’s managing agent and any mortgagees ($100,000); and worker’s compensation whose names shall have been furnished to Tenant by Landlord) shall be named as additional insured, as their respective interests may appear with respect to the insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage required to be increased after carried pursuant to clause (i) above, and to the first five years extent of the term of this Lease, provided that such increase named insured’s negligence with respect to the insurance required to be carried pursuant to clause (ii) above. Such policy with respect to clause (ii) above shall not cause include a provision under which the required limits of coverage insurer agrees to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name indemnify and hold Landlord, any personLandlord’s managing agent, firms or corporations designated by Landlord’s agent and such lessors and mortgagees harmless from and against, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered subject to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability set forth in this Article 13(a), all cost, expense and liability arising out of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlordbased upon, any and all premiumsclaims, costsaccidents, charges injuries and expenses incurred damages mentioned in Article 38(c) hereof. In addition, the policy required to be carried pursuant to clause (ii) above shall contain a provision that (a) no act or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required omission of Tenant hereundershall affect or limit the obligation of the insurer to pay the amount of any covered loss sustained, and (b) the policy shall provide that Landlord shall receive at least thirty (30) days’ written notice of any-cancellation thereof. The policy required pursuant to this Article 13 shall be for a combined single limit with respect to each occurrence in no manner an amount of $1,000,000 (and a minimum umbrella limit of $5,000,000) for injury (or death) to personal and damage to property, which amount may be liable increased (not more frequently than one (1) time in every three (3) years) to that amount of insurance which in Landlord’s reasonable judgment is then being customarily required by prudent landlords of first class demised premises in New Haven County of tenants having substantially similar office or ancillary uses to those of Tenant. All insurance required to be carried by Tenant for pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers licensed to do business in the State of Connecticut, and rated in Best’s Insurance Guide, or any insufficiency successor thereto (or if there be none, an organization having a national reputation) as having a general policy holder rating of “A” and a financial rating of at least “XIII”. No failure on Tenant’s part to maintain any of coverage with regard the insurance required pursuant to this Article 13 shall vitiate Tenant’s liability to indemnify Landlord and all other parties named herein as additional insureds from and against all claims, damages, loss, liability and expense which would otherwise have been covered by such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancecoverage.

Appears in 2 contracts

Samples: Lease (Surgiquest Inc), Lease (Surgiquest Inc)

Liability Insurance. Tenant shall, during the entire term hereofLease Term, keep in full force and effect a policy of public liability and property damage insurance with respect to the Premises and the business operated by Tenant in the Premises, with a combined single limit for personal or bodily injury and public liability insurance in an amount property damage of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS One Million Dollars ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) policy shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and Landlord as an additional insured and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty thirty (2030) days prior days' written notice. The insurance shall be in provided by an insurance company licensed approved by the State of Florida Landlord and a copy of the policy or a certificate of insurance shall be delivered to Landlord. All public liability, property damage and other liability policies shall be written as primary policies, not contributing with and not in excess of coverage which Landlord prior may carry. All such policies shall contain a provision that Landlord, although named as an additional insured, shall nevertheless be entitled to the commencement recover under said policies for any loss occasioned to Landlord, Landlord's employees and/or agents by reason of the term negligence of this LeaseTenant. In no event All such insurance shall specifically insure the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained performance by Tenant under this Lease, Landlord may procure same from of the indemnity agreement as to liability for injury to or death of persons or injury or damage to property as contained in Section 20. Any insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand (whether liability or casualty) required by the terms of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance be carried by Tenant may be carried under a blanket policy (or policies) covering other properties of Tenant or its related or affiliated corporations, or both; provided, however, that Tenant provide Landlord evidence reasonably satisfactory to Landlord that (a) Landlord is named as an additional insured on such policy or policies and (b) the coverage in under such policy or policies is sufficient to cover the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancelimits required herein.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Egghead Inc /Wa/), Lease Agreement (Software Spectrum Inc)

Liability Insurance. Tenant at all times during the Lease Term shall, during the entire term hereofat its own expense, keep in full force and effect bodily injury and public comprehensive general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS with “personal injury” coverage and contractual liability coverage, within minimum limits of Two Million and No/100 Dollars ($500,0002,000,000.00) / ONE MILLION DOLLARS on account of bodily injuries to, or death of, one or more than one person as the result of any one accident or occurrence and Five Hundred Thousand and No/100 Dollars ($1,000,000500,000.00) per injury and accident, respectively; on account of damage to property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in as the maximum amount permitted under Florida lawresult of any one accident or occurrence. Landlord may require and Landlord’s lenders shall be named as additional insureds on such policy, and such policy shall provide that (i) such insurance coverage to shall be increased after the first five years of the term of this Lease, provided that such increase primary and shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(scontribute with any insurance carried by Landlord and (ii) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving company issuing the same shall notify Landlord twenty thirty (2030) days prior notice. The insurance shall be in an insurance company licensed by to the State of Florida and a copy expiration date of the policy or a certificate of insurance shall be delivered to Landlord if the policy is not renewed prior to the commencement of the term of this Leasesuch date. In no event shall the limits of said All insurance policies be considered as limiting or duly executed certificates for the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage same required to be obtained carried by Tenant under this Lease, together with satisfactory evidence of the payment of the premiums thereof, shall be deposited with Landlord on the date Tenant first occupies the Leased Premises and upon renewals of such policies not less than fifteen (15) days prior to the expiration of the term of the same. All insurance required to be carried by Tenant under this Lease shall be in form and content, and written by insurers, reasonably acceptable to Landlord. If Tenant shall fail to comply with any of the requirements contained herein relating to insurance, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for obtain such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay to Landlord, on demand, as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant rent hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure one hundred fifteen percent (115%) of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancepremium cost thereof.

Appears in 2 contracts

Samples: Office Lease (Pc Connection Inc), Office Lease (Pc Connection Inc)

Liability Insurance. Tenant shallLessee, at its sole cost and expense, shall maintain during the entire term hereof, keep in full force and effect bodily injury and public hereof comprehensive (commercial) general liability insurance on an "occurrence basis" against claims for "personal injury", including without limitation bodily injury, death and/or damage, occurring upon, in an amount or about the Premises in a combined single limit or not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) 1,000,000 per injury occurrence and accident, respectively; property damage insurance in an amount not with policy aggregate limit of no less than ONE HUNDRED THOUSAND DOLLARS $2,000,000 (or such higher amounts thereof as may be reasonably requested by Lessor not to exceed a policy aggregate limit of $100,0005,000,000 from time to time during this Lease). Said insurance shall name Lessor as an additional insured; shall be written by companies and in form satisfactory to Lessor (which companies shall be authorized to do business in California); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage shall apply primary to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, other comparable liability coverage; and shall contain a clause that an endorsement requiring thirty (30) days' prior written notice sent by certified or registered mail, return receipt requested, to Lessor at the address set forth below, or such other address as may be provided to any such insurer will not cancel by Lessor, before cancellation thereof or change in the coverage, scope or amount of such policy or policies. Lessee shall provide Lessor with a Certificate of Insurance as evidence of such insurance without first giving the Landlord within twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate date of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail Lessee fails to obtain or maintain such insurance as provided in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord Lessor may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for obtain any such insurance coverage may have been obtained from another insurance carrierinsurance, and Tenant the cost thereof shall pay be paid by Lessee as additional rent, upon demand rent with the first payment of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining rent which is due subsequent to Lessor's incurring such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned therebycost, and additionally, Lessor shall have all remedies to collect the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage same as rent in the types Lease provided, and/or as otherwise provided by law for the collection of rent. The policy shall contain "cross-liability" or "separation of insureds" coverage and amounts herein specifiedshall insure performance by Lessee of the indemnity provisions of this Paragraph 8. The limits of said insurance shall not, and Tenant however, limit the liability of Lessee hereunder. In the event that the Premises constitutes a part of a larger property, said insurance shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancehave a Lessor's Protective Liability endorsement attached thereto.

Appears in 2 contracts

Samples: Digital Domain, Digital Domain

Liability Insurance. Tenant shall, during the entire term hereofat Tenant's expense, obtain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of during the term of this Lease, provided that such increase shall not cause the required limits Lease a policy of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(scommercial general liability insurance insuring Landlord (as an additional insured) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insuredagainst claims and liabilities arising out of the operation, and maintenance, use, or occupancy of the Premises. Such insurance shall provide combined single limit coverage of not less than Three Million Dollars ($3,000,000.00) per occurrence. Such liability insurance shall contain a clause that contractual liability endorsement. Landlord shall have the insurer will not cancel or change right to require Tenant to increase the amount of coverage of such commercial general liability insurance without first giving to the extent reasonably necessary to bring such insurance coverage into conformity with the level of coverage commonly carried by similar businesses in California, which right Landlord twenty may exercise no more frequently than once every three (203) days prior noticeyears during the lease term. The insurance shall be in an insurance company licensed provided by companies with a Best's Insurance Guide rating of at least A- VIII or higher. Tenant shall deliver to Landlord, prior to possession, and at least thirty (30) days prior to the State of Florida and a copy of the policy or expiration thereof, a certificate of insurance evidencing the existence of the policy required hereunder and such certificate shall certify that the policy (1) names Landlord as an additional insured, (2) shall not be canceled without thirty (30) days prior written notice to Landlord, (3) insures contractual liability, (4) the coverage is primary and any coverage by Landlord is in excess thereto and (5) contains a cross-liability endorsement. The preceding to the contrary notwithstanding, Landlord agrees that the original Tenant hereunder, Cisco Systems, Inc., may "self insure" against the claims, liabilities, damages, injuries and losses described in Subparagraph 10(b) above so long as Cisco Systems, Inc. has a net worth of not less than Five Hundred Million Dollars ($500,000,000), and the parties hereto agree that such self-insurance shall be delivered primary. The right to Landlord prior so self insure shall apply only to the commencement original Tenant hereunder and shall not apply to any assignee of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Leasesuch original Tenant. In the event the premiums for Landlord's liability insurance are increased by reason of Tenant's self-insurance (whether because of the parties' agreement that the original Tenant hereunder may self-insure or because of claims made or defense undertaken or proceeds paid under Landlord's liability policy which would not have otherwise occurred if Tenant had maintained a policy of liability insurance in accordance with the provisions of Subparagraph 10(b) above), Tenant agrees to pay promptly following demand and receipt of a statement of such increase, but in no event later than fifteen days after such demand and as Additional Rent, the amount of any such increase. The provisions of the immediately preceding sentence shall fail survive termination of this Lease with respect to obtain any increase in Landlord's insurance premiums attributable to Tenant's self-insurance. Landlord shall maintain a policy or maintain in full force policies of comprehensive general liability insurance insuring Landlord (and effect any insurance such others as are designated by Landlord), against liability for personal injury, bodily injury, death and damage to property occurring or resulting from an occurrence in, on or about the Premises and the Common Areas, with such limits of coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem properfrom time to time determine are reasonably necessary for its protection. Tenant shall, irrespective that a lesser premium as Additional Rent, reimburse Landlord for the cost of any such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand policy within thirty (30) days after receipt of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancebilling.

Appears in 2 contracts

Samples: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)

Liability Insurance. Tenant shall, at its sole cost and expense shall maintain during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this LeaseLease public liability, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlordproperty damage and products and completed operations liability insurance, any personinsuring Tenant and Tenant's employees and authorized representatives against all bodily injury, firms or corporations designated by Landlordproperty damage, personal injury, and Tenant other loss or liability connected with Tenant's maintenance, occupation and use of the Premises under this Lease in amounts not less than $1,000,000.00 per occurrence, $2,000,000.00 annual aggregate bodily injury and property damage combined single limit as insured, a result of any accident or incident. Both public liability insurance and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The property damage insurance shall be in an insurance company licensed insure performance by the State of Florida and a copy Tenant of the policy or a certificate indemnity provision of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall sub-paragraph (e) below, but the limits of said such insurance policies be considered as limiting shall not, however, limit the liability of Tenant under this Leasehereunder. Both Landlord and Tenant shall be named as additional insureds, and the policies shall contain cross-liability endorsements. If Tenant shall fail to procure and maintain such insurance the Landlord may, but shall not be required to, procure and maintain same at the expense of Tenant and the cost thereof, together with interest thereon at the rate of ten (10%) percent per annum, shall become due and payable as additional rental to Landlord together with Tenant's next rental installment. Tenant shall deliver copies of said policies to Landlord within ten (10) days of their issuance, and shall not cancel or modify same without first providing thirty (30) days notice to Landlord. In the event that Tenant shall fail to obtain Landlord determines, in Landlord's reasonable judgement, that the limits of public liability, property damage, or maintain in full force and effect any products liability insurance coverage required to be obtained then carried by Tenant under this Leaseare materially less than the amount or type of insurance typically carried by owners or tenants of properties located in the same county in which the Premises are located, which are similar to and operated for similar business purposes a the Premises, Landlord may procure same from insurance carriers as elect to require Tenant to increase the amount of specific coverage, change the type of policy carried, or both. If Landlord may deem properso elects, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand be notified in writing of the specific change in policy amount or type required and shall have 30 days after the date of Landlord's notice to effect the change in amount or type of policy. Unless otherwise agreed by Landlord and Tenant, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations adjustment under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancesection may be made not more than every year.

Appears in 2 contracts

Samples: Easyriders Inc, Easyriders Inc

Liability Insurance. Tenant shallTenant, at Tenant's expense, agrees to keep in force during the entire term hereof, keep in full force and effect bodily injury and public Term of this Lease a policy of comprehensive general liability insurance for bodily injury, personal injury, and property damage (including loss of use of property) occurring in an or arising out of the use or occupancy of the Premises or the Complex including parking and landscaped areas in the amount not less than FIVE HUNDRED THOUSAND DOLLARS of Two Million Dollars ($500,000) / ONE MILLION DOLLARS ($1,000,0002,000,000) per injury occurrence and accidentshall be subject to periodic increase based upon inflation, respectively; property damage increased liability awards, recommendation of Landlord's professional insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); advisers and worker’s compensation other relevant factors. Such insurance in the maximum amount permitted under Florida lawshall be primary and non- contributing as respects any insurance carried by Landlord. Landlord may require The policy or policies effecting such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant Landlord as insuredan additional insured (Form CG 2011- 1/96), and shall contain a clause that insure any liability of Landlord, contingent or otherwise, as respects acts or omissions of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in or about or concerning the insurer will not cancel Premises or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance Complex including any failure of Tenant to observe or perform any of its obligations hereunder; shall be in issued by an insurance company licensed by admitted to transact business in the State of Florida California; and a copy shall provide that the insurance effected thereby shall not be canceled or reduced, except upon thirty (30) days' prior written notice to Landlord. Should any of the policy above policies be canceled before the expiration date thereof, the issuing company will mail (30) days written notice to the Certificate Holder. The phrases, "endeavor to" and "but failure to mail such notice shall impose no obligation or a liability of any kind upon the company, its agents or its representatives" are unacceptable. A certificate of insurance shall be delivered to Landlord prior to the commencement within ten (10) days after Tenant takes possession of the term Premises, Tenant shall provide Landlord with evidence of this Leaserenewal of insurance as appropriate within ten (10) days of the expiration of the underlying policy. In no event shall the limits of said insurance policies be considered as limiting the liability of If Tenant fails to deliver any policy, certificate or renewal to Landlord required under this Lease. In Lease within the event that Tenant shall fail to obtain prescribed time frame or maintain in full force and effect if any insurance coverage required to be obtained by Tenant under this Leasepolicy is canceled or modified during the Lease term without Landlord's consent, Landlord may procure same from insurance carriers as obtain such insurance, in which case Tenant shall reimburse Landlord may deem proper, irrespective that a lesser premium for the cost of such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand within fifteen (15) days after rcoeipt of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining a statement which indicates the cost of such insurance. Notwithstanding shall procure Lessee must place insurance coverage required with a company with a current A. M. Best's rating of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceless than A. VII.

Appears in 2 contracts

Samples: Lease Agreement (Telomolecular Corp), Lease Agreement (Telomolecular Corp)

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force Borrower shall carry and effect bodily injury and public maintain such commercial general liability insurance in an adequate amount as may from time to time be required by Lender in order to protect its interest, all to the extent generally required, and with deductibles as are generally required with respect to properties similar to the Property which are located in Cincinnati, Ohio, taking into consideration the type of property being insured and the corresponding liability exposure, on forms, with deductibles, in amounts and with such company or companies licensed to do business in the State and as may be acceptable to Lender. All such commercial general liability insurance shall be underwritten with a company or companies which have and maintain a rating equivalent to at least A-:VIII as shown in the most recent Best's Key Rating Guide. The original policy or policies and all renewals thereof are hereby assigned to Lender as additional security for the Loan. Borrower shall provide Lender evidence of liability insurance and an additional insured endorsement for general liability insurance. Such policy or policies of insurance shall name Lender as an additional insured and shall provide for not less than FIVE HUNDRED THOUSAND DOLLARS thirty ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (2030) days prior notice. The insurance shall be in an insurance company licensed by the State Written Notice to Lender of Florida and a copy of any intent to modify, cancel, non-renew or terminate the policy or a certificate policies or the expiration of insurance shall be delivered such policy or policies of insurance, or the exclusion of any individual risk such as acts of terrorism. Not later than the expiration dates of each policy or policies required of Borrower hereunder, Borrower will deliver to Landlord prior Lender evidence of renewal accompanied by other evidence of payment and renewal satisfactory to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this LeaseLender. In the event that Tenant shall fail of foreclosure of this Mortgage or other transfer of title to obtain the Property in extinguishment of the Loan, all right, title and interest of Borrower in and to any rights to unearned premiums, and in and to insurance proceeds then payable from any prior covered claims or maintain in full force and effect events under any insurance coverage policies in force on or prior to the date of transfer, shall pass to the purchaser or grantee. In case of Borrower's failure to keep the Property properly insured as required to herein, Lender, its successors or assigns, may, at its option (but shall not be obtained by Tenant under this Leaserequired to), Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for acquire such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceat Borrower's sole expense.

Appears in 2 contracts

Samples: Open End Mortgage and Security Agreement (Hines Global Reit Ii, Inc.), Open End Mortgage and Security Agreement (Hines Global Reit Ii, Inc.)

Liability Insurance. Tenant shallLessee, at its sole cost and expense, shall maintain during the entire term hereof, keep in full force and effect bodily injury and public hereof comprehensive (commercial) general liability insurance on an “occurrence basis” against claims for “personal injury”, including without limitation bodily injury, death and/or damage, occurring upon, in an amount or about the Premises in a combined single limit or not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) 1,000,000 per injury occurrence and accident, respectively; property damage insurance in an amount not with policy aggregate limit of no less than ONE HUNDRED THOUSAND DOLLARS $2,000,000 (or such higher amounts thereof as may be reasonably requested by Lessor not to exceed a policy aggregate limit of $100,0005,000,000 from time to time during this Lease). Said insurance shall name Lessor as an additional insured; shall be written by companies and in form satisfactory to Lessor (which companies shall be authorized to do business in California); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage shall apply primary to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, other comparable liability coverage; and shall contain a clause that an endorsement requiring thirty (30) days' prior written notice sent by certified or registered mail, return receipt requested, to Lessor at the address set forth below, or such other address as may be provided to any such insurer will not cancel by Lessor, before cancellation thereof or change in the insurance without first giving the Landlord coverage, scope or amount of such policy or policies. Lessee shall provide Lessor with a Certificate of Insurance as evidence of such Insurance within twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate date of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail Lessee fails to obtain or maintain such insurance as provided in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord Lessor may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for obtain any such insurance coverage may have been obtained from another insurance carrierinsurance, and Tenant the cost thereof shall pay be paid by Lessee as additional rent, upon demand rent with the first payment of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining rent which is due subsequent to Lessor's incurring such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned therebycost, and additionally, Lessor shall have all remedies to collect the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage same as rent in the types Lease provided, and/or as otherwise provided by law for the collection of rent. The policy shall contain “cross-liability” or “separation of insureds” coverage and amounts herein specifiedshall insure performance by Lessee of the indemnity provisions of this Paragraph 8. The limits of said Insurance shall not, and Tenant however, limit the liability of Lessee hereunder. In the event that the Premises constitutes a part of a larger property, said insurance shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancehave a Lessor's Protective Liability endorsement attached thereto. Deleted.

Appears in 2 contracts

Samples: Digital Domain Media Group, Inc., Digital Domain

Liability Insurance. Tenant shallshall obtain, during at its own expense, comprehensive general liability insurance coverage, including blanket contractual coverage, against claims for or arising out of bodily injury, death or property damage occurring in, on or about the entire term hereofPremises, keep which policy or policies shall name Landlord as an additional insured. The policy may be either a dual limit policy in full force the amounts of $1,000,000 per person and effect $1,000,000 per occurrence for bodily injury and public liability insurance $1,000,000 per occurrence for property damage or a single limit policy in an the amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS (of $1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require that the limits of such insurance coverage to be increased after the first five years in reasonably appropriate amounts as may be determined by Landlord or any mortgagee of the term of this LeaseBuilding; provided, provided however, that such increase shall not cause the required limits amount of coverage will not be increased more frequently than at one (1) year intervals. Such policy shall be issued by an insurance company reasonably acceptable to exceed those then commonly prevailing in the marketplace for similar situationsLandlord. The policy(spolicy procured by Tenant under this Subsection 8.01 must provide for at least thirty (30) days written notice to Landlord of any cancellation. On or before the Commencement Date, Tenant shall name deliver to Landlord, any personat Landlord’s option, firms a certificate of insurance or corporations designated by Landlorda certified copy of the original policy, and together with receipts evidencing payment of the premiums therefore. Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the deliver certificates of renewal for such policies to Landlord twenty at least thirty (2030) days prior noticeto the expiration dates thereof. The insurance shall provided by Tenant under this Subsection 8.01 may be in an the form of a blanket insurance company licensed by policy covering other properties as well as the State of Florida and Premises; provided, however, that Tenant must furnish Landlord with a copy written statement from the insurer(s) under such policy or policies which statement shall (i) specify the policy limits of the policy or a certificate policies, (ii) state that the Premises and this Lease are covered by such policy or policies and (iii) state the amount of total insurance shall be delivered to Landlord prior allocated to the commencement Premises; provided, further, that any such policy or policies of blanket insurance must, as to the term Premises, otherwise comply as to insurance amounts, endorsements, notice of cancellation and coverage with the other provisions of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceSubsection 8.01.

Appears in 2 contracts

Samples: A Lease Agreement (Aastrom Biosciences Inc), Standard Lease Summary (Aastrom Biosciences Inc)

Liability Insurance. Tenant shall, during the entire term hereofat its own cost and expense, keep and maintain in full force and effect bodily injury and public during the Lease Term a policy of commercial general liability insurance in an amount insuring Tenant's activities with respect to the Leased Premises and the Building against loss, damage or liability for personal injury or death or loss or damage to property with a limit of not less than FIVE HUNDRED THOUSAND DOLLARS Two Million Dollars ($500,0002,000,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentcombined single limit for policies without a general aggregate limit. For such policies with a general aggregate limit, respectively; property damage insurance in an amount such aggregate limit shall be not less than ONE HUNDRED THOUSAND DOLLARS Five Million Dollars ($100,0005,000,000) and include an endorsement providing that the foregoing limit shall apply per location, including the Leased Premises, and have an occurrence limit not less than Two Million Dollars ($2,000,000); and worker’s compensation insurance . In the event Tenant obtains a policy with a general aggregate limit, Tenant shall immediately notify Landlord if claims covered by such policy or policies at any time are made against Tenant, which claims exceed fifty percent (50%) or more of the aggregate limit. Notwithstanding the foregoing, if during the Lease Term, in Landlord's reasonable judgment, the maximum amount permitted under Florida law. policy limits required hereunder are no longer adequate to provide reasonable protection to Landlord, Landlord may require notify Tenant of such inadequacy and an appropriate level of coverage and Tenant, within thirty (30) days of receiving such a notice, shall obtain such additional amounts of insurance coverage and provide Landlord with satisfactory evidence thereof. Reference may be made to policy amounts required by other landlords for similar space and operations in determining what is reasonable protection hereunder. The insurance required under this Section shall be increased after the first five years of the term of this Lease, provided with companies rated A-VII or better in Best's Insurance Guide. The insurance policy shall contain a provision that such increase policy and the coverage evidenced thereby shall not cause the required limits of coverage be primary and noncontributing with respect to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name any policies carried by Landlord, and that any personcoverage carried by Landlord shall be excess insurance. Landlord, firms or corporations and any other parties in interest designated by Landlord, and Tenant shall be named as an additional insured, and . The insurance policy shall contain a clause provision that the insurer will not cancel cancel, materially change or change fail to renew the insurance coverage provided by such policy without first giving the Landlord twenty forty-five (2045) days days' prior written notice. The insurance Tenant shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered deliver to Landlord prior upon the Commencement Date and from time to time thereafter as requested by Landlord copies of all policies of such insurance or certificates thereof showing Landlord as an additional insured and the commencement of the term of this Leaseapplicable policy limits thereof. In no event shall the limits of said insurance such policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 2 contracts

Samples: Eddie Bauer Holdings, Inc., Eddie Bauer Holdings, Inc.

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount Commercial General Liability (CGL) with a limit not less than FIVE HUNDRED THOUSAND DOLLARS three hundred million dollars $300,000,000 each occurrence, three hundred million dollars ($500,000300,000,000) / ONE MILLION DOLLARS ($1,000,000) per injury products and accidentcompleted operations aggregate, respectively; property damage insurance in an amount and a general aggregate limit of not less than ONE HUNDRED THOUSAND DOLLARS three hundred million dollars ($100,000); 300,000,000) providing coverage for bodily injury, property damage, and worker’s compensation personal injury through any combination of primary and excess or umbrella liability insurance in policies with one reinstatement general aggregate limit for the maximum amount permitted under Florida lawperiod of the policy(ies) term. Landlord may require such Such policies must be project-specific with dedicated limits to this to the PROJECT. The CGL insurance must be written on an ISO occurrence form CG 00 01 04 13 or substitute forms providing equivalent coverage. All excess or umbrella policies shall be “follow form” and afford no less coverage than the primary policy. Such CGL shall cover the INDEMNIFIED PARTIES as additional insureds using ISO Additional Insured Endorsement CG 20 26 (or 20 10 accompanied by 20 37 or equivalent forms providing coverage to the additional insured for completed operation losses). Coverage shall be increased after provided to the first five years INDEMNIFIED PARTIES for CLAIMS proximately caused by reason of the term uses authorized by this LEASE and the location and placement of this LeaseRAIL IMPROVEMENTS within the PROPERTY by the associated ENCROACHMENT PERMITS FOR CONSTRUCTION, provided that such increase unless caused by an INDEMNFIED PARTY’s sole or active negligence or willful misconduct. The policy or policies shall not cause be endorsed to remove exclusions pertaining to any railroads. There shall be no endorsement or modification of the required limits CGL limiting the scope of coverage for liability assumed under an insured contract. Completed operations coverage shall extend for as long as there is any exposure to exceed those then commonly prevailing in liability under a statute of repose or any other applicable statute of limitations. If completed operations coverage through the marketplace end of statutory exposure is not commercially available, completed operations coverage shall extend for similar situationsat least ten (10) years from the completion date of the PROJECT. The policy(s) shall name Landlord, any person, firms All excess or corporations designated by Landlord, and Tenant as insured, and umbrella policies shall contain a drop-down clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force of exhaustion of primary limits and effect any insurance provide coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceprimary CGL.

Appears in 2 contracts

Samples: Design and Construction Agreement, Design and Construction Agreement

Liability Insurance. Tenant shall, during the entire term hereof, shall obtain at its own expense and keep in full force and effect bodily injury and public during the Term, a policy of commercial general liability insurance (including, without limitation, insurance covering Tenant's contractual liability under this Lease), under which Tenant is named as the insured, and Landlord, Landlord's managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees specified by Landlord from time to time, are named as additional insureds. Such policy shall contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) days written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than FIVE HUNDRED THOUSAND DOLLARS $5,000,000 for injury ($500,000or death) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentdamage to property or such greater amount as Landlord may, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s from time to time, reasonably require. Tenant shall also maintain at its own expense during the Term a policy of workers' compensation insurance in providing statutory benefits for Tenant's employees and employer's liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the maximum amount permitted under Florida law. Landlord may require such termination of any existing policy, a certificate evidencing the effectiveness of the insurance coverage policies required to be increased after maintained hereunder which shall include the first five years named insured, additional insured, carrier, policy number, limits of liability, effective date, the name of the term insurance agent and its telephone number. Tenant shall provide Landlord with a complete copy of this Lease, provided any such policy upon written request of Landlord. Tenant shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name names Landlord, any personLandlord's managing agent and/or designees specified by Landlord from time to time, firms or corporations designated by Landlordas additional insureds, references the Premises, and Tenant as insured, and guarantees a minimum limit available for the Premises equal to the amount of insurance required to be maintained hereunder. Each policy required hereunder shall contain a clause that the insurer will not cancel or change policy and the coverage evidenced thereby shall be primary with respect to any policies carried by Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance without first giving the Landlord twenty (20) days prior notice. The insurance required under this subsection shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New York, and rated in Best's Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policyholder rating of "A-" and a financial rating of at least "10". In the event that Tenant shall fail fails to obtain or continuously maintain in full force and effect any insurance coverage as required to be obtained by Tenant under this Leasesubsection, Landlord may procure same from insurance carriers as Landlord may deem propermay, irrespective that a lesser premium for at its option and without relieving Tenant of any obligation hereunder, order such insurance coverage may have been obtained from another insurance carrierand pay for the same at the expense of Tenant. In such event, and Tenant shall pay as additional rent, upon demand of repay the amount expended by Landlord, any and all premiumswith interest thereon at the rate set forth in subsection B of Article 19 hereof, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancepromptly following Landlord's written demand therefor.

Appears in 2 contracts

Samples: Agreement of Lease (Predictive Systems Inc), Agreement of Lease (Predictive Systems Inc)

Liability Insurance. 23. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and a policy of public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance with respect to the leased premises, and the business operated by Tenant in an amount the leased premises in which the limit of public liability shall not be less than ONE HUNDRED THOUSAND DOLLARS Two Million ($100,000); 2,000,000.00) Dollars per accident, and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase property damage liability shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsbe less than One Million ($1,000,000.00) Dollars. The policy(s) policy shall, in addition to naming Tenant insured, shall name Landlord, Landlord and any person, firms firms, or corporations designated by LandlordLandlord as additional insureds on primary, and Tenant as insurednon-contributory basis including waiver of subrogation applicable to General Liability & Umbrella/Excess Liability, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty ten (2010) days prior written notice. The insurance shall be in an insurance company licensed approved by the State of Florida Landlord, and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior within ten (10) days after the execution of this Lease. Upon a failure, after demand, of the Tenant to obtain the commencement insurance policy described hereinabove, the Landlord is hereby authorized to obtain a policy of insurance in the limits set forth hereinabove on behalf of the Tenant and the premium for such policy shall be due and payable with the next installment of rent. Tenant agrees that it will not keep, use or offer for sale in or upon the leased premises any article which may be prohibited by the standard form of fire insurance policy. Tenant agrees to pay any increase in premium for fire and extended coverage insurance that may be charged during the term of this Lease. In no event shall Lease on the limits amount of such insurance which may be carried by Landlord on said insurance policies be considered as limiting premises or the liability building of which they are a part, resulting from the type of merchandise sold by Tenant under this Leasein the leased premises, whether or not Landlord has consented to same. In the event the Tenant's occupancy causes any increase in premium of the Landlord's insurance rate and premium, the Tenant agrees to reimburse Landlord to the extent of such increase rate and premium. The Tenant also shall pay in such event any additional premium on the rent insurance policy that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to may be obtained carried by Tenant under this Lease, the Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for its protection against rent loss through fire. Bills for such insurance coverage may have been obtained from another insurance carrier, additional premiums shall be rendered by Landlord and Tenant shall pay be collectible as additional rent. Tenant will indemnify Landlord and save it harmless from and against any kind and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon demand or at the leased premises or any part thereof, or occasioned wholly or in part by any act or omission of LandlordTenant, its agents, contractors, employees, servants, tenants, or concessionaires. In case Landlord shall, without fault on its part, be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all premiums, costs, charges expenses, and expenses reasonable attorney's fees incurred or expended paid by Landlord in obtaining connection with such insurancelitigation. Notwithstanding Tenant shall procure insurance coverage required of Tenant hereunderalso pay all costs, Landlord shall in no manner expenses and reasonable attorney's fees that may be liable to Tenant for any insufficiency incurred or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance paid by Landlord shall not relieve Tenant of its obligations under in enforcing the covenants and agreements in this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLease.

Appears in 2 contracts

Samples: Lease (CVD Equipment Corp), Lease (CVD Equipment Corp)

Liability Insurance. Tenant shall, at Tenant's expense, obtain and keep in force during the entire term hereof, keep in full force and effect bodily injury and Term of this Lease a policy of comprehensive public liability insurance in an amount with limits not less than FIVE HUNDRED THOUSAND DOLLARS $2,000,000, combined single limit, insuring Landlord and Tenant against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto, as their interests may appear. The limit of said insurance shall not, however, limit the liability of the Tenant hereunder. Tenant may carry said insurance under a blanket policy, providing, however, said insurance by Tenant shall have a Landlord's protective liability endorsement attached thereto. If Tenant shall fail to procure and maintain said insurance, Landlord may, but shall not be required to, procure and maintain same, but at the expense of Tenant after notifying Tenant and allowing ten ($500,00010) / ONE MILLION DOLLARS business days. Tenant shall deliver to Landlord prior to occupancy of the Premises certificates evidencing the existence and amounts of such insurance with named insured as their interests may appear. No policy shall be cancelable or subject to reduction of coverage except after thirty ($1,000,00030) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida lawdays' prior written notice to Landlord. Landlord may require such insurance coverage to be increased after shall obtain and keep in force during the first five years of the term Term of this Lease, provided that such increase shall not cause comprehensive public liability insurance on the required limits of coverage to exceed those then commonly prevailing Building, workers' compensation insurance in compliance with Applicable Laws and special form property insurance or all risk property insurance, in the marketplace amount of the full replacement value, on the shell and core of the Building, on the Premises, on all finish items and fixtures in the Premises, whether installed pursuant to the Work Letter or otherwise, and on the Property, from such companies and on such terms and conditions, including loss of rental insurance, as customarily maintained by landlords for similar situationsother commercial buildings in the same geographical area as the Building. Landlord shall deliver to Tenant prior to occupancy of the Premises certificates evidencing the existence and amounts of such insurance with named insured as their interests may appear. The policy(s) shall name costs of Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The 's insurance shall be included in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceOperating Expenses.

Appears in 2 contracts

Samples: Colorado Medtech Inc, Hei Inc

Liability Insurance. Tenant shallWorkers’ compensation insurance, during the entire term hereofemployer’s liability insurance, keep in full force and effect bodily injury and public automobile liability, commercial general liability insurance (including liquor liability) and commercial umbrella or excess liability insurance adequate to protect Tenant and Landlord against liability for injury to or death of any person or damage to property in an amount not less than FIVE HUNDRED THOUSAND DOLLARS (connection with the use, operation or condition of the Premises and Tenant’s Off-Premises Equipment. The limits of liability under the workers’ compensation policy shall be at least equal to the statutory requirements as required by the Texas Workers Compensation Act. The limits of liability under the employer’s liability policy shall be at least $500,000) / ONE MILLION DOLLARS ($1,000,000) 1,000,000.00 per injury and bodily injury, each accident; bodily injury, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000)by disease, each person; and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Leasebodily injury, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsby disease, policy limit. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance commercial general liability policy shall be in an insurance company licensed by amount of not less than $2,000,000.00 per occurrence and in the State aggregate. The automobile liability policy shall be in an amount of Florida and a copy not less than $1,000,000.00 per occurrence. The umbrella/excess policy shall be in an amount of not less than $15,000,000.00. Not more frequently than once each five (5) years, if, in the reasonable opinion of Landlord or Landlord’s mortgagee or of the policy independent insurance broker retained by Landlord, the amount of Tenant’s employer’s liability or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the commercial general liability of Tenant under this Lease. In the event coverage at that time is not adequate, Tenant shall fail to obtain or maintain in full force and effect any increase such liability insurance coverage coverages as reasonably required by Landlord; provided, however, such increases shall not exceed commercially reasonable insurance coverages required to be obtained carried by tenants leasing comparable office space in Comparable Buildings. Furthermore, following Tenant’s construction of an archery range as a Project Amenity (defined below) or similar activity, if, in the reasonable opinion of Landlord or Landlord’s mortgagee or of the independent insurance broker retained by Landlord, the amount of Tenant’s employer’s liability or commercial general liability coverage at that time is not adequate based on the construction and use of the Project Amenity, Tenant under this Leaseshall increase such liability insurance coverages as reasonably required by Landlord, Landlord may procure same from insurance carriers as Landlord may deem properup to $25,000,000. In addition, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carriershould Tenant elect not to prohibit the carrying of any firearms or other weapons on the Project in accordance with Texas law (including concealed, open carry, or both), and if, in the reasonable opinion of Landlord or Landlord’s mortgagee or of the independent insurance broker retained by Landlord, the amount of Tenant’s employer’s liability or commercial general liability coverage at that time is not adequate based on permitting the carrying of firearms or other weapons on the Project, Tenant shall pay increase such liability insurance coverages as additional rent, upon demand of reasonably required by Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 2 contracts

Samples: Office Lease (YETI Holdings, Inc.), Office Lease (YETI Holdings, Inc.)

Liability Insurance. Tenant shallTenant, at Tenant’s expense, agrees to keep in force during the entire term hereof, keep in full force and effect Term of this Lease a policy of commercial general liability insurance with combined single limit coverage of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage occurring in, on or about the Premises, including parking and landscaped areas. Such insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); shall be Initial: DWD/JA primary and worker’s compensation noncontributory as respects any insurance in the maximum amount permitted under Florida lawcarried by Landlord. Landlord may require The policy or policies effecting such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, Rxxxxxx X. Xxxxx, as Trustee of the Rxxxxxx X. Xxxxx Separate Property Trust dated July 20, 1977, as amended; the Rxxxxxx X. Xxxxx Separate Property Trust; Rxxxxxx X. Xxxxx as an individual; Jxxx Xxxxxxxxx, as Trustee under the Jxxx Xxxxxxxxx Survivor’s Trust dated July 20, 1977, as amended; the Jxxx Xxxxxxxxx Survivor’s Trust; Jxxx Xxxxxxxxx, as an individual; and any personbeneficiaries, firms trustees and successor trustees, other partners or corporations designated by Landlord, and Tenant co-venturers of Landlord or said trusts as insuredadditional insureds (collectively “Landlord Entities”), and shall contain a clause insure any liability of the Landlord Entities, contingent or otherwise, as respects acts or omissions of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in or about or concerning the Premises, including any failure of Tenant to observe or perform any of its obligations hereunder; shall be issued by an insurance company authorized to transact business in the State of California; and shall provide that the insurance effected thereby shall not be cancelled, except upon ten (10) business days’ prior written notice to Landlord. The policy shall state that the insurer will not cancel endeavor to mail thirty (30) days’ prior written notice of any such cancellation to Landlord, but failure to do so shall impose no obligation or change liability of any kind upon the insurer. Notwithstanding the foregoing, in the event Tenant is notified by the insurance without first giving the company of such cancellation, Tenant shall provide written notice to Landlord twenty within five (205) days prior noticeof its receipt of such notification. The Tenant’s insurance shall be primary as respects to the Landlord Entities, or if excess, shall stand in an unbroken chain of coverage. In either event, any other insurance company licensed maintained by the State Landlord Entities shall be in excess of Florida Tenant’s insurance and a copy of the policy or shall not be called upon to contribute with any insurance required to be provided by Tenant. The required insurance shall be reflected on a certificate of insurance of said policy, which certificate shall be delivered to Landlord prior concurrently with Tenant’s return of this executed Lease to Landlord. If, during the commencement of the term Term of this Lease. In no event shall , in the limits of said insurance policies be reasonable considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand opinion of Landlord’s Lender, any and all premiumsinsurance advisor, costsor counsel, charges and expenses incurred or expended by Landlord the amount of insurance described in obtaining such insurance. Notwithstanding shall procure insurance this Paragraph 12 is not adequate, Tenant agrees to increase said coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such reasonable amount as Landlord’s Lender, insurance advisor, or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord counsel shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancedeem adequate.

Appears in 2 contracts

Samples: Lease Agreement (Genitope Corp), Lease Agreement (Genitope Corp)

Liability Insurance. Tenant shall, at Tenant’s expense, obtain and keep in force during the entire term hereof, keep in full force and effect bodily injury and of this Lease Agreement a policy of comprehensive public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury amounts specified below, insuring Landlord, Tenant and accidentLeasehold Mortgagee against any liability arising out of the ownership, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); use, occupancy or maintenance of Tenant’s Facility and worker’s compensation insurance in the maximum amount permitted under Florida lawall areas appurtenant thereto. Landlord may require such insurance coverage to be increased after the first five years of shall, at Landlord’s expense, obtain and keep in force during the term of this LeaseLease Agreement a policy of comprehensive public liability insurance in amounts specified below insuring Tenant, provided that such increase Landlord and Leasehold Mortgagee against any liability arising out of the ownership, use, occupancy of Landlord’s Facility and all areas appurtenant thereto. The limit of said insurance shall not, however, limit the liability of Tenant or Landlord hereunder. Tenant or Landlord may carry said insurance under a blanket policy; provided, however, said insurance by Tenant shall name Landlord and Leasehold Mortgagee a an additional insured thereunder and said insurance of Landlord shall name Tenant and Leasehold Mortgagee as an additional insured thereunder. If either party shall fail to procure and maintain said insurance, the other may, but shall not cause be required to, procure and maintain same, but at the expense of the party who failed to obtain said insurance. Insurance required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance hereunder shall be in an insurance company licensed provided by companies reasonably satisfactory to each party. Each party shall deliver to the State other and the Leasehold Mortgagee, prior to occupancy of Florida and a copy the Tenant’s Facility, copies of the policy or a certificate policies of liability insurance shall be delivered to Landlord prior to required herein or certificates evidencing the commencement existence and amounts of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding No policy shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable cancelable or subject to Tenant for any insufficiency or failure reduction of coverage with regard except after thirty (30) days’ prior written notice to such the other, the Leasehold Mortgagee. Such public liability and property liability insurance or any loss to Tenant occasioned therebyshall have liability limits of not less than Two Million and No/100 Dollars ($2,000,000.00) per person and Five Million and No/100 Dollars ($5,000,000.00) per occurrence, and additionally, the procurement property damage limits of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types less than Two Hundred Fifty Thousand and amounts herein specifiedNo/100 Dollars ($250,000.00) per occurrence, and Landlord, Tenant and Leasehold Mortgagee shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancebe named as co-insureds, and the policy shall contain cross-liability endorsements. The coverage shall be increased at the reasonable request of the Leasehold Mortgagee.

Appears in 2 contracts

Samples: Rights Lease Agreement, Air Rights Lease Agreement (CNL Healthcare Properties, Inc.)

Liability Insurance. Tenant shall, during the entire term hereofat Tenant's expense, obtain, maintain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentforce, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years by advance payment of premiums, during the term of this Lease, provided that such increase shall not cause the required limits Lease a policy of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, comprehensive public liability and property damage insurance insuring Landlord and Tenant as insuredagainst any liability arising out of the ownership, use, occupancy or maintenance of the Leased Premises and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeall areas appurtenant thereto. The Such insurance shall be in an insurance company licensed by the State amount of Florida not less than $1,000,000.00 for injury or death of one person in any one accident or occurrence and a copy in the amount of the policy not less than $1,000,000.00 for bodily injury or a certificate of death for more than one person in any one accident or occurrence. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least $250,000.00. Alternatively, limits shall be delivered to Landlord prior to the commencement not less than $1,000,000.00 bodily injury and property damage liability insurance combined single limit. The limit of the term of this Lease. In no event any such insurance shall the limits of said insurance policies be considered as limiting not, however, limit the liability of the Tenant under this Leasehereunder. In If the event that Tenant shall fail to obtain or procure and maintain in full force and effect any said insurance coverage required to be obtained by Tenant under this Lease, the Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierthe same, and Tenant shall pay as additional rentbe obligated to reimburse Landlord for the cost thereof, upon demand within five days of receipt of the xxxx therefore. Insurance required hereunder shall be in companies rated A+ or better in "Best's Insurance Guide." Tenant shall deliver to Landlord, any prior to right of entry, certificates evidencing the existence and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining amounts of such insurance. Notwithstanding No policy shall procure be cancelable or subject to reduction of coverage or non-renewed without 30 days prior written notice being given to the Landlord. The insurance coverage required of provided by Tenant hereunder, shall specify that it is primary insurance and any insurance maintained by Landlord shall be in no manner excess and not contributory with Tenant's insurance. Landlord and Tenant agree that they shall not be liable to Tenant the other and hereby release the other for any insufficiency or failure of coverage with regard damage to such insurance or any the Leased Premises and to Tenant's improvements and to loss through business interruption and to loss to Tenant occasioned thereby, personal property from risks insured against under any insurance policies carried by the parties and additionally, in force at the procurement time of such insurance damage. This release shall apply only to the extent that such loss is covered by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and insurance. Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered also maintain worker's compensation insurance as required by Landlord from Tenant’s failure to maintain such insurancestate law.

Appears in 2 contracts

Samples: Lease Agreement (Biomira CORP), Security Agreement (Biomira Inc)

Liability Insurance. During the Lease Term, Tenant shallshall maintain a policy of commercial general liability insurance (sometimes known as broad form comprehensive general liability insurance) insuring Tenant against liability for bodily injury, during property damage (including loss of use of property) and personal injury arising out of the entire term hereofoperation, keep in full force use or occupancy of the Property. Landlord and effect bodily injury Landlord's agents, whose names shall be provided to Tenant by Landlord, shall be named as an additional insured under such policy. The initial amount of such insurance shall be Two Million and No/100 Dollars ($2,000,000.00) per occurrence and shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord's professional insurance advisers and other relevant factors. The liability insurance obtained by Tenant under this Paragraph 4.04(a) shall (i) be primary and noncontributing; (ii) contain cross-liability endorsements; and (iii) insure Landlord against Xxxxxx's performance under Section 5.05 resulting from the negligence of Tenant. The amount and coverage of such insurance shall not limit Tenant's liability nor relieve Tenant of any other obligation under this Lease. Landlord may also obtain comprehensive public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentwith coverage determined by Landlord insuring Landlord against liability arising out of ownership, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years operation, use or occupancy of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsProperty. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types be contributory and amounts herein specified, and shall not provide primary insurance. Tenant shall nevertheless hold secure an appropriate clause in, or an endorsement upon, each insurance policy required by this Lease, pursuant to which the insurance company waives subrogation or permits the insured, prior to any loss, to agree with a third party to waive any claim it might have against said third party without invalidating the coverage under the insurance policy. Such waiver of subrogation or permission for waiver of any claim shall extend to the agents and employees of Landlord harmless from any loss or damage incurred or suffered by Landlord from and Tenant’s failure to maintain such insurance, respectively.

Appears in 2 contracts

Samples: Industrial Real Estate Lease (Gish Biomedical Inc), Trimedyne Inc

Liability Insurance. Tenant shallIn addition to and independent of all other provisions of this Lease, Lessee shall take out and keep in force during the entire term hereof, keep in full force at Lessee’s sole cost and effect bodily injury and expense, a policy of comprehensive public liability insurance to protect against any liability to the public incident to the use of or resulting from any accident occurring in an amount or about the premises, the liability under such insurance to be not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS (5,000,000.00 for any one person injured, of $1,000,000) per injury and 5,000,000.00 for any one accident, respectively; or $1,000,000.00 for property damage. All public liability insurance and property damage insurance in an amount not shall insure performance by Lessee of the indemnity provisions of paragraph 22. Both parties hereto shall be named as coinsureds, and the policy shall contain cross-liability endorsements. Not than less than ONE HUNDRED THOUSAND DOLLARS that fifteen ($100,000); and worker’s compensation insurance in 15) days prior to the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years date of commencement of the term of this Lease, provided that such increase Lessee shall not cause secure and deliver to Lessor a certificate of said insurance together with a receipt for the required limits payment of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, premium thereof and Tenant as insured, and shall contain a clause that written undertaking on the insurer will not cancel or change part of the insurance without first giving carrier to notify Lessor in writing at least thirty (30) days prior to any cancellation thereof. Certificates for such insurance shall be deposited by Lessee with Lessor on renewal of the Landlord policy, not less than twenty (20) days before expiration of the term of the prior noticepolicy. The Lessee agrees, if Lessee does not keep such insurance in full force and effect, that Lessor may take out the necessary insurance and pay the premium therefor. Repayment of said premium shall be in an insurance company licensed by the State of Florida and deemed to be a copy part of the policy rental and payable as such on the next day upon which rent becomes due. This Lease is made upon the express condition that Lessor is to be free from all liability and claim for damages by reason of any injury to any person or a certificate persons, including Lessee, or property of insurance shall be delivered any kind whatsoever and to Landlord prior to whomever belonging, including Lessee, from any cause or causes whatsoever, while in, upon or anyway connected with the commencement of premises during the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss extension thereof, or any occupancy thereunder, Lessee hereby covenanting and agreeing to Tenant occasioned therebyindemnify and save harmless Lessor from all liability, loss, cost and additionally, the procurement obligation on account of such insurance by Landlord shall not relieve Tenant or arising out of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss injuries or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancelosses howsoever occurring.

Appears in 2 contracts

Samples: Lease Agreement (Alpha Teknova, Inc.), Lease Agreement (Alpha Teknova, Inc.)

Liability Insurance. The Tenant shall, during the entire term hereof, keep agrees to maintain in full force from the date upon which the Tenant first enters the Premises for any reason, throughout the Term, and effect bodily injury and public thereafter, so long as the Tenant is in occupancy of any part of the Premises, by a program of self-insurance acceptable to Landlord, or by a policy of commercial general liability insurance under which the Landlord (and the Building’s managing agent, any ground lessor and any holder of a first mortgage on the Property of whom the Tenant is notified by the Landlord, collectively, the “Additional Named Insureds”) and the Tenant are named as insureds, and under which the insurer provides a contractual liability endorsement insuring against all cost, expense and liability arising out of or based upon any and all claims, accidents, injuries and damages described in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentSection 7.1, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida lawbroadest form of such coverage from time to time available. Landlord may require Unless provided by self-insurance, each such insurance coverage policy shall be noncancellable and nonamendable (to be increased after the first five years extent that any proposed amendment reduces the limits or the scope of the term of insurance required in this Lease) with respect to the Landlord and such ground lessor and first mortgagee without thirty (30) days’ prior notice to the Landlord and the Additional Named Insureds, provided that such increase except for notice of cancellation due to non-payment of premium, if any, which shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(sbe ten (10) shall name Landlord, any person, firms or corporations designated by Landlorddays’ prior notice, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior the Landlord. The minimum limits of liability of such insurance as of the Commencement Date shall be Five Million Dollars ($5,000,000.00) per occurrence for combined bodily injury (or death) and damage to property. Notwithstanding anything in this Lease to the commencement contrary, Tenant may elect to self-insure against any and all of the term risks, or portion thereof, against which Tenant is required to insure pursuant to the terms of this Lease, provided that either (i) the Chief Financial Officer of Tenant certifies annually that Tenant has a US tax tangible net worth, as of the end of the Tenant’s most recent reporting period of not less than One Hundred Fifty Million Dollars ($150,000,000) as computed in accordance with the Generally Accepted Accounting Principles (GAAP), (“Tenant’s Net Worth”), or (ii) the Chief Financial Officer of Guarantor certifies annually that Guarantor has a US tax tangible net worth, as of the end of the Guarantor’s most recent reporting period, of not less than One Hundred Fifty Million Dollars ($150,000,000) as computed in accordance with GAAP, (“Guarantor’s Net Worth”). In no event shall the limits of said With regard to this Lease, self-insurance policies will be considered as limiting insurance for the liability purposes of Tenant under this complying with the terms and conditions of the Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Should Tenant’s failure Net Worth be less than $150 Million, Tenant may not avail itself of the election to maintain such insuranceself-insure.

Appears in 2 contracts

Samples: Basic Lease Terms (Fulcrum Therapeutics, Inc.), Basic Lease Terms (Fulcrum Therapeutics, Inc.)

Liability Insurance. Tenant shall, at its sole cost and expense shall maintain during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this LeaseLease public liability, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlordproperty damage and products and completed operations liability insurance, any personinsuring Tenant and Tenant's employees and authorized representatives against all bodily injury, firms or corporations designated by Landlordproperty damage, personal injury, and Tenant other loss or liability connected with Tenant's maintenance, occupation and use 6 of the Premises under this Lease in amounts not less than $1,000,000.00 per occurrence, $2,000,000.00 annual aggregate bodily injury and property damage combined single limit as insured, a result of any accident or incident. Both public liability insurance and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The property damage insurance shall be in an insurance company licensed insure performance by the State of Florida and a copy Tenant of the policy or a certificate indemnity provision of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall sub-paragraph (e) below, but the limits of said such insurance policies be considered as limiting shall not, however, limit the liability of Tenant under this Leasehereunder. Both Landlord and Tenant shall be named as additional insureds, and the policies shall contain cross-liability endorsements. If Tenant shall fail to procure and maintain such insurance the Landlord may, but shall not be required to, procure and maintain same at the expense of Tenant and the cost thereof, together with interest thereon at the rate of ten (10%) percent per annum, shall become due and payable as additional rental to Landlord together with Tenant's next rental installment. Tenant shall deliver copies of said policies to Landlord within ten (10) days of their issuance, and shall not cancel or modify same without first providing thirty (30) days notice to Landlord. In the event that Tenant shall fail to obtain Landlord determines, in Landlord's reasonable judgement, that the limits of public liability, property damage, or maintain in full force and effect any products liability insurance coverage required to be obtained then carried by Tenant under this Leaseare materially less than the amount or type of insurance typically carried by owners or tenants of properties located in the same county in which the Premises are located, which are similar to and operated for similar business purposes a the Premises, Landlord may procure same from insurance carriers as elect to require Tenant to increase the amount of specific coverage, change the type of policy carried, or both. If Landlord may deem properso elects, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand be notified in writing of the specific change in policy amount or type required and shall have 30 days after the date of Landlord's notice to effect the change in amount or type of policy. Unless otherwise agreed by Landlord and Tenant, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations adjustment under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancesection may be made not more than every year.

Appears in 2 contracts

Samples: Easyriders Inc, Easyriders Inc

Liability Insurance. Tenant shallshall maintain, from the Effective Date of this Lease and during the entire term hereofof this Lease and any extension thereof, keep in full force and effect bodily injury and a commercial general liability policy of public liability and property damage insurance in an amount insuring the Property against any and all claims for personal injury, including property damage in, on or about the Leased Premises with a combined single limit per occurrence of not less than FIVE HUNDRED THOUSAND DOLLARS Ten Million ($500,00010,000,000.00) / ONE MILLION DOLLARS Dollars, provided, however, if the premium for the liability insurance hereunder shall exceed six percent (6%) of the average total gross revenues of the last three ski seasons of Tenant, then Tenant shall maintain an amount of liability insurance which Five Hundred Thousand ($1,000,000500,000.00) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years Dollars of premium would purchase or 6% of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsgross revenues whichever is greater. The policy(s) Such policy shall name Landlord and Landlord's mortgagee, if any, (and any person, firms or corporations designated by Landlord, and Tenant Leasehold Mortgagee at its request) as additional insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty Landlord, Landlord's Mortgagee, or any Leasehold Mortgagee, thirty (2030) days prior written notice. The insurance deductible on the aforesaid policy shall be in an no less than Twenty-Five Thousand ($25,000.00) Dollars. The insurance company licensed by of Tenant shall be rated A or better on the State of Florida A. M. Best rating and shall be a copy of company doing business in Pennsylvania. The primary limit for the policy or a certificate of insurance shall be delivered One Million Dollars at all times. The excess limit shall be Nine Million Dollars. All policies shall be on an occurrence basis not on a claims made basis. All policies shall name Landlord or Landlord's Mortgagee as an additional insureds. All policies shall name any Planned Community, Homeowner's Association, Condominium Project or Condominium Association whose property is effected by this Lease or any easements, rights of way, roads, or utilities rights in favor of Tenant as additional insured. All changes in coverage, limits and/or carriers are to be approved by Landlord at least sixty (60) days prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancechange.

Appears in 2 contracts

Samples: Lease (Blue Ridge Real Estate Co), Lease (Blue Ridge Real Estate Co)

Liability Insurance. From the Effective Date through the Expiration Date, Tenant shallshall maintain a policy of commercial general liability insurance (sometimes known as broad form commercial general liability insurance) insuring Tenant against liability for bodily injury, during property damage (including loss of use of property) and personal injury arising out of the entire term hereofoperation, keep use or occupancy of the Premises and Project. Tenant shall name Landlord and upon notification by Landlord to Tenant, Landlord’s boards, directors, officers, employees, agents and subagents, and such other related parties as Landlord may request, individually and collectively, as additional insureds under such policy. Tenant shall also name any lender whose loan is secured by the Project. The initial amount of such insurance shall be Five Million Dollars ($5,000,000) per occurrence and shall be subject to commercially reasonable periodic increase based upon increases consistent with the increases required of other landlords of similar buildings, similar premises and similar tenants in full force the Southeast Valley Submarket. The liability insurance obtained by Tenant under this Section 4.4(a) shall (i) be primary and effect bodily injury non-contributing; (ii) contain cross-liability clauses; and (iii) insure Landlord against Tenant’s performance under Section 5.8, if the matters giving rise to the indemnity under Section 5.08 result from the negligence or other acts or failure to act where a duty to act exists on the part of Tenant and are covered by a standard CGL policy. The amount and coverage of such insurance shall not limit Tenant’s liability nor relieve Tenant of any other obligation under this Lease. Tenant shall be liable for payment of any deductible amount under Tenant’s insurance policies maintained pursuant to this Section 4.4. Landlord may also obtain commercial public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentwith coverage determined by Landlord insuring Landlord against liability arising out of ownership, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years operation, use or occupancy of the term Project but not in excess of this Lease, provided that such increase shall not cause the required policy limits or deductibles carried by landlords of coverage to exceed those then commonly prevailing in the marketplace for similar situationsComparable Buildings. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve be contributory and shall not provide primary insurance. Tenant of its obligations under this Lease shall also obtain such other insurance and in such amounts as may from time to maintain insurance coverage time be reasonably required by Landlord against other insurable hazards which at the time are customarily insured against in the types case of premises similarly situated in Maricopa County, Arizona, with due consideration for the height and amounts herein specifiedtype of building, its construction, use and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceoccupancy.

Appears in 2 contracts

Samples: Work Letter Agreement (Ziprecruiter, Inc.), Work Letter Agreement (Ziprecruiter, Inc.)

Liability Insurance. Tenant shall at all times during the term hereof and at its own cost and expense procure and continue in force Worker’s Compensation Insurance and Bodily Injury Liability and Properly Damage Liability Insurance adequate to protect Landlord and naming Landlord as an additional named insured under the liability policy against liability, injury, or death of any person in connection with the use, operation, or condition of the Leased Premises. Such insurance shall be in an amount of not less than $2,000,000 per occurrence and not less than $2,000,000 in the aggregate, for bodily injury and property damage. The limits of such insurance shall not limit the liability of Tenant. Said insurance shall have a Landlord’s Protective Liability Endorsement attached thereto. All insurance required hereunder shall be with companies rated at B+ or better in Best’s Insurance Guide. Tenant shall deliver to Landlord certificates of insurance evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to Landlord, provided that in the event Tenant fails to procure and maintain such insurance, Landlord may (but shall not be required to) procure same at Tenant’s expense after ten (10) days prior written notice. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to Landlord by the insurer. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord within twenty (20) days prior notice. The to the expiration of such policies furnish Landlord with renewals or binders, or Landlord may order such insurance and charge the cost to Tenant, which amount shall be in an insurance company licensed payable by the State of Florida and a copy of the policy or a certificate of insurance Tenant upon demand. All such policies shall be delivered to written as primary policies, not contributing with and not in excess of coverage which Landlord prior to the commencement of the term of this Leasemay have. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail have the right to obtain or maintain in full force and effect any provide such insurance coverage required pursuant to be blanket policies obtained by Tenant under this Leaseprovided such blanket policies expressly afford coverage to the Leased Premises, Landlord may procure same from insurance carriers as Landlord may deem properthe Project, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierLandlord, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended required by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLease.

Appears in 2 contracts

Samples: Industrial Lease, Industrial Lease (Sunpower Corp)

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS THREE MILLION ($500,0003,000,000.00) / ONE MILLION DOLLARS ($1,000,0001,000,000.00) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND MILLION DOLLARS ($100,0001,000,000.00); and worker’s 's compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s 's failure to maintain such insurance.

Appears in 2 contracts

Samples: Lease (Radiation Therapy Services Inc), Radiation Therapy Services Inc

Liability Insurance. Tenant shall, during the entire term hereofat its own cost and expense, keep and maintain in full force and effect bodily injury and public during the Lease Term, a policy of comprehensive/commercial general liability insurance in an amount insuring Tenant’s activities with respect to the Leased Premises, Bank of America Building and Bellevue Place against loss, damage or liability for personal injury or death or loss or damage to property with a limit of not less than FIVE HUNDRED THOUSAND DOLLARS Two Million Dollars ($500,0002,000,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentcombined single limit for policies without a general aggregate limit. For policies with a general aggregate limit, respectively; property damage insurance in an amount such aggregate limit shall be not less than ONE HUNDRED THOUSAND DOLLARS Two Million Dollars ($100,0002,000,000) and include an endorsement providing that the foregoing limit shall apply per location, including the Leased Premises, and have an occurrence limit not less than Two Million Dollars ($2,000,000); and worker. In the event Tenant obtains a policy with a general aggregate limit, Tenant shall immediately notify Landlord if claims covered by such policy or policies at any time are made against Tenant which claims exceed fifty percent (50%) or more of the aggregate limit. Notwithstanding the foregoing, if during the Lease Term, in Landlord’s compensation insurance in reasonable judgment, the maximum amount permitted under Florida law. policy limits required hereunder are no longer adequate to provide reasonable protection to Landlord, Landlord may require notify Tenant of such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits inadequacy and an appropriate level of coverage and Tenant, within thirty (30) days of receiving such a notice, shall obtain such additional amounts of insurance and provide Landlord with satisfactory evidence thereof. Reference may be made to exceed those then commonly prevailing in the marketplace policy amounts required by other landlords for similar situationsspace and operations in determining what is reasonable protection hereunder. The policy(s) insurance required under this Section shall name be with companies rated A-VII or better in Best’s Insurance Guide. Landlord, Xxxxxx Development Company, and any person, firms or corporations other parties in interest designated by Landlord, and Tenant shall be named as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeadditional insureds. The insurance policy shall be in bear an insurance company licensed by the State of Florida and a copy of endorsement that the policy shall not be cancelled or a certificate the policy limits reduced by endorsement below the coverage required by this Lease for any reason other than nonpayment of insurance shall be delivered premiums except upon forty-five (45) days’ prior written notice to Landlord and only after ten (10) days’ prior written notice for non-payment of premiums. Tenant shall deliver to Landlord upon the commencement Commencement Date and from time to time thereafter as requested by Landlord copies of all policies of such insurance or certificates thereof, including applicable endorsements, showing Landlord as an additional insured and the term of this Leaseapplicable policy limits thereof. In no event shall the limits of said insurance such policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 2 contracts

Samples: First Lease Addendum (Smartsheet Inc), Office Lease Exhibits (Smartsheet Inc)

Liability Insurance. Tenant shallTenant, at Tenant’s expense, agrees to keep in force during the entire term hereof, keep in full force and effect Term of this Lease a policy of commercial general liability insurance with combined single limit coverage of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage occurring in, on or about the Premises, including parking and landscaped areas. Such insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); shall be primary and worker’s compensation noncontributory as respects any insurance in the maximum amount permitted under Florida lawcarried by Landlord. Landlord may require The policy or policies affecting such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, Xxxxxxx X. Xxxxx, as Trustee of the Xxxxxxx X. Xxxxx Separate Property Trust dated July 20,1977, as amended; the Xxxxxxx X. Xxxxx Separate Property Trust; Xxxxxxx X. Xxxxx as an individual; Xxxx Xxxxxxxxx, as Trustee under the Xxxx Xxxxxxxxx Survivor’s Trust dated July 20, 1977, as amended; the Xxxx Xxxxxxxxx Survivor’s Trust; Xxxx Xxxxxxxxx, as an individual; and any personbeneficiaries, firms trustees and successor trustees, other partners or corporations designated by Landlord, and Tenant co-venturers of Landlord or said trusts as insuredadditional insureds (collectively “Landlord Entities”), and shall contain a clause insure any liability of the Landlord Entities, contingent or otherwise, as respects acts or omissions of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in or about or concerning the Premises, including any failure of Tenant to observe or perform any of its obligations hereunder; shall be issued by an insurance company admitted to transact business in the State of California; and shall provide that the insurer will insurance effected thereby shall not cancel or change the insurance without first giving the Landlord twenty be canceled, except upon thirty (2030) days days’ prior noticewritten notice to Landlord. The Tenant’s insurance shall be primary as respects to the Landlord Entities, or if excess, shall stand in an unbroken chain of coverage. In either event, any other insurance company licensed maintained by the State Landlord Entities shall be in excess of Florida Tenant’s insurance and a copy of the policy or shall not be called upon to contribute with any insurance required to be provided by Tenant. The required insurance shall be reflected on a certificate of insurance of said policy, which certificate shall be delivered to Landlord prior concurrently with Tenant’s return of this executed Lease to Landlord. If, during the commencement of the term Term of this Lease. In no event shall , in the limits of said insurance policies be reasonable considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand opinion of Landlord’s Lender, any and all premiumsinsurance advisor, costsor counsel, charges and expenses incurred or expended by Landlord the amount of insurance described in obtaining such insurance. Notwithstanding shall procure insurance this Paragraph 15 is not adequate, Tenant agrees to increase said coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such reasonable amount as Landlord’s Lender, insurance advisor, or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord counsel shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancedeem adequate.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Ruckus Wireless Inc)

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and shall obtain public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per 3,000,000.00, but Tenant shall, with due diligence, attempt to obtain such additional dollar limits as will adequately cover the insured perils, with responsible insurance companies legally authorized to transact business in the Commonwealth of Pennsylvania. The liability insurance obtained by Tenant shall name Landlord as a named insured to cover Landlord against liability to third parties for bodily injury and accident, respectively; or property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance occurring at the Property resulting from Landlord's negligence or, at Tenant's option, Tenant may obtain a separate policy in the maximum amount permitted under Florida lawform described herein naming Landlord as the insured thereunder. Landlord may require agrees that it shall not cancel or request, from the issuing insurance company, any changes to any insurance policy obtained by Tenant hereunder. Tenant shall not conduct or allow to be conducted upon the Property any activity which is expressly excluded from the coverage under the insurance policy described above, unless Tenant shall obtain additional insurance covering such activity; provided, however, that if Landlord believes that Tenant has failed to comply with the provisions of this Subsection 9.A with respect to an activity which previously has been conducted at the Property, such that same would constitute an Event of Default (hereinafter defined) which cannot be cured (because said activity was conducted without such additional insurance coverage), Landlord shall not be entitled to declare same an-Event of Default or exercise any of Landlord's remedies unless Tenant's failure to obtain such additional insurance coverage to be increased after the first five years of the term was an intentional violation of this Lease; and provided further, provided that such increase shall if Landlord in good faith believes that Tenant intends to conduct an activity on the Property which is not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and Landlord shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty be entitled to send Tenant written notice at least five (205) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement occurrence of such activity, specifying such activity and the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of which Landlord believes Tenant under this Lease. In the event that Tenant shall fail is required to obtain or maintain in full force and effect any insurance coverage required pursuant to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem properand, irrespective that a lesser premium for if Tenant fails to acquire such insurance coverage may have been obtained after such notice from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding failure shall procure insurance coverage required be deemed to be "intentional" for purposes of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.Subsection 9.A.

Appears in 1 contract

Samples: Lease Agreement (SFX Entertainment Inc)

Liability Insurance. Tenant shall, at Tenant's expense, obtain and keep in force during the entire term hereofof this Lease a policy of comprehensive general liability insurance including personal injury liability, keep contractual liability, products and completed operations liability and liquor liability (if applicable), insuring Landlord and Tenant against any liability arising out of the ownership, use, occupancy or maintenance of the Premises. Such insurance shall be in full force the amount of not less than Two Million and effect No/100ths Dollars ($2,000,000.00) for bodily injury and public property damage for any one accident or occurrence. Fire legal liability insurance in an amount of not less than FIVE HUNDRED THOUSAND DOLLARS One Million and No/100ths Dollars ($500,0001,000,000.00) / ONE MILLION DOLLARS ($1,000,000) per injury shall also be obtained and accident, respectively; property damage insurance kept in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of force during the term of this LeaseLease at Tenant's expense. Such insurance, with extended coverage, shall cover the Premises in an amount equal to at least one hundred percent (100%) of the replacement cost thereof. The limit of any of such insurance shall not limit the liability of Tenant hereunder. Tenant may provide this insurance under a blanket policy, provided that such increase insurance shall have a Landlord's protective liability endorsement specifically describing the Premises. If Tenant fails to procure and maintain such insurance, Landlord may, but shall not cause be required to, procure and maintain the required limits of coverage same, at Tenant's expense to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated be reimbursed by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20within ten ( 10) days prior noticeof written demand. The All insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant hereunder shall be issued by companies reasonably acceptable to Landlord. Thirty (30) days prior to the Commencement Date, Tenant shall deliver to Landlord certified copies of policies or, at Landlord's discretion, certificates of liability insurance required herein with loss payable clauses satisfactory to Landlord. Any deductible under this Leasesuch insurance policy in excess of Five Thousand and No/100ths Dollars ($5,000.00) must be approved by Landlord in writing prior to issuance of such policy. No policy shall be cancelable or subject to reduction of coverage except upon thirty (30) days' prior written notice to Landlord. All such policies shall name Landlord and its agents as first named insureds, shall be written as primary policies not contributing with and not in excess of coverage which Landlord may procure same from carry, and shall be written with an insurance carriers carrier satisfactory to Landlord. From time to time, as Landlord may deem properdeems necessary, irrespective that a lesser premium for such the insurance coverage may have been obtained from another insurance carrierand limits of such coverage required hereunder will be reviewed by Landlord, and Tenant will be notified of any revisions or increases thereto required by Landlord. Tenant shall pay as additional rent, upon demand of Landlord, obtain any and all premiums, costs, charges and expenses incurred revised or expended increased coverage required by Landlord in obtaining within thirty (30) days of any such insurancenotification from Landlord. Notwithstanding shall procure insurance coverage required of Tenant hereunderIn addition to the foregoing, Landlord shall and Tenant hereby waive any claim, regardless of fault or negligence, arising in no manner be liable to Tenant favor of one against the other, or anyone claiming through or under either, by way of subrogation or otherwise, for any insufficiency loss of or failure damage to any property of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any either for which loss or damage incurred is recovered under said policies; provided, however that this release shall be applicable and in force and effect only with respect to loss or suffered by damage occurring during such times as the releaser's policies shall contain a clause or endorsement to the effect that any such release shall not adversely affect or impair said policies or prejudice the right of the releaser to recover thereunder and then only to the extent of the insurance proceeds payable under such policies. Each of the Landlord from Tenant’s failure and Tenant agrees that it will request its insurance carrier to maintain include in its policies such insurancea clause or endorsement.

Appears in 1 contract

Samples: Industrial Lease (Radio Systems Corp)

Liability Insurance. Tenant shall, during the entire term hereof, shall purchase at its own expense and keep in full force and effect bodily during this Lease, a policy or policies of (i) commercial general liability insurance, including personal injury and public liability insurance property damage, in an the amount of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS (1,000,000.00 per occurrence and $1,000,000) 2,000,000.00 annual general aggregate per injury location, and accident, respectively; comprehensive automobile liability insurance covering Tenant against any losses arising out of liability for personal injuries or deaths of persons and property damage occurring in or about the Premises and Property, and (ii) special perils property insurance covering Tenant’s Property (and damage to other property resulting from any acts or operations of Tenant), or if either coverage is not in an amount not less than ONE HUNDRED THOUSAND DOLLARS effect when needed, such other similar coverage as is then in effect. Said policies shall ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(sa) shall name Landlord, any person, firms or corporations designated by LandlordAgent, and Tenant any party holding an interest to which this Lease may be subordinated as insuredadditional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20b) days prior notice. The insurance shall be in issued by an insurance company with a Best rating of A-X or better and otherwise reasonably acceptable to Landlord and licensed by to do business in the State state in which the Property is located, (c) provide that said insurance shall not be canceled or materially modified unless 30 days’ prior written notice shall have been given to Landlord, (d) provide coverage on an occurrence basis; (e) provide coverage for the indemnity obligations of Florida Tenant under this Lease; (f) contain a severability of insured parties provision and a copy of the cross liability endorsement; (g) be primary, not contributing with, and not in excess of, coverage that Landlord may carry; (h) include a hostile fire endorsement; and (i) otherwise be in such form and include such coverages as Landlord may reasonably require. Said policy or policies or, at Landlord’s option, Certificate of Insurance, in a certificate of insurance form reasonably acceptable to Landlord, evidencing said policies, shall be delivered to Landlord prior to the by Tenant upon commencement of the term of this Lease. In no event Lease and renewals thereof shall the limits of be delivered within 10 days after binding said insurance policies be considered as limiting the liability of Tenant under this Leasepolicy. In the event that Additionally, Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, name Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as an additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from insured on Tenant’s failure to maintain such insurancepolicy of premise liability under its casualty/property insurance policy.

Appears in 1 contract

Samples: Magnetek, Inc.

Liability Insurance. Tenant shall, at Tenant's expense, obtain and keep in force during the entire term hereof, keep in full force and effect of this Lease a policy of bodily injury and public personal property damage insurance, insuring Landlord and Tenant against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS (500,000 per person, $1,000,000) 500,000 per injury occurrence for bodily injury, and accident$1,000,000 for personal property damage, respectively; or $2,000,000 combined single limit for said items. The limits of said insurance shall not, however, limit the liability of Tenant hereunder. Tenant shall also obtain and keep in force during the term of this Lease, at Tenant's expense, "all risk" or "special coverage form" insurance upon the property damage insurance of every description and kind owned by the Tenant and located in the Building or for which Tenant is legally liable or installed by or on behalf of the Tenant, including without limitation, furniture, fixtures, installations, alterations, additions, partitions, fixtures and anything in the nature of leasehold improvements in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); 80% of the full replacement cost thereof. Such insurance shall insure the Tenant and worker’s compensation insurance Landlord, and in the maximum event that there shall be a dispute as to the amount permitted under Florida lawwhich comprises the full replacement cost, the decision of the Landlord shall be conclusive. If Tenant shall fail to procure and maintain the insurance required hereunder, Landlord may require but shall not be required to procure and maintain the same, and any amount so paid by Landlord for such insurance coverage to shall be increased after Additional Rent which, together with interest thereon from the first five years date paid, shall be due and payable by Tenant on the next succeeding date on which a Base Rental installment is due if in the opinion of Landlord the amount of liability insurance required hereunder is not adequate, then not more frequently than once during each option, extension or renewal term of this Lease, provided that such if any, Tenant shall increase shall not cause the said insurance coverage as required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord. Provided, and Tenant as insuredhowever, and that in no event shall contain a clause that the insurer will not cancel or change amount of the liability insurance increase by more than fifty percent of the amount of the insurance without first giving during the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the preceding term of this Lease. In no event However, the failure of Landlord to require any additional insurance coverage shall the limits of said insurance policies not be considered as limiting the liability of deemed to relieve Tenant from any obligations under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 1 contract

Samples: Commercial Lease (McData Corp)

Liability Insurance. Tenant shall, during the entire term hereof, shall obtain and keep in full force a policy of commercial general liability and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount (including but not less than ONE HUNDRED THOUSAND DOLLARS limited to automobile, personal injury, broad form contractual liability, owner’s ($100,000); i.e., Tenant’s) contractors protective and worker’s compensation insurance in broad form property damage) under which Tenant is named as the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name insured and Landlord, Landlord’s agents (limited to those agents directly involved in day to day activities at the Building such as the property management company and/or leasing agent) and any person, firms or corporations designated by lessors and mortgagees (whose names shall have been furnished to Tenant) are named as additional insureds and under which the insurer agrees to indemnify and hold Landlord, its managing agent and Tenant as insuredall applicable lessors and mortgagees harmless from and against all cost, and shall contain a clause that expense and/or liability arising out of or based upon the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term indemnification obligations of this Lease. In The minimum limits of liability shall be a combined single limit with respect to each occurrence of not less than Two Million Dollars ($2,000,000.00). The policy shall, if such is available on a commercially reasonable basis, contain a cross liability endorsement and shall be primary coverage for Tenant and Landlord for any liability arising out of Tenant’s and Tenant’s Employees’ use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall provide that it is primary insurance and not “excess over” or contributory. The policy shall contain a severability of interest clause. At any time upon the request of a mortgagee, or otherwise not more frequently than once in any three (3) Year period, if, in the opinion of any mortgagee, Landlord’s lender or of the insurance consultant retained by Landlord, the amount of public liability and property damage insurance coverage at that time is not adequate, Tenant shall increase the insurance coverage as required by either Landlord’s lender or Landlord’s insurance consultant; provided however, that in no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained be increased in excess of that which is from another insurance carrier, and Tenant shall pay as additional rent, upon demand time to time being required by comparable landlords of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required comparable tenants leasing comparable amounts of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage space in the types and amounts herein specifiedCharlotte, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceNorth Carolina market area.

Appears in 1 contract

Samples: Lease Agreement (Gramercy Capital Corp)

Liability Insurance. Tenant shallTenant, during the entire term hereofat Tenant's expense, agrees to obtain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of during the term of this LeaseLease a policy of comprehensive public liability insurance against any and all claims for personal injury, provided that death, property damage, or other liabilities related to the condition, use or occupancy of the Premises or to Tenant's operations on the Premises, including an extended liability endorsement providing contractual liability and broad form property damage coverage. Such insurance shall also contain a cross-liability clause and shall insure Tenant's performance of the indemnity agreement set forth in Paragraph 18, although Tenant's obligations pursuant to such increase indemnity shall not cause be limited to the amount of any insurance required limits of, or otherwise carried by, Tenant. Such liability insurance shall have a combined single limit of coverage not less than Two Million Dollars ($2,000,000) and certificates evidencing such insurance shall be furnished to exceed those then commonly prevailing Landlord prior to Tenant's occupancy of the Premises. The policy or policies affecting such insurance shall name Landlord and the beneficiary or mortgagee of any deed of trust or mortgage affecting the Premises as additional insureds, and shall insure any liability of Landlord, contingent or otherwise, with respect to any act of omission of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in or about or concerning the Premises, including any failure of Tenant to observe or perform any of its obligations hereunder; shall be issued by an insurance company admitted to transact business in the marketplace for similar situationsState of California having a rating of A or better in "Best's Insurance Guide"; and shall provide that the insurance effected thereby shall not be canceled, except upon thirty (30) days' prior written notice to Landlord. The policy(s) Said liability insurance shall name Landlord, be primary and not contributing to any person, firms or corporations designated by insurance available to Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The Landlord's insurance shall be in an excess thereto. If, during the Lease Term, in the considered opinion of Landlord's lender, insurance company licensed by advisor, or counsel, the State of Florida and a copy of the policy or a certificate amount of insurance shall be delivered described in this Paragraph 15 is not adequate, Tenant agrees to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of increase said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such reasonable amount as Landlord's lender, insurance advisor, or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord counsel shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancedeem adequate.

Appears in 1 contract

Samples: Lease Agreement (3dfx Interactive Inc)

Liability Insurance. Tenant at all times during the Term shall, during the entire term hereofat its own expense, keep in full force and effect bodily injury and public commercial general liability (CGL) insurance in an amount and, if necessary, commercial umbrella insurance with a limit of not less than FIVE HUNDRED THOUSAND DOLLARS $2,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this location. CGL insurance shall be written on ISO occurrence form CG 00 01 12 04 ($500,000or a substitute form providing equivalent coverage) / ONE MILLION DOLLARS ($1,000,000) per and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and accidentadvertising injury, respectivelyand liability assumed under an insured contract. Landlord and Landlord Related Parties shall be included as additional insureds under the CGL, using ISO additional insured endorsement CG 20 10 11 85 or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to Landlord. There shall be no endorsement or modification of the CGL to make it excess over other available insurance; property damage insurance in an amount alternatively, if the CGL states that it is excess or pro rata, the policy shall be endorsed to be primary with respect to the additional insured. Tenant waives all rights against Landlord for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance. Tenant, shall continue at not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage aforesaid limit until required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended changed by Landlord in obtaining writing by reason of changed economic conditions making such protection inadequate. Tenant shall carry Worker’s Compensation coverage with minimum limits as required by applicable law and Employer’s Liability coverage with minimum limits of $1,000,000. Tenant may carry a portion of Tenant’s insurance as an umbrella policy of insurance. Notwithstanding shall procure Tenant waives all rights against Landlord for recovery of damages to the extent these damages are covered by the workers compensation and employers liability or commercial umbrella liability insurance coverage required of Tenant hereunderobtained by Tenant. Where permitted by law, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure obtain an endorsement equivalent to maintain such insuranceWC 00 03 13 to affect this waiver.

Appears in 1 contract

Samples: Lease (Targacept Inc)

Liability Insurance. During the Lease Term, Tenant shallshall maintain a policy of commercial general liability insurance (sometimes known as broad form comprehensive general liability insurance) insuring Tenant against liability for bodily injury, during property damage (including loss of use of property) and personal injury arising out of the entire term hereofoperation, keep use or occupancy of the Property. Landlord and Landlord's agents, whose names shall be provided to Tenant by Landlord, shall be named as an additional insured under such policy. The initial amount of such insurance shall be Two Million and No/100 Dollars ($2,000,000.00) per occurrence and shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord's professional insurance advisers and other relevant factors; provided that such periodic increases shall be consistent with the amounts of insurance then being required of tenants comparable to Tenant by landlords comparable to Landlord in full force projects comparable to the Project. The liability insurance obtained by Tenant under this Paragraph 4.04(a) shall (i) be primary and effect bodily injury noncontributing; (ii) contain cross-liability endorsements; and (iii) insure Landlord against Tenant's performance under Section 5.05 resulting from the negligence of Tenant. The amount and coverage of such insurance shall not limit Tenant's liability nor relieve Tenant of any other obligation under this Lease. Landlord may also obtain comprehensive public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentwith coverage determined by Landlord insuring Landlord against liability arising out of ownership, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years operation, use or occupancy of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsProperty. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types be contributory and amounts herein specified, and shall not provide primary insurance. Tenant shall nevertheless hold secure an appropriate clause in, or an endorsement upon, each insurance policy required by this Lease, pursuant to which the insurance company waives subrogation or permits the insured, prior to any loss, to agree with a third party to waive any claim it might have against said third party without invalidating the coverage under the insurance policy. Such waiver of subrogation or permission for waiver of any claim shall extend to the agents and employees of Landlord harmless from and Tenant, respectively. Tenant shall not be required to carry any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such hazardous materials insurance.

Appears in 1 contract

Samples: Industrial Real Estate Lease (All American Semiconductor Inc)

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force and effect bodily injury and shall maintain a comprehensive general public liability insurance in an amount policy with respect to the Premises and Land, with coverage limits of not less than FIVE HUNDRED THOUSAND DOLLARS Seven Hundred Fifty Thousand and No/100 Dollars ($500,000750,000.00) / ONE MILLION DOLLARS in respect of bodily injury or death to any one person, Seven Hundred Fifty Thousand and No/100 Dollars ($1,000,000750,000.00) per injury in respect to any one accident or occurrence, and accidentSeven Hundred Thousand Fifty and No/100 Dollars ($750,000.00) for property damage, respectively; property damage insurance in an amount and such protection shall continue at not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required said limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage until reasonably required to be obtained changed by Tenant under this Lease, Landlord may procure same from insurance carriers in writing by reason of changed economic conditions making such protection inadequate. Landlord shall be named as an additional insured on such policy and the policy shall provide that the Landlord may deem proper, irrespective that a lesser premium for receive 30-days' advance notice of any termination of such insurance coverage may have been obtained from another policy. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance carrieris in force. INDEMNITY REGARDING USE OF PREMISES. Tenant agrees to pay, and Tenant shall pay as additional rentto protect, upon demand of Landlorddefend, indemnify and save harmless Landlord from and against, any and all premiumsliabilities, damages, costs, charges expenses (including, but not limited to, any and all attorneys' fees and expenses incurred of Landlord, including any on appeal), causes of action, suits, claims, demands or expended judgments of any nature whatsoever arising from (i) any negligence or intentional misconduct on the part of Tenant or any of its agents, contractors, servants, employees or invitees, and (ii) any failure on the part of Tenant to perform or comply with the covenants, agreements, terms, provisions, conditions or limitations contained in this Lease on its part to be performed or complied with. In case any action or proceeding is brought against Landlord by reason of any such claim, Tenant shall, upon written notice from Landlord and at Tenant's expense, resist or defend such action or proceeding by counsel approved by Landlord in obtaining such insurancewriting, which approval shall not be unreasonably withheld or delayed. If Tenant has supplied Landlord with evidence of insurance covering any of the aforementioned risks, no claim shall be made against Tenant unless and until the insurer shall fail or refuse to defend and/or pay all or any part thereof. Notwithstanding shall procure insurance coverage required of Tenant hereunderthe foregoing, Landlord shall in no manner be liable to and Tenant for each hereby waives any insufficiency and all right of recovery against the other party or failure of coverage with regard to such insurance or any loss to Tenant occasioned therebyagainst the officers, employees, agents, representatives, customers and additionally, the procurement business visitors of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specifiedother party, and Tenant shall nevertheless hold Landlord harmless from for any loss or damage incurred to such waiving party, its property or suffered property of others under its control, arising from any cause covered by Landlord from Tenant’s failure any insurance required to maintain be carried by the parties hereto pursuant to the terms of this Lease or any other policy of insurance carried by such insurancewaiving party in lieu thereof, with respect to the Land or the Premises.

Appears in 1 contract

Samples: Commercial Lease (Summit Brokerage Services Inc / Fl)

Liability Insurance. Paragraph 16 of the Lease is hereby amended to provide that Tenant shall, during the entire term hereof, keep in full force shall obtain and effect bodily injury and public maintain comprehensive general liability insurance on an occurrence basis with limits of liability in an amount not less than FIVE HUNDRED THOUSAND DOLLARS $2,000,000 ($500,000Two Million Dollars) / ONE MILLION DOLLARS combined single limit for each occurrence. The comprehensive general liability policy shall include contractual liability which includes the provisions of Paragraph 14 of the Lease ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in it is the parties' intent to provide coverage to the maximum amount permitted extent possible of Tenant's indemnification obligations under Florida lawthis Lease; however, it is understood that the insurance requirements are independent of Tenant's exculpation, indemnification and other obligations under this Lease and shall not be construed or interpreted in any way to restrict, limit or modify Tenant's exculpation, indemnification and other obligations or to limit Tenant's liability under this Lease). Tenant shall furnish to Landlord may require certificates of insurance and copies of the policies evidencing the aforesaid insurance coverage, including naming Landlord as an additional insured. Renewal certificates must be furnished to Landlord at least thirty (30) days prior to the expiration date of such insurance policies showing the above coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect effect. Tenant's liability coverage shall include all of the coverages typically provided by the Broad Form Comprehensive General Liability Endorsement, including broad form property damage coverage (which shall include coverage for completed operations). Tenant's liability coverage shall further include premises-operations coverage, products-completed operations coverage and owners and contractors protective coverage (when reasonably required by Landlord). Tenant's general liability policies shall be endorsed as needed to provide cross-liability coverage for Tenant, Landlord and any lender of Landlord of which Tenant has been notified and to provide severability of interests. Said liability policies shall be endorsed as needed to provide that the insurance afforded by the policies to the additional insureds relating to the Premises is primary and that all insurance carried by Landlord is strictly excess and secondary and shall not contribute with Tenant's liability insurance. The coverage required afforded to be obtained Landlord and any lender of Landlord by Tenant under this Lease, Landlord may procure same from insurance carriers must be at least as Landlord may deem proper, irrespective broad as that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable afforded to Tenant for and may not contain any insufficiency terms, conditions, exclusions or failure of coverage with regard limitations applicable to such insurance Landlord or any loss lender of Landlord that do not apply to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 1 contract

Samples: Lease (Quokka Sports Inc)

Liability Insurance. Tenant shallTenant, during the entire term hereofat Tenant's expense, agrees to obtain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of during the term of this LeaseLease a policy of commercial general liability insurance against any and all claims for personal injury, provided that death, property damage, within or about the Premises, covering bodily injury and property damage claims. Such insurance shall also contain a cross-liability clause and shall insure Tenant's performance of the indemnity agreement set forth in Paragraph 18, although Tenant's obligations pursuant to such increase indemnity shall not cause be limited to the amount of any insurance required limits of, or otherwise carried by, Tenant. Such liability insurance shall have a combined single limit of coverage not less than Two Million Dollars ($2,000,000) and certificates evidencing such insurance shall be furnished to exceed those then commonly prevailing Landlord prior to Tenant's occupancy of the Premises. The policy or policies affecting such insurance shall name Landlord and the beneficiary or mortgagee of any deed of trust or mortgage affecting the Premises as additional insureds, and shall insure any liability of Landlord, contingent or otherwise, with respect to any act or omission of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any said persons in or about or concerning the Premises, including any failure of Tenant to observe or perform any of its indemnity obligations hereunder; shall be issued by an insurance company admitted to transact business in the marketplace for similar situationsState of California having a rating of "A" or better in "Best's Insurance Guide"; and shall provide that the insurance effected thereby shall not be canceled, except upon thirty (30) days prior written notice to Landlord. The policy(s) Said liability insurance shall name Landlord, be primary and not contributing to any person, firms or corporations designated by insurance available to Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The Landlord's insurance shall be in an excess thereto. If, during the Lease Term, in the considered opinion of Landlord's lender, insurance company licensed by advisor, or counsel, the State of Florida and a copy of the policy or a certificate amount of insurance shall be delivered described in this Paragraph 15 is materially insufficient as compared to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage being required of other commercial tenants of comparable premises in the Sunnyvale, California area, Tenant hereunder, Landlord shall in no manner be liable agrees to Tenant for any insufficiency or failure of increase said coverage with regard to such reasonable amount as Landlord's insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord consultant shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancerecommend.

Appears in 1 contract

Samples: Lease Agreement (Logic Devices Inc)

Liability Insurance. Tenant shall, during the entire term hereofat Tenant’s expense, obtain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of during the term of this LeaseLease a policy of comprehensive public liability insurance with minimum amounts of $1,000,000.00 per Occurrence and an aggregate limit of $2,000,000.00 for property damage, provided that such increase and combined limits of $1,000,000.00 per Occurrence and an aggregate limit of $2,000,000.00 per individual and per incident for personal and bodily injury, insuring Landlord and Tenant against liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. The limit of said insurance shall not, however, limit the liability of the Tenant hereunder. Tenant may carry said insurance under a blanket policy, providing, however, said insurance by Tenant shall list Landlord as Primary Additional Insured. If Tenant shall fail to procure and maintain said insurance, Landlord may, but shall not cause be required to, procure and maintain same, but at the expense of Tenant. Insurance required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlordhereunder, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy companies rated A-VII or a certificate of insurance better in “Best’s Insurance Guide”. Tenant shall be delivered deliver to Landlord prior to the commencement occupancy of the term Premises copies of this Lease. In no event shall policies of liability insurance required herein or certificates evidencing the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force existence and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement amounts of such insurance by with loss payable clauses satisfactory to Landlord naming Landlord as Primary Additional Insured. No policy shall not relieve be cancelable or subject to reduction of coverage except after thirty (30) days prior written notice to Landlord. Tenant of shall also at its obligations under this own expense maintain, during the Lease to maintain insurance coverage in the types and amounts herein specifiedTerm, and at any time prior to the Lease Term commencing with the date on which the Tenant shall nevertheless hold Landlord harmless from is given possession of the Premises for any loss or damage incurred or suffered by Landlord from Tenant’s failure reason, insurance covering its furniture, fixtures, equipment, all leasehold improvements and inventory in an amount equal to maintain such insurancenot less than 100% of the full replacement value thereof.

Appears in 1 contract

Samples: Eschelon Telecom Inc

Liability Insurance. Tenant shall, at Tenant’s expense, obtain and keep in. force during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this LeaseSublease a policy of comprehensive public liability insurance insuring Landlord and Tenant against any liability arising out of the ownership, provided that such increase use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall not cause the required limits of coverage to exceed those then commonly prevailing be in the marketplace amount of not less than $2,000,000.00 combined single limit for similar situations. The policy(s) all bodily injury and property damage claims, which amount may be increased from time to time by Landlord to reflect industry standards, and which insurance shall name Landlord, and any person, firms or corporations designated lender requested by Landlord, and Tenant as an additional insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The limit of any such insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting not, however, limit the liability of the Tenant hereunder. Tenant may provide this insurance under this Leasea blanket policy, provided that said insurance shall have a Landlord’s protective liability endorsement attached thereto. In the event that If Tenant shall fail to obtain or procure and maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Leasesaid insurance, Landlord may may, but shall not be required to, procure same from insurance carriers as Landlord may deem properand maintain same, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, but at the expense of Tenant. Insurance required hereunder shall be in companies licensed to do business in the state of Nevada and reasonably acceptable to Landlord. Tenant shall pay also maintain workers compensation insurance as additional rent, upon demand of required by state and federal law. Tenant shall deliver to Landlord, any prior to right of entry, copies of policies of liability insurance required herein or certificates evidencing the existence and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement amounts of such insurance with loss payable clauses satisfactory to Landlord. No policy shall be cancelable, terminate or be subject to reduction of coverage without at least thirty (30) days written notice to Landlord. All such policies shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry. Prior to the delivery of the Premises by Landlord to Tenant, Tenant shall not relieve Tenant of its obligations provide to Landlord certificates evidencing the insurance provided for under this Lease to maintain insurance coverage in the types and amounts herein specifiedSection 16 and, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered thereafter, within five (5) days after request by Landlord from Tenant’s failure to maintain Landlord, copies of such insurancepolicies.

Appears in 1 contract

Samples: Sub Lease (Bank Holdings)

Liability Insurance. Tenant shall, at Tenant’s expense, obtain and keep in force during the entire term hereofTerm and the Early Entry Period, keep in full force and effect a commercial general liability insurance policy insuring Tenant against the risks of bodily injury and public property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE FOUR MILLION DOLLARS ($1,000,0004,000,000.00) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida lawoccurrence. Landlord may require such insurance coverage to and any lender or other party in interest designated by Landlord shall be increased after the first five years named as additional insured(s). The policy shall contain cross-liability endorsements and shall insure performance by Tenant of the term indemnity provisions of this Lease; shall be primary, provided not contributing with, and not in excess of coverage which Landlord may carry; shall state that such increase Landlord is entitled to recovery for the negligence of Tenant even though Landlord is named as an additional insured; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not cause void or reduce coverages as to the required limits other insured or additional insured; and shall afford coverage after the Term (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of coverage to exceed those then commonly prevailing which occurred or arose) in whole or in part during the marketplace for similar situationsTerm. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the shall not limit any liability of Tenant under this Leasehereunder. In Not more frequently than every five (5) years, if, in the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand reasonable opinion of Landlord, any and all premiumsthe amount of liability insurance required hereunder is not adequate, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding Tenant shall procure promptly increase said insurance coverage as reasonably required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLandlord.

Appears in 1 contract

Samples: Salient Lease Terms (Greektown Superholdings, Inc.)

Liability Insurance. Tenant shall, at Tenant's expense, obtain and keep in force during the entire term hereofof this Lease a policy of Commercial General Liability insurance including personal injury liability, keep property damage liability, contractual liability, products and completed operations liability insuring Tenant, Landlord, its agents and mortgagee against any liability arising out of the ownership, use, occupancy or maintenance of the Premises. Such insurance shall be in full force the amount of not less than Three Million and effect no/100ths dollars ($3,000,000.00) for bodily injury and public property damage for any one accident or occurrence. Fire legal liability insurance in an amount of not less than FIVE HUNDRED THOUSAND DOLLARS Fifty Thousand and no/100ths Dollars ($500,00050,000.00) / ONE MILLION DOLLARS ($1,000,000) per injury shall also be obtained and accident, respectively; property damage insurance kept in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of force during the term of this LeaseLease at Tenant's expense. The limit of any of such insurance shall not limit the liability of Tenant hereunder. Tenant may provide this insurance under a blanket policy, provided that such increase insurance shall have a landlord's protective liability endorsement specifically describing the Premises. If Tenant fails to procure and maintain such insurance, Landlord may, but shall not cause be required to procure and maintain the required limits same, at Tenant's expense to be reimbursed by Tenant within ten (10)days of coverage to exceed those then commonly prevailing in the marketplace for similar situationswritten demand. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the All insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant hereunder shall be issued by companies acceptable to Landlord. Thirty (30) days prior to the Lease Commencement Date, Tenant shall deliver to Landlord certified copies of policies or, at Landlord's discretion, certificates of liability insurance required herein with loss payable clauses satisfactory to Landlord. Any deductible under this Leasesuch insurance policy in excess of Ten Thousand and no/100ths Dollars ($10,000.00) must be approved by Landlord in writing prior to issuance of such policy. No policy shall be cancelable or subject to reduction of coverage except upon thirty (30) days' prior written notice to Landlord. All such policies shall name Landlord and its agents as named insureds, shall be written as primary policies not contributing with and not in excess of coverage which Landlord may procure same from carry, and shall be written with an insurance carriers carrier satisfactory to Landlord with a Best rating of at least A- VIII. From time to time, as Landlord may deem properor its mortgagee deems necessary, irrespective that a lesser premium for such the insurance coverage may have been obtained from another insurance carrierand limits of such coverage required hereunder will be reviewed; by Landlord, and Tenant shall pay as additional rent, upon demand will be notified of any revisions or increases thereto required by Landlord, Tenant shall obtain any and all premiums, costs, charges and expenses incurred revised or expended increased coverage required by Landlord in obtaining within thirty (30) days of any such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless notification from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLandlord.

Appears in 1 contract

Samples: Lease (Smtek International Inc)

Liability Insurance. Tenant shall, during the entire term hereofLease Term, keep in full force and effect effect, a policy or policies of commercial general liability insurance for personal injury (including wrongful death) and damage to property covering (a) any occurrence in the Leased Premises, (b) any act or omission by Tenant, by any subtenant of Tenant, or by any of their respective invitees, agents, servants or employees anywhere in the Leased Premises, (c) the business operated by Tenant and by any subtenant of Tenant in the Leased Premises, and (d) the contractual liability of Tenant to Landlord pursuant to the indemnification provisions of Section 13 below, which coverage shall not be less than One Million and No/100 Dollars ($1,000,000.00) per occurrence and One Million and No/100 Dollars ($1,000,000.00) combined single limit. The liability policy or policies shall contain an endorsement naming Landlord as an additional insured and shall provide that the insurance carrier shall have the duty to defend and/or settle any legal proceeding filed against Landlord seeking damages based upon bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; or property damage insurance liability caused by the negligent acts or omissions of the Tenant in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); connection with its use and occupancy of the Leased Premises under this Lease. Tenant shall, during the Lease Term, keep in full force and effect, a policy or policies of worker’s compensation insurance with an insurance carrier and in amounts approved by the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term State of Vermont. Each insurance policy and certificate thereof obtained by Tenant pursuant to this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and Lease shall contain a clause that the insurer will not cancel provide Landlord, and any persons, firms or change the insurance without first giving the corporations designated by Landlord twenty with at least fifteen (2015) days prior noticewritten notice of any material change, non-renewal or cancellation of the policy. The Each such insurance policy shall be in with an insurance company licensed by authorized to do business in the State of Florida Vermont and a copy of at least rated B+. A certificate evidencing the coverage under each such policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this LeaseInitial Term and annually thereafter. In no event Each such policy shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event provide that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord payable thereunder shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.be payable

Appears in 1 contract

Samples: Lease Agreement

Liability Insurance. Tenant shall, during the entire term hereof, shall obtain at its own expense and keep in full force and effect bodily injury and public during the Term, a policy of commercial general liability insurance (including, without limitation, insurance covering Tenant’s contractual liability under this Lease, under which Tenant is named as the insured, and Landlord, Landlord’s managing agent, the present and any future mortgagee of the Real Property or the Building are named as additional insureds. Such policy shall contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) days written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than FIVE HUNDRED THOUSAND DOLLARS $2,000,000 for injury (or death) and $500,000) / ONE MILLION DOLLARS (1,000,000.00 for each person and for damage to property or such greater coverage amounts as Landlord may, from time to time, commercially reasonably require provided such greater coverage amounts are then carried by tenants of similar premises as the Premises in similar office buildings in midtown Manhattan. Such coverage may be maintained by a combined single limit policy in the above coverage amounts and an “umbrella” or excess coverage policy in the amount of $1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s 5,000,000.00. Tenant shall also maintain at its own expense during the Term a policy of workers’ compensation insurance in providing statutory benefits for Tenant’s employees and employer’s liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the maximum amount permitted under Florida law. Landlord may require such termination of any existing policy, a certificate evidencing the effectiveness of the insurance coverage policies required to be increased after maintained hereunder which shall include the first five years named insured, additional insured, carrier, policy number, limits of liability, effective date, the name of the term insurance agent and its telephone number. Tenant shall provide Landlord with a complete copy of this Lease, provided any such policy upon written request of Landlord. Tenant shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name names Landlord, Landlord’s managing agent and the present and any personfuture mortgagees of the Real Property or the Building as additional insureds, firms or corporations designated by Landlordreferences the Premises, and Tenant as insured, and guarantees a minimum limit available for the Premises equal to the amount of insurance required to be maintained hereunder. Each policy required hereunder shall contain a clause that the insurer will not cancel or change policy and the coverage evidenced thereby shall be primary with respect to any policies carried by Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance without first giving the Landlord twenty (20) days prior notice. The insurance required under this subsection shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New York, and rated in Best’s Insurance Guide, or any successor thereto (or if there be none, an insurance company rating organization having a national reputation) as having a general policyholder rating of “A-” and a financial rating of at least “10”. In the event that Tenant shall fail fails to obtain or continuously maintain in full force and effect any insurance coverage as required to be obtained by Tenant under this Leasesubsection, Landlord may procure same from insurance carriers as Landlord may deem propermay, irrespective that a lesser premium for at its option and without relieving Tenant of any obligation hereunder, order such insurance coverage may have been obtained from another insurance carrierand pay for the same at the expense of Tenant. In such event, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or repay the amount expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required within ten (10) days of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from TenantLandlord’s failure to maintain such insurancewritten demand therefor.

Appears in 1 contract

Samples: Agreement of Lease (Harris & Harris Group Inc /Ny/)

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force Borrower shall carry and effect bodily injury and public maintain such commercial general liability insurance as may from time to time be required by Lender, taking into consideration the type of property being insured and the corresponding liability exposure, on forms, with deductibles, in amounts and with such company or companies licensed to do business in the state where the Property is located and as may be acceptable to Lender. All such commercial general liability insurance shall be carried with a company or companies which have and maintain a rating equivalent to at least A:X as shown in the most recent Best’s Key Rating Guide. The original policy or policies and all renewals thereof (or, at the sole option of Lender, duplicate originals or certified copies thereof), together with a Certificate of Insurance (Xxxxx Form 25S) and receipts evidencing payment of the premium therefor, shall be deposited with, held by and are hereby assigned to, Lender as additional security for the Loan secured hereby. Such policy or policies of insurance shall name Lender as an amount additional insured and shall provide for not less than FIVE HUNDRED THOUSAND DOLLARS thirty ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (2030) days prior notice. The insurance shall be in an insurance company licensed by the State Written Notice to Lender of Florida and a copy of any intent to modify, cancel, non-renew, or terminate the policy or a certificate policies or the expiration of insurance shall be delivered to Landlord such policy or policies of insurance, or the exclusion of any individual risk such as acts of terrorism. Not less than fifteen (15) days prior to the commencement expiration dates of the term each policy or policies required of this Lease. In no event shall the limits Borrower hereunder, Borrower will deliver to Lender a renewal policy or policies marked “premium paid” or accompanied by other evidence of said insurance policies be considered as limiting the liability of Tenant under this Leasepayment and renewal satisfactory to Lender. In the event that Tenant shall fail of foreclosure of this Mortgage or other transfer of title to obtain or maintain the Property in full force extinguishment of the Loan secured hereby, all right, title and effect interest of Borrower, in and to any insurance coverage required policies then in force including any rights to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierunearned premiums, and Tenant in and to insurance proceeds then payable, shall pay as additional rent, upon demand pass to the purchaser or grantee. In case of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from TenantBorrower’s failure to maintain keep the Property properly insured as required herein, Lender, its successors or assigns, may, at its option (but shall not be required to) acquire such insuranceinsurance as required herein at Borrower’s sole expense.

Appears in 1 contract

Samples: Assumption and Ratification Agreement (Inland American Real Estate Trust, Inc.)

Liability Insurance. Tenant shall, during the entire term hereof, shall purchase at its own expense and ------------------- keep in full force and effect bodily during this Lease a policy or policies of (i) commercial general liability insurance, including personal injury and public liability insurance property damage, in an the amount of not less than FIVE HUNDRED THOUSAND DOLLARS Two Million Dollars ($500,0002,000,000.00) / ONE MILLION DOLLARS per occurrence and Five Million Dollars ($1,000,0005,000,000.00) annual general aggregate per injury location, and accident, respectively; comprehensive automobile liability insurance covering Tenant against any losses arising out of liability for personal injuries or deaths of persons and property damage occurring in or about the Premises and Property and (ii) "all-risk" or "special form" property insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS covering Tenant's property ($100,000and otherwise resulting from any acts or operations of Tenant); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase Said policies shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s(a) shall name Landlord, any person, firms or corporations designated by LandlordAgent, and Tenant any party holding an interest to which this Lease may be subordinated as insuredadditional insureds on a primary basis, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20b) days prior notice. The insurance shall be in issued by an insurance company with a Best rating of A-X or better and otherwise reasonably acceptable to Landlord and licensed by to do business in the State state in which the Property is located, (c) provide that said insurance shall not be canceled or materially modified unless thirty (30) days' prior written notice shall have been given to Landlord, (d) provide coverage on an occurrence basis; (e) provide coverage for the indemnity obligations of Florida Tenant under this Lease; (f) contain a severability of insured parties provision and a copy cross liability endorsement; (g) be primary, not contributing with, and not in excess of the coverage which Landlord may carry; (h) a hostile fire endorsement; and (i) otherwise be in such form and include such coverages as Landlord may reasonably require. Said policy or a certificate policies or, at Landlord's option, Certificate of insurance Insurance on the so-called "ACCORD" Form 27 evidencing said policies, shall be delivered to Landlord by Tenant upon commencement of the Lease and renewals thereof shall be delivered at least thirty (30) days prior to the commencement of the term of this Lease. In no event shall the limits expiration of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 1 contract

Samples: Maxwell Shoe Co Inc

Liability Insurance. (a) All insurance required to be carried by Tenant shall, during the entire term hereof, keep in full force hereunder shall be issued by responsible insurance companies which are rated by Best Insurance Reports as A:VII or better and effect bodily injury acceptable to Landlord and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury Landlord's lender and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance licensed or authorized to do business in the maximum amount permitted under Florida lawState of Colorado. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) Each policy shall name Landlord, and at Landlord's request any person, firms or corporations designated by mortgagee of Landlord, and Tenant as an additional insured, and as their respective interests may appear. Each policy shall contain (i) a clause separation of insureds condition, (ii) a provision that such policy and the coverage evidenced thereby shall be primary and non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance for Landlord's interest only, and (iii) a waiver by the insurer will not cancel of any right of subrogation against Landlord, its agents, employees and representatives, which arises or change the insurance without first giving the Landlord twenty might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its agents, employees or representatives. A copy of each paid up policy (20) days prior notice. The insurance shall be in an insurance company licensed authenticated by the State of Florida and a copy insurer) or certificate of the insurer evidencing the existence and amount of each insurance policy or a certificate of insurance required hereunder shall be delivered to Landlord before the date Tenant is given possession of the Premises, and thereafter, within thirty (30) days after any demand by Landlord therefor, Landlord may, at any time and from time to time, inspect and/or copy any insurance policies required to be maintained by Tenant hereunder. No such policy shall be cancelable, materially changed or reduced in coverage except after thirty (30) days' written notice to Landlord and Landlord's lender. Tenant shall furnish Landlord with renewals or "binders" of any such policy at least ten (10) days prior to the commencement of the term of this Leaseexpiration thereof. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event agrees that if Tenant shall fail to obtain or does not take out and maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Leasesuch insurance, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord (but shall not relieve Tenant of its obligations under this Lease to maintain be required to) procure said insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from on Tenant’s failure to maintain such insurance.'s behalf and

Appears in 1 contract

Samples: Office Building Lease (Doubleclick Inc)

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Liability Insurance. Tenant shallSubject to the provisions of Section 4.04(e) below, during the entire term hereofLease Term, keep in full force Tenant, at Tenant's sole cost and effect bodily injury and public expense, shall maintain a policy of commercial general liability insurance in (or its equivalent) insuring Tenant against liability for bodily injury, property damage (including loss of use of property) and personal injury arising out of Tenant's use or occupancy of the Property. Tenant shall name Landlord as an additional insured under such policy, and Tenant shall provide Landlord with an appropriate insurance certificate so evidencing prior to Tenant's occupancy of the Property, which certificate shall show Landlord as "an additional insured as required by contract." The initial per occurrence amount not less than FIVE HUNDRED THOUSAND DOLLARS of such insurance shall be Three Million Dollars ($500,0003,000,000.00) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentshall be subject to periodic increase based upon inflation, respectivelyincreased liability awards, the reasonable recommendations of Landlord's professional insurance advisors and other relevant factors; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Leaseprovided, provided however, that any such increase shall not cause be required during the required limits of coverage to first three (3) Lease Years and shall not exceed those then commonly prevailing increases reasonably required by prudent owners of like properties in the marketplace for similar situationsLas Vegas metropolitan area. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the liability insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, Section 4.04(a): shall (i) be primary and Tenant shall pay as additional rent, upon demand of non-contributing except with respect to Landlord, any 's negligence or willful misconduct; (ii) contain cross-liability endorsements; and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of (iii) provide contractual coverage with regard respect to such insurance or any loss to Tenant occasioned thereby, Tenant's obligations under Section 5.05 below. The amount and additionally, the procurement coverage of such insurance by Landlord shall not limit Tenant's liability nor relieve Tenant of its obligations any other obligation under this Lease to maintain Lease. Landlord shall also obtain commercial general liability insurance (or its equivalent) insuring Landlord against liability for bodily injury, property damage (including loss of use of property) and personal injury arising out of ownership, operation, use or occupancy of the Property. The initial per occurrence amount of such insurance shall be not less than Three Million Dollars ($3,000,000.00) and shall be increased in amount and at times coincident with Tenant's required liability coverage in the types and amounts herein specifiedamount increases provided above. The 7155 Lindell Road Xxx Vegas, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.Nevada Nevada Power Company

Appears in 1 contract

Samples: Lease Agreement (Sierra Pacific Resources /Nv/)

Liability Insurance. During the Lease Term and any period of Tenant shallis constructing Tenant Improvements, during Tenant shall maintain a policy of commercial general liability insurance (sometimes known as broad form commercial general liability insurance) insuring Tenant against liability for bodily injury, property damage (including loss of use of property) and personal injury arising out of the entire term hereofoperation, keep use or occupancy of the Premises and Project. Tenant shall name Landlord and its appointed boards, directors, officers, employees, agents and subagents, individually and collectively, as an additional insureds under such policy. The initial amount of such insurance shall be Five Million Dollars ($5,000,000) per occurrence and shall be subject to commercially reasonable periodic increase based upon increases consistent with the increased required of other landlords of similar buildings, similar premises and similar tenants in full force the Southeast Valley Submarket. The liability insurance obtained by Tenant under this Section 4.04(a) shall (i) be primary and effect bodily injury non-contributing (including umbrella coverage); (ii) contain cross-liability clauses; and (iii) insure Landlord against Tenant’s performance under Section 5.08, if the matters giving rise to the indemnity under Section 5.08 result from the negligence or other acts or failure to act where a duty to act exists on the part of Tenant. The amount and coverage of such insurance shall not limit Tenant’s liability nor relieve Tenant of any other obligation under this Lease. Tenant shall be liable for the payment of any deductible amount under Tenant’s insurance policies maintained pursuant to this Section 4.04. Landlord may also obtain commercial public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accidentwith coverage determined by Landlord insuring Landlord against liability arising out of ownership, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years operation, use or occupancy of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsProject. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve be contributory and shall not provide primary insurance. Tenant of its obligations under this Lease shall also obtain such other insurance and in such amounts as may from time to maintain insurance coverage time be reasonably required by Landlord against other insurable hazards which at the time are customarily insured against in the types case of premises similarly situated in Maricopa County, Arizona, with due consideration for the height and amounts herein specifiedtype of building, its construction, use and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceoccupancy.

Appears in 1 contract

Samples: Office Lease (VectoIQ Acquisition Corp.)

Liability Insurance. Tenant, at Tenant's expense, agrees to keep in force during the term of this Lease a policy of commercial general liability insurance with combined limits in the amount of $1,000,000 per occurrence/$5,000,000 aggregate per location for injuries to or death of persons and/or property damage occurring in, on or about the Premises or the Complex. Tenant shallshall have the right to maintain the liability insurance required hereunder through any combination of primary general liability and "umbrella" policies of insurance, provided that the policies contain aggregate per location endorsements that provide the required levels of protection for the Premises and that such polices comply with the terms hereof. Certificates of insurance evidencing this coverage shall be furnished to Landlord, shall name Landlord, and the entities designated on Exhibit C, attached hereto, as additional insured on a primary and non-contributory basis, and shall insure any liability of Landlord, contingent or otherwise, as respects acts or omissions of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in or about or concerning the Premises, including any failure of Tenant to observe or perform any of its obligations hereunder; shall be issued by an insurance company admitted to transact business in the -State of California; and the insurance effected thereby shall not be canceled, except upon thirty (30) days' prior written notice to Landlord. If, during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such in the considered opinion of Landlord's Lender or insurance advisor, the amount of insurance described in this paragraph 13 is not adequate, Tenant agrees to increase shall not cause the required limits of said coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) such reasonable amount as Landlord's Lender or insurance advisor shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may reasonably deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceadequate."

Appears in 1 contract

Samples: Office Lease (Coupa Software Inc)

Liability Insurance. Tenant shallshall obtain, during at its own expense, ------------------- comprehensive general liability insurance coverage, including blanket contractual coverage, against claims for or arising out of bodily injury, death or property damage occurring in, on or about the entire term hereofPremises, keep which policy or policies shall name Landlord as an additional insured. The policy may be either a dual limit policy in full force the amounts of $1,000,000 per person and effect $1,000,000 per occurrence for bodily injury and public liability insurance $1,000,000 per occurrence for property damage or a single limit policy in an the amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS (of $1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require that the limits of such insurance coverage to be increased after the first five years in reasonably appropriate amounts as may be determined by Landlord or any mortgagee of the term of this LeaseBuilding; provided, provided however, that such increase shall not cause the required limits amount of coverage will not be increased more frequently than at one (1) year intervals. Such policy shall be issued by an insurance company acceptable to exceed those then commonly prevailing in the marketplace for similar situationsLandlord. The policy(spolicy procured by Tenant under this Subsection 8.01 must provide for at least thirty (30) days' written notice to Landlord of any cancellation. On or before the Commencement Date, Tenant shall name deliver to Landlord, any personat Landlord's option, firms a certificate of insurance or corporations designated by Landlorda certified copy of the original policy, and together with receipts evidencing payment of the premiums therefor. Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the deliver certificates of renewal for such policies to Landlord twenty at least thirty (2030) days prior noticeto the expiration dates thereof. The insurance shall provided by Tenant under this Subsection 8.01 may be in an the form of a blanket insurance company licensed by policy covering other properties as well as the State of Florida and Premises; provided, however, that Tenant must furnish Landlord with a copy written statement from the insurer(s) under such policy or policies which statement shall (i) specify the policy limits of the policy or a certificate policies, (ii) state that the Premises and this Lease are covered by such policy or policies and (iii) state the amount of total insurance shall be delivered to Landlord prior allocated to the commencement Premises; provided, further, that any such policy or policies of blanket insurance must, as to the term Premises, otherwise comply as to insurance amounts, endorsements, notice of cancellation and coverage with the other provisions of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceSubsection 8.01.

Appears in 1 contract

Samples: Aastrom Biosciences Inc

Liability Insurance. During the Lease Term, Tenant shallshall maintain at Tenant's expense, during the entire term hereof, keep in full force and effect bodily injury and public comprehensive general liability insurance (including personal injury, liability, premises, operation, property damage, independent contractors and broad form contractual in support of the indemnification's of Landlord by Tenant under this Lease business interruption insurance, contractual liability insurance, worker's compensation and employer's liability insurance and comprehensive catastrophic liability, all maintained with companies, on forms and in such amounts as Landlord may, from time to time, reasonably require and endorsed to include Landlord as an amount not less than FIVE HUNDRED THOUSAND DOLLARS (additional insured, with the premiums being fully paid on or before the due dates, insuring Landlord against liability arising out of the ownership, use, occupancy, or maintenance of the Demised Premises. The initial amounts of the insurance must be at least $500,000) / ONE MILLION DOLLARS (1,000,000 for each Occurrence, $1,000,000) 2,000,000 General Aggregate per injury policy year, $100,000 Property Damage for the Demised Premises, and accident, respectively$10,000 Medical Expense; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS (plus a $100,000)5,000,000 commercial general liability umbrella; and worker’s compensation insurance in the maximum amount permitted under Florida law. shall be subject to periodic increases based upon economic factors as Landlord may require such insurance coverage to be increased after determine, in Landlords discretion, exercised in good faith. However, the first five years amounts of the term insurance shall not limit Tenant's liability nor relieve Tenant of any obligations under this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlordpolicies must contain cross-liability endorsements, any person, firms or corporations designated by Landlordif applicable, and Tenant as insured, and shall must insure Tenant's performance of the indemnity provisions of Section 5.04. The policies must contain a clause that provision which prohibits cancellation or modification of the insurer will not cancel or change the insurance without first giving the Landlord twenty policy except upon thirty (2030) days days' prior noticewritten notice to Landlord. The insurance Tenant shall be in an insurance company licensed by the State of Florida and deliver a copy of the policy or certificate (or a certificate of insurance shall be delivered renewal) to Landlord prior to the commencement Commencement Date and prior to the expiration of the term of this Leasepolicy during the Lease Term. In no event shall If Tenant fails to maintain the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Leasepolicy, Landlord may procure same from elect to maintain the insurance carriers as Landlord may deem properat Tenant's expense, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and which Tenant shall pay reimburse to Landlord upon demand. Tenant may, at Tenant's expense maintain other liability insurance at Tenant deems necessary. The rental rate shall increase at 2% as additional rentfollows: 360,528.00 ($30,044.00 per month) Commencement Date - 9/30/01 367,738.56 ($30.644.88 per month) 10/1/01 - 9/30/02 375,093.36 ($31,257.78 per month) 10/1/02 - 9/30/03 382,595.20 ($31,882.93 per month) 10/1/03 - 9/30/04 390,247.10 ($32,520.59 per month) 10/1/04 - 9/30/05 398,052.00 ($33,171.00 per month) 10/1/05 - 9/30/06 406,013.00 ($33,834.42 per month) 10/1/06 - 9/30/07 414,133.32 ($34,511.11 per month) 10/1/07 - 9/30/08 422,416.01 ($35,201.33 per month) 10/1/08 - 9/30/09 430,864.33 ($35,905.36 per month) 10/1/09 - 9/30/10 430,864.33 ($35,905.36 per month) 10/1/10 - 9/30/11 430,864.33 ($35,905.36 per month) 10/1/11 - 9/30/12 Total: 4,809,409 LANDLORD SJS Sandxx, upon demand X.X., Xx: SJS Sandxx XX XXX ----------------------------------------- By [Signature]: /s/ Davix X.X. Xxxxxxx ---------------------- Name: Davix X.X. Xxxxxxx Xxxle: Vice President Date of LandlordExecution: 9/12/00 TENANT Cerprobe ----------------------------------------- By [Signature]: /s/ Paul X. Xxxxxx ---------------------- Name: Paul Xxxxxx Xxxle: Vice President Facilities Date of Execution: ---------------------- PRINCIPAL BROKER ----------------------------------------- By [Signature]: ---------------------- Name: Broker ---------------------------------- Title: ---------------------------------- COOPERATING BROKER ----------------------------------------- By [Signature]: ---------------------- Name: Broker ---------------------------------- Title: ---------------------------------- Copyright Notice: This form is provided for the use of members of the North Texas Commercial Association of Realtors, any and all premiumsInc. Permission is hereby granted to make limited copies of this form for use in a particular Texas real estate transaction. Contact the NTCAR office to confirm that you are using the current version of this form. 14 NORTH TEXAS COMMERCIAL ASSOCIATION OF REALTORS(R) ADDENDUM B TO LEASE RENEWAL OPTIONS DEMISED PREMISES/ADDRESS: 10360 Xxxxxx Xxxxx, costsDallas, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunderDallas County, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.Texas

Appears in 1 contract

Samples: Agreement (Cerprobe Corp)

Liability Insurance. During the Lease Term, Tenant, at Xxxxxx’s sole cost and expense, shall maintain a policy of commercial general liability insurance (or its equivalent) insuring Tenant shallagainst liability for bodily injury, during property damage (including loss of use of property) and personal injury arising out of the entire term hereofoperation, keep use or occupancy of the Property. Tenant shall name Landlord (and any affiliate of Landlord designated by Landlord) as an additional insured under such policy, and Tenant shall provide Landlord with an appropriate “additional insured” endorsement to Tenant’s liability insurance policy (in full force a form acceptable to Landlord) not less than ten (10) business days prior to Tenant’s occupancy of the Property. The initial amount of such insurance shall be Three Million Dollars ($3,000,000.00) per occurrence and effect bodily injury shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisors and public other relevant factors; provided, however, that such increases shall not exceed those increases imposed by prudent owners of like properties in the Las Vegas metropolitan area. The liability insurance obtained by Tenant under this Section 4.04(a): shall (i) be primary and non-contributing; (ii) contain a “separation of insureds” clause (or equivalent); (iii) contain contractual liability coverage respecting Tenant’s indemnity obligations under Section 5.05 below; and (iv) not have a deductible amount in excess of Ten Thousand Dollars ($10,000.00) in Constant Dollars. Tenant may satisfy its obligations under this Section through the use of a combination of primary and excess or umbrella coverage. The amount and coverage of such insurance shall not limit Tenant’s liability nor relieve Tenant of any other obligation under this Lease. Landlord may also obtain commercial general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance with coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated determined by Landlord, and Tenant as insuredinsuring Landlord against liability arising out of ownership, and shall contain a clause that operation, use or occupancy of the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeProperty. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types be contributory and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such not provide primary insurance.

Appears in 1 contract

Samples: Attornment Agreement (Switch, Inc.)

Liability Insurance. Tenant shall, during You shall name the entire term hereof, keep in full force and effect bodily injury and public Rental Company as an additional insured on your liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage your liability insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); shall be deemed primary and worker’s compensation non-­‐contributory insurance in the maximum amount permitted event of any claim or suit. Liability insurance shall meet the following minimums: Commercial General Liability: $1,000,000 per occurrence & annual aggregate Foreign Liability, if filming outside the U.S.A. or Canada: $1,000,000 per occurrence limit Aircraft Liability, if filming from an aircraft: $5,000,000. THE RIGHTS OF THE RENTAL COMPANY ARE NOT AFFECTED BY YOUR NON-­‐PERFORMANCE. Your insurers shall agree that the rights of the Rental Company under Florida law. Landlord may require such the insurance coverage as described in the preceding paragraphs shall not be affected by any act or neglect or breach of condition by you, other than non-­‐payments of insurance premiums. Should you fail to procure or pay the cost of maintaining in force the insurance specified in the Rental Contract or to provide the Rental Company upon request with satisfactory evidence of the insurance, the Rental Company may, but shall not be increased after obligated to, procure the first five years insurance and you shall reimburse the Rental Company on demand for its cost. Lapse or cancellation of the required insurance shall be an immediate and automatic default of this agreement. YOUR RESPONSIBILITIES WITH REGARD TO THE EQUIPMENT YOU ASSUME ALL RISKS OF LOSS. Once you have taken delivery of the Equipment, your responsibility includes, but is not limited to, risks while in transit, at all locations named and unnamed, at all studios, while on your own premises and while in use, or storage on the rental facility's premises. YOUR RESPONSIBILITY ENDS WHEN THE EQUIPMENT IS RETURNED AND THE RENTAL TERM HAS EXPIRED. Equipment will not be deemed to have been returned until all of the following conditions have been met: 1) property has been brought back to the premises during normal or agreed business hours; 2) an inventory has been completed and a missing and damaged list has been compiled, if needed; and 3) the term of this Leasethe Rental Contract has expired. YOU ARE RESPONSIBLE FOR ALL EQUIPMENT BEING STORED FOR YOU BY THE RENTAL HOUSE. You are responsible for all equipment (including but not limited to camera(s), provided that such increase shall not cause props, sets & wardrobe) which is picked up or stored by the required limits of coverage to exceed those then commonly prevailing in the marketplace Rental Company for similar situationsyour ultimate use. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance Rental Company shall be acting as your agent in an insurance company licensed storing any such property which belongs to third parties. All risks of physical loss to property which is transported or stored by the State Rental Company for your benefit shall remain your responsibility. DOMESTIC USE ONLY, UNLESS OTHERWISE AGREED. Geographic restrictions can be removed from the Rental Contract by mutual agreement between you and the Rental Company. Page 5 of Florida and a copy of this contract allows for international locations to be listed as geographic territories in which you may use the policy or a certificate of insurance shall equipment. Requests for changes to this list must be delivered to Landlord made in writing at least 2 business days prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceagreed rental period.

Appears in 1 contract

Samples: cdn.cocodoc.com

Liability Insurance. Tenant shall, at Tenant's expense, procure and maintain at all times during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this LeaseLease a policy of comprehensive public liability insurance insuring Landlord and Tenant against any liability arising out of the ownership, use, occupancy, or maintenance of the Premises and appurtenant areas. Such insurance shall at all times be in an amount of not less than $300,000.00 for injury to or death of any one person in any one accident or occurrence and in an amount of not less than $500,000.00 for injury to or death of more than one person in any one accident or occurrence and in amount of not less than $50,000.00 for liability for property damage. The limits of such insurance shall not limit the liability of Tenant. If the Premises are part of a larger property, said insurance shall have a Landlord's Protective Liability endorsement attached hereto. All insurance required hereunder shall be with companies rated AAA or better in "Best's Insurance Guide". Tenant shall deliver to Landlord certificates of insurance of evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to Landlord, provided that in the event Tenant fails to procure and maintain such increase insurance. Landlord may (but shall not cause the be required limits to) procure same at Tenant's expense after ten (10) days prior written notice. No such policy shall be cancellable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to exceed those then commonly prevailing Landlord by the insurer. All such policies shall be written as primary policies, not contributing with and not in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving excess of coverage which the Landlord may carry. Tenant shall, within twenty (20) days prior notice. The to the expiration of such policies, furnish Landlord with renewals or binders or Landlord may order such insurance and charge the cost to Tenant, which amount shall be in an insurance company licensed payable by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this LeaseTenant upon demand. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail have the right to obtain or maintain in full force and effect any provide such insurance coverage required pursuant to be blanket policies obtained by Tenant under provided such blanket policies expressly afford coverage to the Premises and to Tenant as required by this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.

Appears in 1 contract

Samples: Industrial Lease Agreement (Zilog Inc)

Liability Insurance. During the Lease Term, Tenant, at Tenant’s sole cost and expense, shall maintain a policy of commercial general liability insurance (or its equivalent) insuring Tenant shallagainst liability for bodily injury, during property damage (including loss of use of property) and personal injury arising out of the entire term hereofoperation, keep use or occupancy of the Property and the Limited Common Area. Tenant shall name Landlord (and any affiliate, lender or property manager of Landlord designated by Landlord) as an additional insured under such policy, and Tenant shall provide Landlord with an appropriate “additional insured” endorsement to Tenant’s liability insurance policy (in full force a form acceptable to Landlord) not less than ten (10) business days before the early access to or occupancy of the Property by Tenant or any other member of the Tenant Group (defined below). The initial amount of such insurance shall be not less than Three Million Dollars ($3,000,000.00) per occurrence and effect bodily injury shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisors and public other relevant factors; provided, however, that such increases shall not exceed those increases imposed by prudent owners of like properties in the Las Vegas metropolitan area. The liability insurance obtained by Tenant under this Section 4.04(a): shall (i) be primary and non-contributing; (ii) contain a “separation of insureds” clause (or equivalent); (iii) contain contractual liability coverage; (iv) provide “occurrence” based coverage; and (v) not have a deductible or self-insured retention amount in excess of Ten Thousand Dollars ($10,000.00). The amount and coverage of such insurance shall not limit Tenant’s liability nor relieve Tenant of any other obligation under this Lease. Tenant may satisfy its obligations under this Section through the use of a combination of primary and excess or umbrella coverage. Landlord may also obtain commercial general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance with coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated determined by Landlord, and Tenant as insuredinsuring Landlord against liability arising out of ownership, and shall contain a clause that operation, use or occupancy of the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeProperty. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types be contributory and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such not provide primary insurance.

Appears in 1 contract

Samples: Switch, Inc.

Liability Insurance. Tenant shallshall procure at Tenant's sole cost and expense and keep in effect from the date of this Lease and at all times until the end of the Term either Comprehensive General Liability insurance or Commercial General Liability insurance applying to the use and occupancy of the Premises and the Building, and any part of either, and any areas adjacent thereto, and the business operated by Tenant, or by any other occupant on the Premises. Such insurance shall include Broad Form Contractual Liability Insurance coverage insuring all of Tenant's indemnity obligations under this Lease. Such coverage shall have a minimum combined single limit of liability of at least Two Million Dollars ($2,000,000.00), and a general aggregate limit of Three Million Dollars ($3,000,000.00). All such policies shall be written to apply to all bodily injury, property damage or loss, personal injury and other covered loss, however occasioned, occurring during the entire term hereofpolicy term, keep in full force shall be endorsed to add Landlord and effect bodily injury and public liability insurance in any party holding an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in interest to which this Lease may be subordinated as an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as additional insured, and shall provide that such coverage shall be primary and that any insurance maintained by Landlord shall be excess insurance only. Such coverage shall also contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty endorsements: (20i) days prior noticedeleting any employee exclusion on personal injury coverage; (ii) including employees as additional insureds; (iii) deleting any liquor liability exclusion; and (iv) providing for coverage of employer's automobile non- ownership liability. The All such insurance shall be in provide for severability of interests; shall provide that an insurance company licensed by the State act or omission of Florida and a copy one of the named insureds shall not reduce or avoid coverage to the other named insureds; and shall afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy or a certificate of insurance period. Said coverage shall be delivered to Landlord prior to written on an "occurrence" basis, if available. If an "occurrence" basis form is not available. Tenant must purchase "tail" coverage for the commencement most number of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrieryears available, and Tenant shall pay must also purchase "tail" coverage if the retroactive date of an "occurrence" basis form is changed so as additional rentto leave a gap in coverage for occurrences that might have occurred in prior years. If a "claims made" policy is ever used, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by the policy must be endorsed so that Landlord in obtaining such insurance. Notwithstanding shall procure insurance is given the right to purchase "tail" coverage required of Tenant hereunder, Landlord shall in no manner be liable to should Tenant for any insufficiency reason not do so or failure if the policy is to be canceled for nonpayment of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancepremium.

Appears in 1 contract

Samples: Lease (Spectrian Corp /Ca/)

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force (a) LGF shall maintain commercial general liability and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); insurance, including automobile liability, and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage a fire legal liability endorsement, that protects LGF and PP&R and PP&R's officers, agents and employees as additional insureds from any and all risks, claims, demands, actions, and suits for damage to be increased after the first five years property including without limitation cracking or breaking of glass or bodily injury, including death, arising directly or indirectly from LGF's activities or any condition of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this LeasePremises. In no event shall the limits foregoing require LGF to insure the buildings or the Premises against damage by fire or other casualty and any such insurance, if any, shall be maintained by PP&R and PP&R's sole cost. The insurance shall protect LGF against the claims of said insurance policies be considered as limiting PP&R on account of the liability of Tenant obligations assumed by LGF under this LeaseLicense and shall protect PP&R and LGF against claims of third persons. In The insurance shall provide coverage for not less than $1,000,000 per each occurrence and 2,000,000 aggregate. PP&R reserves the event that Tenant shall fail right to obtain or maintain in full force and effect any require reasonable additional insurance coverage as required by statutory or legal changes to the maximum liability that may be obtained imposed on municipalities of the State of Oregon during the term of this License. The insurance shall be without prejudice to coverage otherwise existing and shall name as additional insureds PP&R and its officers, agents, and employees. Notwithstanding the naming of additional insureds, the insurance shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. LGF's coverage shall be primary and non-contributory with any other insurance and self-insurance. The coverage shall apply as to claims between insured on the policy. So long as such endorsement remains available, the insurance shall provide that the insurance shall not terminate or be canceled without thirty (30) days written notice first being given to PP&R. If the insurance is canceled or terminated prior to termination of this License, LGF shall provide a new policy with the same terms. LGF agrees to maintain continuous, uninterrupted coverage for the duration of this License. The automobile insurance shall include coverage for any damages or injuries arising out of the use of automobiles or other motor vehicles by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such the LGF at Premises and in its business. LGF shall also obtain insurance coverage may have been obtained from another insurance carrier, for business interruption and Tenant shall pay as additional rent, upon demand loss of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord profit in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable an amount sufficient to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancemeet LGF's full License obligations.

Appears in 1 contract

Samples: License Agreement Leach Botanical

Liability Insurance. Tenant shallshall procure at Tenant's sole cost and expense and keep in effect from the date of this Lease and at all times until the end of the Term either Comprehensive General Liability insurance or Commercial General Liability insurance applying to the use and occupancy of the Premises and the Building, and any part of either, and any areas adjacent thereto, and the business operated by Tenant, or by any other occupant on the Premises. Such insurance shall include Broad Form Contractual Liability insurance coverage insuring all of Tenant's indemnity obligations under this Lease. Such coverage shall have a minimum combined single limit of liability of at least One Million Dollars ($1,000,000.00), and a general aggregate limit of Two Million Dollars ($2,000,000.00). All such policies shall be written to apply to all bodily injury, property damage or loss, personal injury and other covered loss, however occasioned, occurring during the entire term hereofpolicy term, keep in full force shall be endorsed to add Landlord and effect bodily injury and public liability insurance in any party holding an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in interest to which this Lease may be subordinated as an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as additional insured, and shall provide that such coverage shall be primary and that any insurance maintained by Landlord shall be excess insurance only. Such coverage shall also contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty endorsements: (20i) days prior noticedeleting any employee exclusion on personal injury coverage; (ii) including employees as additional insureds; (iii) deleting any liquor liability exclusion; and (iv) providing for coverage of employer's automobile non-ownership liability. The All such insurance shall be in provide for severability of interests; shall provide that an insurance company licensed by the State act or omission of Florida and a copy one of the named insureds shall not reduce or avoid coverage to the other named insureds; and shall afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy or a certificate of insurance period. Said coverage shall be delivered to Landlord prior to written on an "occurrence" basis, if available. If an "occurrence" basis form is not available, Tenant must purchase "tail" coverage for the commencement most number of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrieryears available, and Tenant shall pay tenant must also purchase "tail" coverage if the retroactive date of an "occurrence" basis form is changed so as additional rentto leave a gap in coverage for occurrences that might have occurred in prior years. If a "claims made" policy is ever used, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by the policy must be endorsed so that Landlord in obtaining such insurance. Notwithstanding shall procure insurance is given the right to purchase "tail" coverage required of Tenant hereunder, Landlord shall in no manner be liable to should Tenant for any insufficiency reason not do so or failure if the policy is to be cancelled for nonpayment of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancepremium.

Appears in 1 contract

Samples: Depomed Inc

Liability Insurance. Tenant shall, during the entire term hereof, shall obtain and keep in full force and effect a ------------------- policy of commercial general liability covering bodily injury and public property damage liability. Such commercial general liability shall include personal injury liability, broad form contractual liability, broad form property damage and fire legal liability. In addition to the foregoing, Tenant shall carry automobile liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury including hired/non-owned automobile liability. All policies shall show Tenant as a named insured and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name show Landlord, Landlord's agent, Master Landlord and any personlessors, firms or corporations designated by mortgagees and assignees (whose names shall have been furnished to Tenant) named as additional insureds and under which the insurer agrees to indemnify and hold Landlord, its managing agent, Master Landlord and Tenant as insuredall applicable lessors, mortgagees and shall contain a clause that assignees harmless from and against all cost, expense and/or liability arising out of or based upon the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term indemnification obligations of this Lease. In The minimum limits of liability shall be a combined single limit with respect to each occurrence of not less than Two Million Dollars ($2,000,000.00). The policy shall contain a cross liability endorsement and shall be primary coverage for Tenant and Landlord for any liability arising out of Tenant's and Tenant's Employees' use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall provide that it is primary insurance and not "excess over" or contributory to any insurance maintained by Landlord. The policy shall contain a severability of interest clause. Not more frequently than once each year, if, in the opinion of Master Landlord, Landlord's lender or of the insurance consultant retained by Landlord, the amount of public liability and property damage insurance coverage at that time is not adequate, Tenant shall increase the insurance coverage as required by Master Landlord, Landlord's lender or Landlord's insurance consultant; provided however, that in no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained be increased in excess of that which is from another insurance carrier, and Tenant shall pay as additional rent, upon demand time to time being required by comparable landlords of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord comparable tenants leasing comparable amounts of space in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage other first-class buildings in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancevicinity of the Building.

Appears in 1 contract

Samples: Lease Agreement (Shopping Com)

Liability Insurance. Tenant shallTenant, during the entire term hereofat Tenant's expense, agrees to obtain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of during the term of this LeaseLease a policy of comprehensive public liability insurance against any and all claims for personal injury, provided that death, property damage, or other liabilities related to the condition, use or occupancy of the Premises or to Tenant's operations on the Premises, including an extended liability endorsement providing contractual liability and broad form property damage coverage. Such insurance shall also contain a cross-liability clause and shall insure Tenant's performance of the indemnity agreement set forth in Paragraph 18, although Tenant's obligations pursuant to such increase indemnity shall not cause be limited to the amount of any insurance required limits of, or otherwise carried by, Tenant. Such liability insurance shall have a combined single limit of coverage not less than Two Million Dollars ($2,000,000) and certificates evidencing such insurance shall be furnished to exceed those then commonly prevailing Landlord prior to Tenant's occupancy of the Premises. The policy or policies affecting such insurance shall name Landlord and the beneficiary or mortgagee of any deed of trust or mortgage affecting the Premises as additional insureds, and shall insure any liability of Landlord, contingent or otherwise, with respect to any act or omission of Tenant, its agents, employees or invitees or otherwise by any conduct or transactions of any of said persons in or about or concerning the Premises, including any failure of Tenant to observe or perform any of its obligations hereunder; shall be issued by an insurance company admitted to transact business in the marketplace for similar situationsState of California having a rating of A or better in "Best's Insurance Guide"; and shall provide that the insurance effected thereby shall not be canceled, except upon thirty (30) days' prior written notice to Landlord. The policy(s) Said liability insurance shall name Landlord, be primary and not contributing to any person, firms or corporations designated by insurance available to Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The Landlord's insurance shall be in an excess thereto. If, during the Lease Term, in the considered opinion of Landlord's lender, insurance company licensed by advisor, or counsel, the State of Florida and a copy of the policy or a certificate amount of insurance shall be delivered described in this Paragraph 15 is not adequate, Tenant agrees to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of increase said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such reasonable amount as Landlord's lender, insurance advisor, or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord counsel shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancedeem adequate.

Appears in 1 contract

Samples: Lease Agreement (Sierra Monitor Corp /Ca/)

Liability Insurance. Tenant shall, during the entire term hereofat Tenant’s expense, obtain and keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of during the term of this Lease, provided that such increase a policy of comprehensive public liability insurance insuring Landlord and Tenant against any liability arising out of the ownership, use, occupancy, maintenance, repair or improvement of the Premises and all areas appurtenant thereto. Such insurance shall not cause the required provide $2,000,000.00 combined single limit for bodily injury and property damage. The limits of coverage to exceed those then commonly prevailing in said insurance shall not, however, limit the marketplace liability for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlordthe Tenant hereunder, and Tenant as insured, and shall contain a clause is responsible for ensuring that the insurer will amount of liability insurance carried by Tenant is sufficient for Tenant’s purposes. Tenant may carry said insurance under a blanket policy, providing, however, said insurance by Tenant shall have a Landlord’s protective liability endorsement attached thereto in form and substance satisfactory to Landlord. If Tenant shall fail to procure and maintain said insurance, Landlord may, but shall not cancel or change be required to, procure and maintain same, but at the insurance without first giving the Landlord twenty (20) days prior noticeexpense of Tenant. The insurance Insurance required hereunder shall be in an insurance company licensed by the State of Florida and a copy of the policy companies rules A+AAA or a certificate of insurance better in “Best’s Insurance Guide’’. Tenant shall be delivered deliver to Landlord prior to the commencement occupancy of the term Premises copies of this Leasepolicies of liability insurance required herein or certificates evidencing the existence and amounts of such insurance with evidence satisfactory to Landlord of payment of premiums. In no event No policy shall be cancelable are subject to reduction of coverage except after fifteen (15) days’ prior written notice to Landlord. Tenant acknowledges and agrees that insurance coverage carried by Landlord will not cover Tenant’s property within the limits of said insurance policies be considered as limiting Premises or the liability of Tenant under this Lease. In the event Complex and that Tenant shall fail to obtain or maintain in full force be responsible, at Tenant’s sole cost and effect any expense, for providing insurance coverage required to be obtained by Tenant under this Leasefor Tenant’s movable equipment, Landlord may procure same from insurance carriers as Landlord may deem properfurnishings, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carriertrade fixtures and other personal property in or upon the Premises or the Complex, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency alterations, additions or failure improvements to or of coverage with regard to such insurance the Premises or any loss to Tenant occasioned therebypart thereto made by Tenant, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless event of damage or loss thereof from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancecause whatsoever.

Appears in 1 contract

Samples: Office Lease (Eidos PLC)

Liability Insurance. Tenant shall, during at its sole cost and expense, procure and maintain through the entire term hereof, keep in full force and effect Lease Term Commercial General Public Liability insurance against claims for bodily injury or death and public liability property damage occurring in or upon or resulting from the Premises, such insurance to insure both Tenant and, as an additional named insured, Landlord and its officers, employees and agents, to be in an amount standard form, to be issued by such insurance company or companies as may have a Best's Insurance rating of A-IX or better, and to afford immediate protection, to the limit of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury 3,000,000 in respect of any one accident or occurrence, and accident, respectively; property damage insurance in an amount to the limit of not less than ONE HUNDRED THOUSAND DOLLARS $500,000 for property damage, with not more than $5,000 deductible. Such Commercial General Public Liability insurance shall include Blanket Contractual Liability coverage which insures contractual liability under the indemnification of Landlord by Tenant set forth in this Lease ($100,000but such coverage or the amount thereof shall in no way limit such indemnification); . Tenant shall maintain with respect to each policy or agreement evidencing such Commercial General Public Liability insurance and worker’s compensation each policy or agreement evidencing the insurance required pursuant to Paragraph 18 above, such endorsements as may be required by Landlord and shall at all times deliver and maintain with Landlord a duplicate original or certified copy of such policies or a certificate with respect to such insurance in form satisfactory to Landlord. Tenant shall obtain a written obligation on the maximum amount permitted under Florida law. part of each insurance company to notify Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty at least fifteen (2015) days prior noticeto cancellation of such insurance. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy Such policies or a certificate duly executed certificates of insurance relating thereto shall be delivered to Landlord prior to the commencement Tenant's occupancy of the term Premises and renewals thereof as required shall be delivered to Landlord at least thirty (30) days prior to the expiration of this Leasethe respective policy terms. In no event shall If Tenant fails to comply with the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail foregoing requirements relating to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Leaseinsurance, Landlord may procure same from insurance carriers as Landlord may deem propermay, irrespective that a lesser premium for following ten (10) days written notice to Tenant, obtain such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand to Landlord within thirty (30) days of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required receipt of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, an invoice the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancepremium cost thereof.

Appears in 1 contract

Samples: Crossroads Systems Inc

Liability Insurance. Tenant shallI understand that anyone operating the vehicle as permitted by this Agreement will be afforded coverage with a liability insurance Policy the (“Policy”), during the entire term hereofmade available by you through third party insurers, keep in full force and effect against liability for causing bodily injury and public liability insurance or death to others or damaging the property of someone other than the operator and/or the Renter only up to the minimum financial responsibility limits required by applicable law of the State in an amount not less than FIVE HUNDRED THOUSAND DOLLARS which I picked up the vehicle ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000the “Required Minimum Amount”); and worker’s compensation insurance in . Where the maximum amount permitted under Florida law. Landlord may require such insurance law extends coverage to be increased after a non-permitted operator, the first five years same limits will apply. I understand and agree that you can provide coverage under a certificate of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms self-insurance or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida policy, or both, as you choose. In any case, I acknowledge and agree that a copy of the policy or a Policy and/or certificate of insurance shall be delivered to Landlord prior to has been made available for my inspection at the commencement of office from which I picked up the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Leasevehicle. In the event that Tenant of any inconsistency or conflict between the terms of the Policy and this Agreement, the terms of the Policy shall fail to obtain or maintain in full force be deemed controlling and effect any insurance coverage required shall supersede the terms of this Agreement, which Agreement shall be deemed amended so as to be obtained consistent with the terms of the Policy. Without limitation to the foregoing, I understand and agree that the coverage provided by Tenant under the Policy is subject to all of the conditions and exclusions of a standard vehicle liability insurance policy, including all requirements as to notice and cooperation on my part, all of which are made a part of this LeaseAgreement. THE FOREGOING INSURANCE COVERAGE PROVIDED BY YOU WILL BE EXCESS OVER ANY APPLICABLE INSURANCE AVAILABLE TO ME OR ANY OTHER OPERATOR, Landlord may procure same from insurance carriers as Landlord may deem properFROM ANY OTHER SOURCE, irrespective WHETHER PRIMARY, EXCESS, SECONDARY OR CONTINGENT IN ANY WAY. I understand and agree that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such my own motor vehicle insurance or credit card agreement may cover any damage or loss to Tenant occasioned therebythe Vehicle. IN THIS REGARD, and additionallyI UNDERSTAND THAT I AM RESPONSIBLE FOR ALL DAMAGES OR LOSSES I CAUSE TO OTHERS AND THAT I AGREE TO PROVIDE LIABILITY, COLLISION AND COMPREHENSIVE INSURANCE COVERING ME, YOU AND THE VEHICLE AND THAT MY INSURANCE IS PRIMARY TO THE POLICY AND ANY OTHER INSURANCE YOU MAY MAINTAIN. I understand that you will not provide (i) coverage for fines, penalties, punitive or exemplary damages; (ii) coverage for bodily injury to, or death of, me while not an operator, or any member of my family or the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenantoperator’s failure to maintain such insurance.family;

Appears in 1 contract

Samples: Eaglerider Australia Terms and Conditions

Liability Insurance. Tenant shall, shall maintain in effect at all times during the entire term hereofof the Lease and any extension thereof a "Commercial General Liability insurance" policy (Insurance Services Office form title), keep providing coverage on an "occurrence," rather than on a "claims made" basis, which policy shall include, but not be limited to, coverage for Bodily Injury, Property Damage, Personal Injury, Contractual Liability (applying to this Document), Independent Contractors, and Products-Complete Ozerations liability, or an equivalent form (or forms), so long as such eauivalent form (or forms) affords coverage which is at least as broad. An Insurance Sez-vices Office "Comprehensive General Liability" policy which includes a Broad Form Endorsement GL 0404 (Insurance Services Office designation) shall be considered to be an acceptable equivalent policy form. Such policy shall name Lessor as an Additional Insured thereunder. Tenant agrees to maintain at all times during the term of this Lease and any extensions thereof, a combined liability policy limit of at least $2,000,000.00 each occurrence applying to liability for Bodily Injury, Personal Injury, and Property Damage, WHICH combined limit may be satisfied by the limit afforded under its Commercial General Liability Policy, or equivalent policy, or by such policy in combination with the limits afforded by an Umbrella or Excess Liability Policy (or policies); provided, that the coverage afforded under any such Umbrella or Excess Liability Policy is at least as broad in all material respects as that afforded by the underlying Commercial General Liability Policy (or equivalent underlying policy), and further, that Lessor is included as an Additional Insured thereunder. Such Comprehensive General Liability Policy and Umbrella or Excess Liability Policy (or policies) may provide aggregate limits for some or all of the coverages afforded thereunder, so long as such aggregate limits have not, as of the beginning of the lease term or at any time during the lease term, been reduced to less than the total required each occurrence limit stated above, and further, that the Umbrella or Excess Liability Policy provides coverage from the point that such aggregate limits in underlying Umbrella or Excess Liability Policy which "drops down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible or "retention" amount shall be acceptable in this regard so long as such deductible or "retention" amount does not cause Tenan-t's total deductible or retention for each occurrence to exceed the amount shown in the provision immediately below. Tenant's liability insurance coverage may be subject to a deductible, "retention" or "participation" provision) requiring the Tenant to remain responsible for a stated amount or percentage of each covered loss; provided, however, that such deductible, retention, or participation amount shall not exceed $5,000.00 each occurrence. At least 10 days prior to the beginning of the term, Tenant shall provide Lessor with evidence that the insurance coverage required under this paragraph will be in full force and effect bodily injury and public liability at the beginning of the term. At least 10 days prior to termination of any such coverage, Tenant shall provide Lessor with evidence that such coverage will be renewed or replaced upon termination with insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage that complies with these provisions. Such evidence of insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance shall be in the maximum amount permitted under Florida law. Landlord form of a standard certificate of Insurance, or in such other form as Lessor may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insuredreasonably request, and shall contain sufficient information to allow Lessor to determine whether there is compliance with these provisions. At the request of Lessor, Tenant shall, in addition to providing such evidence of insurance, promptly furnish lessor with a clause complete (and if so requested, insurer-certified) copy of each insurance policy intended to provide coverage required hereunder. All such policies shall be endorsed to require that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered Insurer provide at least 60-day notice to Landlord Lessor prior to the commencement effective date of the term policy cancellation, nonrenewal, or material adverse change in coverage terms. All policies of insurance required under this Leaseparagraph shall be issued by financially responsible insurers, and all such insurers must be acceptable to Lessor. Such acceptance by Lessor shall not be unreasonably withheld or delayed. An insurer with a current A.M. Best Company rating of at least A:VII shall be conclusively deemed to be acceptable. In no event all other instances, Lessor shall have 1O business days from the limits date of said receipt of Tenant's evidence of insurance policies be considered as limiting the liability to advise Tenant in writing of Tenant under this Lease. In the event any insurer that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurance.is not

Appears in 1 contract

Samples: Indenture (Aetrium Inc)

Liability Insurance. Tenant shallTHE ARCHITECT shall maintain a policy for general liability insurance, during the entire term hereof, keep in full force automobile liability and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Leaserequired by law, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed approved by the State of Florida and a copy of the policy or a certificate Regents' Representative. Proof of insurance shall be delivered to Landlord prior the Regents' Representative. The professional liability will be no less than Five Hundred Thousand Dollars ($500,000.00), and the Architect will provide a Certificate of Insurance to the commencement Regents' Representative. HOLD HARMLESS To the maximum extent permitted by law, the Architect hereby agrees to indemnify and hold Owner and its officers and employees harmless for, from and against all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the term Architect and other persons employed or utilized by the Architect, including its consultants, in the performance of the Agreement. OWNERSHIP OF DOCUMENTS BEFORE RECEIVING ITS FINAL PAYMENT, THE ARCHITECT shall deliver to the Regents Representative documents described in Paragraphs 4 and 5. The Regents shall have unlimited rights, for the benefit of the Regents, in all drawings, designs, specifications, architectural designs of buildings and structures, notes and other architect-engineer work produced in the performance of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain contract, or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carriercontemplation thereof, and Tenant all as-built drawings produced after completion of the work, including the right to use same on any other Regents' work without additional cost to the Regents; and with respect thereto the Architect agrees to and does hereby grant to the Regents royalty-free license to all such data which he may covet by copyright and to all architectural designs as to which he may assert any rights or establish any claim under the design patent or copyright laws. The Architect shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner not be liable to Tenant for any insufficiency or failure damages as a result of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, reuse by Regents of the procurement of such insurance by Landlord contract documents. The Regents shall not relieve Tenant have the right to sell the drawings and specifications. The Architect shall be permitted to reuse minor parts of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specifieddrawings for other projects, and Tenant but shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancenot use them substantially as a whole without the Regents written permission.

Appears in 1 contract

Samples: The Agreement

Liability Insurance. Tenant Lessee shall, at Lessee's expense, procure and maintain at all times during the entire term hereofTerm of this Lease, keep in full force and effect bodily injury and a policy of comprehensive public liability insurance insuring Lessor and Lessee against any liability &rising out of the ownership, use, occupancy, or maintenance of the Premises and appurtenant areas. Such insurance shall at all times be in an the amount not less than FIVE HUNDRED THOUSAND DOLLARS one million ($500,0001,000,000.00) / ONE MILLION DOLLARS dollars per occurrence and one million ($1,000,0001,000.000.00) per dollars aggregate for any and all bodily injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida lawlosses. Landlord may require The limits of such insurance coverage shall not limit the liability of Lessee. If the Premises are part of a larger property, said insurance shall have a Lessor's protective liability endorsement attached hereto, All insurance required hereunder shall be with companies rated AAA or better in Best's Insurance Guide. Lessee shall deliver to be increased after Lessor Certificates of Insurance evidencing the first five years existence and amounts of the term of this Leasesuch insurance with loss payable clauses satisfactory to Lessor, provided that in the event Lessee fails to procure same at Lessee's expense after ten (10) days prior written notice. No such increase policy shall not cause the required limits be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to exceed those then commonly prevailing Lessor by the insurer. All such policies shall be written as primary policies, not contributing with and not in excess of coverage which the marketplace for similar situationsLessor may carry. The policy(s) shall name LandlordLessee shall, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord within twenty (20) days prior notice. The to the expiration of such policies, furnish Lessor with renewals or binders or Lessor may order such insurance and charge the cost to Lessee, which amount shall be in an insurance company licensed payable by Lessee upon demand. Lessee shall have the State of Florida and a copy of the policy or a certificate of insurance shall be delivered right to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for provide such insurance coverage may have been pursuant to blanket polices obtained from another insurance carrierby Lessee, provided such blanket polices expressly afford coverage to the Premises and Tenant shall pay to Lessee as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended required by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLease.

Appears in 1 contract

Samples: Lease Agreement (Western Goldfields Inc)

Liability Insurance. (a) Tenant shall, during the entire term hereof, shall obtain and keep in full force and effect bodily injury (i) an “all risk” insurance policy for all improvements made by Tenant to the Premises (including, without limitation, Tenant’s Alterations), to the extent that such improvements are above “Premises standard” (examples of which are set forth in Article 9(a) hereof) and public Tenant’s property at the Premises, and (ii) a policy of commercial general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in on an amount not less than ONE HUNDRED THOUSAND DOLLARS occurrence basis, with a broad form contractual liability endorsement. Such policies shall provide that Tenant is named as the insured. Landlord, Landlord’s managing agent, and any ground lessors and any mortgagees ($100,000); and worker’s compensation whose names shall have been furnished to Tenant) shall be named as additional insured, as their respective interests may appear with respect to the insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage required to be increased after carried pursuant to clause (i) above, and to the first five years extent of the term of this Lease, provided that such increase named insured’s negligence with respect to the insurance required to be carried pursuant to clause (ii) above. Such policy with respect to clause (ii) above shall not cause include a provision under which the required limits of coverage insurer agrees to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name indemnify and hold Landlord, any personLandlord’s managing agent, firms or corporations designated by Landlord’s agent and such lessors and mortgagees harmless from and against, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered subject to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability set forth in this Article 13(a), all cost, expense and liability arising out of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlordbased upon, any and all premiumsclaims, costsaccidents, charges injuries and expenses incurred damages mentioned in Article 38(c) hereof. In addition, the policy required to be carried pursuant to clause (ii) above shall contain a provision that (a) no act or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required omission of Tenant hereundershall affect or limit the obligation of the insurer to pay the amount of any covered loss sustained, and (b) the policy shall provide that Landlord shall receive at least thirty (30) days’ written notice of any-cancellation thereof. The policy required pursuant to this Article 13 shall be for a combined single limit with respect to each occurrence in no manner an amount of $3,000,000 for injury (or death) to personal and damage to property, which amount may be liable increased (not more frequently than one (1) time in every three (3) years) to that amount of insurance which in Landlord’s reasonable judgment is then being customarily required by prudent landlords of first class demised premises in New Haven County of tenants having substantially similar office or ancillary uses to those of Tenant. All insurance required to be carried by Tenant for pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers licensed to do business in the State of Connecticut, and rated in Best’s Insurance Guide, or any insufficiency successor thereto (or if there be none, an organization having a national reputation) as having a general policy holder rating of “A” and a financial rating of at least “XIII”. No failure on Tenant’s part to maintain any of coverage with regard the insurance required pursuant to this Article 13 shall vitiate Tenant’s liability to indemnify Landlord and all other parties named herein as additional insureds from and against all claims, damages, loss, liability and expense which would otherwise have been covered by such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancecoverage.

Appears in 1 contract

Samples: Lease (Replidyne Inc)

Liability Insurance. From the Commencement Date until the expiration of this Lease, Tenant shall, during the entire term hereof, shall carry and keep in full force and effect bodily injury at all times for the protection of Landlord and public Tenant, comprehensive general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury for bodily injury, death, and accidentdamage to the property of others, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); including Tenant's legal liability for Tenant's indemnification obligations owed to Landlord under Sections 9.01 and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term 12.01 of this Lease, provided that such increase shall not cause the required with minimum limits of coverage of at least $2,000,000 for each occurrence of property damage and bodily injury with an aggregate of $5,000,000. Notwithstanding the foregoing, Landlord shall have the right to exceed those then commonly prevailing require Tenant to increase the minimum limits of coverage set forth above, from time to time, to the standard limits of coverage required for comparable property in the marketplace Hudson, New Hampshire area. During the Prime Term or any Additional Term of the Lease, Landlord shall maintain property insurance on the Premises, excluding coverage of all Tenant's personal property located on or in the Premises. Such insurance shall also include insurance against loss of rents, in an amount equal to the Rent and Additional Rent, and any other sums payable under the Lease, for similar situationsa period of at least twelve (12) months commencing on the date of loss. The policy(s) Such insurance shall name Landlord, any person, firms or corporations designated by Landlord, and Landlord as named insured. Tenant as insured, and shall contain a clause that the insurer will not cancel or change reimburse Landlord for the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered as Additional Rent pursuant to Landlord prior to the commencement of the term Section 3.02 of this Lease. In no event shall If the limits insurance premiums are increased after the Commencement Date due to an increase in the value of said insurance policies be considered as limiting the liability Premises or its replacement cost, or due to Tenant's use of Tenant under this Lease. In the event that Tenant shall fail to obtain Premises or maintain in full force and effect any insurance coverage required to be obtained improvements installed by Tenant under this LeaseTenant, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, shall notify Tenant in writing and Tenant shall pay as additional rent, upon demand such increase within ten (10) days of Tenant's receipt of Landlord's written notice of such increase. If, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunderhowever, Landlord elects to maintain a policy or policies of terrorism insurance on the Premises, Tenant shall in no manner not be liable required to Tenant reimburse Landlord for any insufficiency or failure of coverage with regard premiums allocable to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancepolicies.

Appears in 1 contract

Samples: Lease Agreement (Benchmark Electronics Inc)

Liability Insurance. Tenant shallshall procure at Tenant’s sole cost and expense and keep in effect from the date of this Lease and at all times until the end of the Term either Comprehensive General Liability insurance or Commercial General Liability insurance applying to the use and occupancy of the Premises and the Building, and any part of either, and any areas adjacent thereto, and the business operated by Tenant, or by any other occupant on the Premises. Such insurance shall include Broad Form Contractual Liability insurance coverage insuring all of Tenant’s indemnity obligations under this Lease. Such coverage shall have a minimum combined single limit of liability of at least two million dollars ($2,000,000.00), and a general aggregate limit of five million dollars ($5,000,000.00). All such policies shall be written to apply to all bodily injury, property damage or loss, personal injury and other covered loss, however occasioned, occurring during the entire term hereofpolicy term, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage shall be endorsed to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by add Landlord, and Tenant Landlord’s lenders and/or joint venture partners and the officers, agents and employees of each of the foregoing entities, and any party holding an interest to which this Lease may be subordinated as an additional insured, and shall provide that such coverage shall be primary and that any insurance maintained by Landlord shall be excess insurance only. Such coverage shall also contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty endorsements: (20i) days prior noticedeleting any employee exclusion on personal injury coverage; (ii) including employees as additional insureds; (iii) deleting any liquor liability exclusion; and (iv) providing for coverage of employer’s automobile non-ownership liability. The All such insurance shall be in provide for severability of interests; shall provide that an insurance company licensed by the State act or omission of Florida and a copy one of the named insureds shall not reduce or avoid coverage to the other named insureds; and shall afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy or a certificate of insurance period. Said coverage shall be delivered to Landlord prior to written on an “occurrence” basis, if available. If an “occurrence” basis form is not available, Tenant must purchase “tail” coverage for the commencement most number of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrieryears available, and Tenant shall pay tenant must also purchase “tail” coverage if the retroactive date of an “occurrence” basis form is changed so as additional rentto leave a gap in coverage for occurrences that might have occurred in prior years. If a “claims made” policy is ever used, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by the policy must be endorsed so that Landlord in obtaining such insurance. Notwithstanding shall procure insurance is given the right to purchase “tail” coverage required of Tenant hereunder, Landlord shall in no manner be liable to should Tenant for any insufficiency reason not do so or failure if the policy is to be canceled for nonpayment of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancepremium.

Appears in 1 contract

Samples: Lease (diaDexus, Inc.)

Liability Insurance. Tenant shall, during the entire term hereof, keep in full force WORKERS' COMPENSATION The University shall take out and effect bodily injury maintain a "claims-made" policy of general liability and public professional liability insurance in an amount (including personal injury with limits not less than FIVE HUNDRED THOUSAND DOLLARS $1 million per loss and damage to property of others up to $5,000 per incident), with extended reporting period of three (3) years, covering Students, and naming LEA as an additional named insured under such insurance policy or policies. Further, University agrees to maintain professional and comprehensive general liability insurance, with no exclusion for molestation or abuse, at a minimum of Five Million Dollars ($500,0005,000,000) / ONE MILLION DOLLARS per occurrence and Twenty-Five Million Dollars ($1,000,00025,000,000) per injury in aggregate throughout the course of this Agreement. Further, University shall provide written notice that should any of the above-described policies be cancelled before the expiration thereof, notice will be delivered in accordance with the policy provisions. University also agrees to maintain statutory Workers' Compensation coverage on Students, any individuals characterized as employees of University and accidentinstructors working at LEA pursuant to this Agreement at all times during the course of this Agreement. University shall provide certificates evidencing all coverage referred to in this Section within thirty (30) days of execution of this Agreement and thereafter, respectively; property damage insurance in on an amount annual basis. If the coverage is ona claims-made basis, University hereby agrees that not less than ONE HUNDRED THOUSAND DOLLARS thirty ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (2030) days prior notice. The to the effective date of termination of University's current insurance coverage or termination of this Agreement, University shall be either purchase three (3) year tail coverage per claim or provide proof of continuous coverage in an insurance company licensed by the State above stated amounts for all claims arising out of Florida incidents occurring prior to termination of University’s current coverage or prior to termination of this Agreement, as applicable, and a copy of the policy or provide LEA a certificate of insurance evidencing such coverage. The LEA shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered named as limiting an additional insured or covered party on the liability of Tenant under this Lease. In coverages maintained by the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrierUniversity set forth above, and Tenant such coverages shall pay as additional rent, upon demand be primary to any coverages maintained by the LEA. Limits of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding liability for each type of liability coverage shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceat least $1 million per claim per occurrence/ $2 million aggregate.

Appears in 1 contract

Samples: www.boarddocs.com

Liability Insurance. Tenant shall, at Tenant's expense, procure and maintain at all times during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this LeaseLease a policy of comprehensive public liability insurance insuring Landlord and Tenant against any liability arising out of the ownership, use, occupancy, or maintenance of the Premises and appurtenant areas. Such insurance shall at all times be in an amount of not less than $300,000.00 for injury to or death of any one person in any one accident or occurrence and in an amount of not less than $500,000.00 for injury to or death of more than one person in any one accident or occurrence, and in amount of not less than $50,000.00 for liability for property damage. The limits of such insurance shall not limit the liability of Tenant, if the Premises are part of a larger property, said insurance shall have a Landlord's Protective Liability endorsement attached hereto. All insurance required hereunder shall be with companies rated AAA or better in "Best's Insurance Guide." Tenant shall deliver to Landlord certificates of insurance evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to Landlord, provided that in the event Tenant fails to procure and maintain such increase insurance, Landlord may (but shall not cause the be required limits to) procure same at Tenant's expense after ten (10) days prior written notice. No such policy shall be cancellable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to exceed those then commonly prevailing Landlord by the insurer. All such policies shall be written as primary policies, not contributing with and not in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving excess of coverage which the Landlord may carry. Tenant shall, within twenty (20) days prior notice. The to the expiration of such policies, furnish Landlord with renewals or binders or Landlord may order such insurance and charge the cost to Tenant, which amount shall be in an payable by Tenant upon demand. Tenant shall have the right to provide such insurance company licensed coverage pursuant to blanket policies obtained by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior Tenant provided such blanket policies expressly afford coverage to the commencement of the term of Premises and to Tenant as required by this Lease. In no event *Amounts of such coverage shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, mutually agreed upon between Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancewriting.

Appears in 1 contract

Samples: Sublease Agreement (Amazon Com Inc)

Liability Insurance. Tenant shall, during the entire term hereofat its own expense, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect during the Lease Term a policy or policies of comprehensive general liability insurance, including property damage carried with a company or companies reasonably satisfactory to Landlord, which will insure Tenant and Landlord against liability for personal injury, bodily injury, death, and damage to property occurring in or about, or resulting from any occurrence in or about, the Premises with combined single limit coverage of not less than Five Million Dollars ($5,000,000). Such comprehensive general liability insurance shall be extended to include "blanket contractual liability" endorsement insuring Tenant's performance of Tenant's obligation to indemnify Landlord contained in Section 10 and all of the other broadened liability features normally contained in an extended liability endorsement. The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord certificates of insurance, endorsements stating Tenant's insurance is primary, evidencing the existence and amounts of such insurance and naming Landlord as an additional insured. In the event Tenant fails to procure and maintain such insurance, Landlord may (but shall not be required to) procure the same at Tenant's expense after thirty (30) days prior written notice. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to Landlord by the insurer. All such policies shall be written as primary policies, not contributing with and not in excess of coverage which Landlord may carry. Tenant shall, prior to the expiration of such policies, furnish Landlord with renewals or binders. Tenant shall have the right to provide such insurance coverage required pursuant to be blanket policies obtained by Tenant under provided such blanket policies expressly afford coverage to the Premises and to Landlord as required by this Lease. Landlord shall maintain, at its sole cost and expense, a policy or policies of comprehensive general liability insurance insuring Landlord may procure same (and such others as are designated by Landlord) against liability for personal injury, bodily injury, death, and damage to property occurring or resulting from insurance carriers an occurrence in, on or about the Premises, with combined single limit coverage of not less than Five Million Dollars ($5,000,000), or such greater coverage as Landlord may deem proper, irrespective that a lesser premium from time to time determine is reasonably necessary for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceprotection.

Appears in 1 contract

Samples: Lease Agreement (Mission West Properties/New/)

Liability Insurance. Tenant shall, during the entire term hereof, shall obtain at its own expense and keep in full force and effect bodily injury and public during the Term, (1) a policy of commercial general liability insurance (including, without limitation, insurance covering Tenant's contractual liability under this Lease) (and, if the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy, Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter in such amounts as Landlord may reasonably require), under which Tenant is named as the insured, and Landlord, Landlord's managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees specified by Landlord, from time to time, as additional insureds and insuring the same against all liability for injury to or death of a person or persons or damage to property arising from the use and occupancy of the Premises and (without implying any consent by Landlord to the installation thereof) the installation, operation, maintenance, repair or removal of any of Tenant's equipment or other property that may be located on or about the Premises (other than inside the Premisesand (2) worker's compensation insurance. Such policy shall contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) days written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) 3,000,000.00 per injury and accidentoccurrence or such greater amount as Landlord may, respectively; from time to time, reasonably require. Tenant shall also maintain property damage insurance in an the amount not less than ONE HUNDRED THOUSAND DOLLARS (of $100,000); and worker’s 1,000,000.00 per occurrence. Tenant shall also maintain at its own expense during the Term a policy of workers' compensation insurance in providing statutory benefits for Tenant's employees and employer's liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the maximum amount permitted under Florida law. Landlord may require such termination of any existing policy, a certificate evidencing the effectiveness of the insurance coverage policies required to be increased after maintained hereunder which shall include the first five years named insured, additional insured, carrier, policy number, limits of liability, effective date, the name of the term insurance agent and its telephone number. Tenant shall provide Landlord with a complete copy of this Lease, any such policy upon written request of Landlord. Tenant shall be permitted to obtain the insurance required hereunder pursuant to a blanket policy covering other properties provided the blanket policy contains an endorsement that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name names Landlord, any personLandlord's managing agent and/or designees specified by Landlord from time to time, firms or corporations designated by Landlordas additional insureds, references the Premises, and Tenant as insured, and guarantees a minimum limit available for the Premises equal to the amount of insurance required to be maintained hereunder. Each policy required hereunder shall contain a clause that the insurer will not cancel or change policy and the coverage evidenced thereby shall be primary with respect to any policies carried by Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance without first giving the Landlord twenty (20) days prior notice. The insurance required under this subsection shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New York, rated in Best's Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policyholder rating of "A+:XII" or better and otherwise reasonably satisfactory to Landlord. In the event that Tenant shall fail fails to obtain or continuously maintain in full force and effect any insurance coverage as required to be obtained by Tenant under this Leasesubsection, Landlord may procure same from insurance carriers as Landlord may deem propermay, irrespective that a lesser premium for at its option and without relieving Tenant of any obligation hereunder, order such insurance coverage may have been obtained from another insurance carrierand pay for the same at the expense of Tenant. In such event, and Tenant shall pay as additional rent, upon demand of repay the amount expended by Landlord, any and all premiumswith interest thereon, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceimmediately upon Landlord's written demand therefor.

Appears in 1 contract

Samples: Agreement of Lease (Snap Interactive, Inc)

Liability Insurance. Tenant shallshall procure at Tenant's sole cost and expense and keep it effect from the date of this Lease and at all times until the end of the Term either Comprehensive General Liability Insurance or Commercial General Liability Insurance applying to the use and occupancy of the Premises and the Building, and any part of either and any areas adjacent thereto, and the business operated by Tenant, or by any other occupant on the Premises. Such insurance shall include Broad Form Contractual Liability Insurance coverage insuring all of Tenant's indemnity obligations under this Lease. Such coverage shall have a minimum combined single limit of at least Two Million Dollars ($2,000,000.00), and a general aggregate limit of Three Million Dollars ($3,000,000.00). All such policies shall be written to apply to all bodily injury, property damage or loss, personal injury and other covered loss, however occasioned, occurring during the entire term hereofpolicy term, keep in full force shall be endorsed to add Landlord and effect bodily injury and public liability insurance in any party holding an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in interest to which this Lease may be subordinated as an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as additional insured, and shall provide that such coverage shall be primary and that any insurance maintained by Landlord shall be excess insurance only. Such coverage shall also contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty endorsements: (20i) days prior noticedeleting any employee excursion on personal injury coverage; (ii) including employees as additional insureds; (iii) deleting any liquor liability exclusion; and (iv) providing for coverage of employer's automobile non-ownership liability. The All such insurance shall be in provide for severability of interests; shall provide that an insurance company licensed by the State act or omission of Florida and a copy one of the named insured shall not reduce or avoid coverage to the other named insureds and shall afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy or a certificate of insurance period. Said coverage shall be delivered to Landlord prior to written on an "occurrence" basis, if available. If an "occurrence" basis form is not available. Tenant must purchase "tail" coverage for the commencement most number of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrieryears available, and Tenant shall pay must also purchase "tail" coverage if the retroactive date of an "occurrence" basis form is changed so as additional rentto leave a gap in coverage for occurrences that might have occurred in prior years. If a "claims make" policy is ever used, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by the policy must be endorsed so that Landlord in obtaining such insurance. Notwithstanding shall procure insurance is given the right to purchase "tail" coverage required of Tenant hereunder, Landlord shall in no manner be liable to should Tenant for any insufficiency reason not do so or failure if the policy is to be canceled for nonpayment of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancepremium.

Appears in 1 contract

Samples: Sublease (Spectrian Corp /Ca/)

Liability Insurance. Tenant shall, during the entire term hereof, shall obtain at its own expense and keep in full force and effect bodily injury and public during the Term (or such earlier date that Tenant enters into or takes possession of the Premises, or any part thereof), a policy of commercial general liability insurance (including, without limitation, insurance covering Tenant's contractual liability under this Lease), under which Tenant is named as the insured, and Landlord, Landlord's managing agent, the present and any future mortgagee of the Real Property or the Building and/or such other designees reasonably specified by Landlord from time to time, are named as additional insureds (Tenant acknowledging and agreeing to the reasonableness of the inclusion of the parties listed in the Insurance Requirements of Schedule C as additional insured parties in Tenant's insurance policies). The certificate of insurance shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first endeavoring to give Landlord at least thirty (30) days written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than FIVE HUNDRED THOUSAND DOLLARS $5,000,000 for injury ($500,000or death) / ONE MILLION DOLLARS and damage to property or such greater amount as Landlord may, from time to time, reasonably require, provided such increases are commercially reasonable for comparable lease space ($1,000,000including comparable businesses) per injury and accidentin midtown Manhattan (provided Landlord agrees not to increase such limits during the initial thirty-six (36) calendar months of the Term). Tenant shall also maintain at its own expense during the Term (or such earlier date that Tenant enters into or takes possession of the Premises, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s or any part thereof) a policy of workers' compensation insurance providing statutory benefits for Tenant's employees and employer's liability. Tenant shall provide to Landlord prior to taking possession of the Premises at least thirty (30) days prior to the termination of any existing policy, a certificate of insurance evidencing the effectiveness of the insurance policies required to be maintained hereunder which shall include the named insured, additional insured, carrier, policy number, limits of liability, effective date, the name of the insurance agent and its telephone number. Following the occurrence of any event that may give rise to an insurance claim or dispute, Tenant shall provide Landlord with a complete copy, or all relevant portions, of any such policy upon written request of Landlord. Tenant shall have the right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties provided the blanket policy contains an endorsement that names Landlord, Landlord's managing agent and/or designees reasonably specified by Landlord from time to time, as additional insureds (Tenant acknowledging and agreeing to the reasonableness of the inclusion of the parties listed in the maximum Insurance Requirements of Schedule C as additional insured parties in Tenant's insurance policies), references the Premises, and guarantees a minimum limit available for the Premises equal to the amount permitted under Florida law. Landlord may require of insurance required to be maintained hereunder, or alternatively such insurance coverage to may be increased after the first five years of the term of this Lease, provided that such increase shall not cause the maintained in traunches with different insurance carriers. Each policy required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and hereunder shall contain a clause that the insurer will not cancel or change policy and the coverage evidenced thereby shall be primary with respect to any policies carried by Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance without first giving the Landlord twenty (20) days prior notice. The insurance required under this subsection shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New York, and rated in Best's Insurance Guide, or any successor thereto (or if there be none, an organization having a national reputation) as having a general policyholder rating of "A-" and a financial rating of at least "10". In the event that Tenant shall fail fails to obtain or continuously maintain in full force and effect any insurance coverage as required to be obtained by Tenant under this Leasesubsection, Landlord may procure same from insurance carriers as Landlord may deem propermay, irrespective that a lesser premium for at its option and without relieving Tenant of any obligation hereunder, order such insurance coverage may have been obtained from another insurance carrierand pay for the same at the expense of Tenant. In such event, and Tenant shall pay as additional rent, upon demand of repay the amount expended by Landlord, any and all premiumswith interest thereon, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceimmediately upon Landlord's written demand therefor.

Appears in 1 contract

Samples: Agreement of Lease (Lazare Kaplan International Inc)

Liability Insurance. Tenant shall, Lessee shall maintain in force during the entire term hereofof this Lease Premises and Operations coverage, keep including personal injury, broad form property damage, blanket contractual, completed operations, independent contractors coverage, aircraft liability, hangar keepers liability and owned and nonowned and hired automobiles, with such coverage and limits as may be reasonably requested by the Port from time to time, but in full force no event for less than the sum of FIVE MILLION DOLLARS ($5,000,000) combined single limit, except that the blanket contractual, completed operations and effect bodily injury and public hangarkeepers liability insurance in an amount shall have limits of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury ); and accident, respectively; property damage Lessee agrees that the Port shall be named as an additional insured under such liability insurance policy or policies. Fire Legal Liability insurance in an the amount not less than of ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance ) will also be required. All such policies shall be endorsed with a severability of interest or cross-liability endorsement, reading generally as follows: CROSS-LIABILITY - In the event of one of the assureds incurring liability to any other of the assureds, this policy shall cover the assured against whom claim is or may be made in the maximum amount permitted under Florida lawsame manner as if separate policies had been issued to each assured. Landlord may require Nothing contained herein shall operate to increase underwriters' limit of liability. NATIONAL AIRMOTIVE CORPORATION TEST CELLS LEASE - 23 - 29 A certificate or certificates, in a form reasonably satisfactory to the Port, evidencing such insurance coverage to shall be increased after filed with the first five years Secretary of the term Board of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord Port Commissioners prior to the commencement of the term of this Lease. In no event , and said certificate(s) shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event provide that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage will not be canceled or reduced without at least thirty (30) days' prior written notice to the Secretary of said Board. Prior to the expiration of any such policy, a certificate showing that such insurance coverage has been renewed or extended shall be filed with the Secretary of said Board; provided that in the event a policy renewal certificate is not reasonably available to Lessee prior to said expiration Lessee may have file with the Port on a temporary basis a policy binder of other satisfactory evidence of insurance coverage renewal and shall file the insurance certificate with the Port as soon as the same is available from the insurance carrier. If such coverage is canceled or reduced, Lessee shall, within fifteen (15) days after receipt of written notice from the Port of such cancellation or reduction in coverage but in no event later than the effective date of cancellation or reduction, file with the Secretary of said Board a certificate showing that the required insurance has been obtained from reinstated or provided through another insurance carriercompany or companies. Upon failure to so file such certificate, the Port may without further notice and Tenant shall pay at its option either (1) exercise the Port's rights as additional rentprovided in Paragraph 21 of this Lease ("Defaults") , upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining (2) procure such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord at Lessee's expense and Lessee shall in no manner be liable to Tenant promptly reimburse the Port for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceexpense.

Appears in 1 contract

Samples: First Aviation Services Inc

Liability Insurance. Tenant shall, during the entire term hereof, Owner shall obtain and keep in full force adequate insurance against physical damage (e.g., fire with extended coverage endorsement, boiler and effect bodily machinery, etc.) and against liability for loss, damage, or injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; to property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years or persons which might arise out of the term occupancy, management, operation, or maintenance of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situationsPremises. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, amounts and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate types of insurance shall be delivered acceptable to Landlord prior both Owner and Agent, and any deductible required under such insurance policies shall be Owner’s expense. Agent shall be covered as an additional insured on all liability insurance maintained with respect to the commencement Premises. Liability insurance shall be adequate to protect the interests of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain both Owner and Agent and in full force and effect any insurance coverage required to be obtained by Tenant under this Leaseform, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carriersubstance, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insuranceamounts reasonably satisfactory to Agent. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable Owner agrees to Tenant for any insufficiency or failure of coverage furnish Agent with regard to certificates evidencing such insurance or with duplicate copies of such policies within 30 days of the execution of this Agreement. If Owner fails to do so, Agent may, but shall not be obligated to, place said insurance and charge the cost thereof to the Operating (and/or) Reserve Account(s). Said Policies shall provide that notice of default or cancellation shall be sent to Agent as well as Owner and shall require a minimum of 30 days’ written notice to Agent before any loss cancellation of or changes to Tenant occasioned therebysaid policies. AGENT ASSUMES NO LIABILITY Agent assumes no liability whatsoever for any acts or omissions of Owner, or any previous owners of the Premises, or any previous management or other agent of either. Agent assumes no liability for any failure of or default by any tenant in the payment of any rent or other charges due Owner or in the performance of any obligations owed by any tenant to Owner pursuant to any lease or otherwise. Nor does Agent assume any liability for previously unknown violations of environmental or other regulations which may become known during the period this Agreement is in effect. Any such regulatory violations or hazards discovered by Agent shall be brought to the attention of Owner in writing, and additionallyOwner shall promptly cure them. OWNER RESPONSIBLE FOR ALL EXPENSES OF LITIGATION Owner shall pay all expenses incurred by Agent, including, but not limited to, reasonable attorneys’ fees and Agent’s costs and time, and any liability, fines, penalties or the procurement like, in connection with any claim, proceeding, or suit involving an alleged violation by Agent or Owner, or both, of such insurance by Landlord any law pertaining to fair employment, fair credit reporting, environmental protection, rent control, taxes, or fair housing, including, but not limited to, any law prohibiting or making illegal discrimination on the basis of race, sex, creed, color, religion, national origin, or mental or physical handicap, provided, however, that Owner shall not relieve Tenant of its obligations under this Lease be responsible to maintain insurance coverage Agent for any such expenses in the types and amounts herein specifiedevent Agent is finally adjudged to have personally, and Tenant not in a representative capacity, violated any such law. Nothing contained in this Agreement shall nevertheless hold Landlord harmless from obligate Agent to employ legal counsel to represent Owner in any loss such proceeding or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancesuit.

Appears in 1 contract

Samples: Property Management Agreement

Liability Insurance. Tenant shall, during the entire term hereofLease Term, keep in full force and effect a policy of public liability and property damage insurance with respect to the Premises and the business operated by Tenant in the Premises, with a combined single limit for personal or bodily injury and public liability insurance in an amount property damage of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS One Million Dollars ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) policy shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and Landlord as an additional insured and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty Thirty (2030) days prior days' written notice. The insurance shall be in provided by an insurance company licensed approved by the State of Florida Landlord and a copy of the policy or a certificate of insurance shall be delivered to Landlord. All public liability, property damage and other liability policies shall be written as primary policies, not contributing with and not in excess of coverage which Landlord prior may carry. All such policies shall contain a provision that Landlord, although named as an additional insured, shall nevertheless be entitled to the commencement recover under said policies for any loss occasioned to Landlord, Landlord's employees and/or agents by reason of the term negligence of this LeaseTenant. In no event All such insurance shall specifically insure the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained performance by Tenant under this Lease, Landlord may procure same from of the indemnity agreement as to liability for injury to or death of persons or injury or damage to property as contained in Section 20. Any insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand (whether liability or casualty) required by the terms of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance be carried by Tenant may be carried under a blanket policy (or policies) covering other properties of Tenant or its related or affiliated corporations, or both; provided, however, that Tenant provide Landlord evidence reasonably satisfactory to Landlord that (a) Landlord is named as an additional insured on such policy or policies and (b) the coverage in under such policy or policies is sufficient to cover the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancelimits required herein.

Appears in 1 contract

Samples: Lease Agreement (Software Spectrum Inc)

Liability Insurance. Tenant shallThe Lessor shall throughout the term hereof procure and carry at the expense of Lessee comprehensive Premises liability insurance on the Lot and Building including the Premises with an insurance company authorized to do business in New Hampshire which expenses is incorporated in the list of operating expenses identified on Exhibit C and is to be included in the base rent as set forth in Section 2 of this lease. Lessee shall have the right to review the terms of insurance coverage, during provided, however, upon request to Lessor such insurance shall be carried in the entire term hereofname of and for the benefit of the Lessor and Lessee as their interests may apply, keep in full force but shall be so endorsed as to create the same liability on the part of the insurer as though separate policies had been written for the Lessor and effect Lessee, providing coverage of at least $2,000,000.00 for any single injury coverage and $3,000,000.00 for combined single bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Leaseaggregate. In the event such insurance shall not specifically insure Lessee against any and all liability assumed by it under Section 15 of this lease, Lessee shall procure and maintain the same, at its expense, naming Lessor as additional insured, as well as a policy or policies for any liability imposed by law. The Lessee shall furnish to the Lessor, at its request, a certificate of such insurance which shall provide that Tenant the insurance indicated therein shall not be canceled without at least ten (10) days' written notice to the Lessor and Lessee. In the event Lessee shall at any time fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant perform its obligation under this Leasesection and after giving Lessee 30 days' written notice of such default hereunder, Landlord at the option of the Lessor, the Lessor may procure obtain the insurance for the Lessee, in which event Lessor shall promptly remit to Lessee any invoice for premiums received by it for this insurance and Lessee shall promptly pay the same from insurance carriers as Landlord may deem properdirectly to Lessor within fifteen (15) days of receipt thereof, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand . Upon receipt of Landlord, a copy of notice of cancellation of any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required which is the responsibility of Tenant Lessee hereunder, Landlord the Lessor may pay the premium necessary to reinstate the same. The Lessee shall in no manner be liable to Tenant promptly and immediately repay the Lessor for any insufficiency or failure the cost of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement premium. Payment of such insurance the premium by Landlord Lessor shall not relieve Tenant be deemed a waiver or release by Lessor of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancedefault of Lessee.

Appears in 1 contract

Samples: Indenture of Lease (Pennichuck Corp)

Liability Insurance. Tenant shall, during the entire term hereof, shall obtain and keep in full force a policy of commercial general liability and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount (including but not less than ONE HUNDRED THOUSAND DOLLARS limited to automobile, personal injury, broad form contractual liability, owner's ($100,000); i.e., Tenant's) contractors protective and worker’s compensation insurance in broad form property damage) under which Tenant is named as the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name insured and Landlord, Landlord's agents (limited to those agents directly involved in day to day activities at the Building such as the property management company and/or leasing agent) and any person, firms or corporations designated by lessors and mortgagees (whose names shall have been furnished to Tenant) are named as additional insureds and under which the insurer agrees to indemnify and hold Landlord, its managing agent and Tenant as insuredall applicable lessors and mortgagees harmless from and against all cost, and shall contain a clause that expense and/or liability arising out of or based upon the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term indemnification obligations of this Lease. In The minimum limits of liability shall be a combined single limit with respect to each occurrence of not less than Two Million Dollars ($2,000,000.00). The policy shall, if such is available on a commercially reasonable basis, contain a cross liability endorsement and shall be primary coverage for Tenant and Landlord for any liability arising out of Tenant's and Tenant's Employees' use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall provide that it is primary insurance and not “excess over” or contributory. The policy shall contain a severability of interest clause. At any time upon the request of a mortgagee, or otherwise not more frequently than once in any three (3) Year period, if, in the opinion of any mortgagee, Landlord's lender or of the insurance consultant retained by Landlord, the amount of public liability and property damage insurance coverage at that time is not adequate, Tenant shall increase the insurance coverage as required by either Landlord’s lender or Landlord's insurance consultant; provided however, that in no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained be increased in excess of that which is from another insurance carrier, and Tenant shall pay as additional rent, upon demand time to time being required by comparable landlords of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required comparable tenants leasing comparable amounts of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage space in the types and amounts herein specifiedCharlotte, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceNorth Carolina market area.

Appears in 1 contract

Samples: Lease Agreement (Gramercy Capital Corp)

Liability Insurance. Tenant shall, during the entire term hereof, shall obtain at its own expense and keep in full force and effect bodily injury and public during the Term, a policy of commercial general liability insurance (including, without limitation, insurance covering Tenant's contractual liability under this Lease, under which Tenant is named as the insured, and Landlord, Landlord's managing agent, the present and any future mortgagee of the Real Property or the Building are named as additional insureds. Such policy shall contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained. Such policy shall also contain a provision which provides the insurance company will not cancel or refuse to renew the policy, or change in any material way the nature or extent of the coverage provided by such policy, without first giving Landlord at least thirty (30) days written notice by certified mail, return receipt requested, which notice shall contain the policy number and the names of the insureds and policy holder. The minimum limits of liability shall be a combined single limit with respect to each occurrence in an amount of not less than FIVE HUNDRED THOUSAND DOLLARS $2,000,000 for injury (or death) and $500,000) / ONE MILLION DOLLARS (1,000,000.00 for each person and for damage to property or such greater coverage amounts as Landlord may, from time to time, commercially reasonably require provided such greater coverage amounts are then carried by tenants of similar premises as the Premises in similar office buildings in midtown Manhattan. Such coverage may be maintained by a combined single limit policy in the above coverage amounts and an “umbrella” or excess coverage policy in the amount of $1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s 5,000,000.00. Tenant shall also maintain at its own expense during the Term a policy of workers' compensation insurance in providing statutory benefits for Tenant's employees and employer's liability. Tenant shall provide to Landlord upon execution of this Lease and at least thirty (30) days prior to the maximum amount permitted under Florida law. Landlord may require such termination of any existing policy, a certificate evidencing the effectiveness of the insurance coverage policies required to be increased after maintained hereunder which shall include the first five years named insured, additional insured, carrier, policy number, limits of liability, effective date, the name of the term insurance agent and its telephone number. Tenant shall provide Landlord with a complete copy of this Lease, provided any such policy upon written request of Landlord. Tenant shall have no right to obtain any of the insurance required hereunder pursuant to a blanket policy covering other properties unless the blanket policy contains an endorsement that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name names Landlord, Landlord's managing agent and the present and any personfuture mortgagees of the Real Property or the Building as additional insureds, firms or corporations designated by Landlordreferences the Premises, and Tenant as insured, and guarantees a minimum limit available for the Premises equal to the amount of insurance required to be maintained hereunder. Each policy required hereunder shall contain a clause that the insurer will not cancel or change policy and the coverage evidenced thereby shall be primary with respect to any policies carried by Landlord, and that any coverage carried by Landlord shall be excess insurance. The limits of the insurance without first giving the Landlord twenty (20) days prior notice. The insurance required under this subsection shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting not limit the liability of Tenant under this Lease. All insurance required to be carried by Tenant pursuant to the terms of this Lease shall be effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of New York, and rated in Best's Insurance Guide, or any successor thereto (or if there be none, an insurance company rating organization having a national reputation) as having a general policyholder rating of "A-" and a financial rating of at least "10". In the event that Tenant shall fail fails to obtain or continuously maintain in full force and effect any insurance coverage as required to be obtained by Tenant under this Leasesubsection, Landlord may procure same from insurance carriers as Landlord may deem propermay, irrespective that a lesser premium for at its option and without relieving Tenant of any obligation hereunder, order such insurance coverage may have been obtained from another insurance carrierand pay for the same at the expense of Tenant. In such event, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or repay the amount expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required within ten (10) days of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLandlord's written demand therefor.

Appears in 1 contract

Samples: Agreement of Lease (Harris & Harris Group Inc /Ny/)

Liability Insurance. Tenant shall, during CONTRACTOR shall carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida lawAgreement. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in an insurance company licensed by the State of Florida. CONTRACTOR shall cause the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers made an Additional Insured as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining to such insurance. Notwithstanding Such coverage shall procure be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the State of Florida as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Contract, and may not be shared with or diminished by claims unrelated to this Agreement. The policy/ies and coverage described herein may be subject to a deductible. CONTRACTOR shall pay all deductibles as required by the policy. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention. At all renewal periods which occur prior to final acceptance of Tenant hereunderthe work, Landlord the CITY and the State of Florida shall be provided with an XXXXX Certificate of Liability Insurance reflecting the coverage described herein. The CITY and the State of Florida shall be notified in no manner be liable writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to Tenant for any insufficiency policy or coverage described herein. The CITY’s or the State of Florida’s approval or failure of coverage with regard to such insurance disapprove any policy/ies, coverage, or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord XXXXX Certificates shall not relieve Tenant or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of its obligations under this Lease to maintain insurance coverage in any rights or defenses the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss CITY or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insurancethe State of Florida may have.

Appears in 1 contract

Samples: Contractor’s Agreement

Liability Insurance. Tenant shall, at Tenant's expense, procure and maintain at all times during the entire term hereof, keep in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, a policy of comprehensive public liability insurance insuring Landlord and Tenant against any liability arising out of the ownership, use, occupancy, or maintenance of any Leased Property. Such insurance shall at all time be in an amount of not less than $3,000,000.00. In addition, if Tenant serves liquor at the premises, Tenant shall maintain at least $1,000,000.00 of liquor liability insurance. The limits of such insurance shall not limit the liability of the Tenant. All insurance required under this Section 12 shall be with companies rated A or better in Best's Insurance Guide. Tenant shall deliver to Landlord certificates of insurance evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to Landlord, provided that in the event Tenant fails to procure and maintain such increase insurance, Landlord may (but shall not cause the be required limits to), procure same at Tenant's expense after ten (10) days prior written notice. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to exceed those then commonly prevailing Landlord by the insurer. All such policies shall be written as primary policies, no contributing with and not in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving excess of coverages which the Landlord may carry. Tenant shall, within twenty (20) days prior notice. The to the expiration of such policies, furnish Landlord with renewals or binders or Landlord may order such insurance and charge the cost to the Tenant, which amounts shall be in an insurance company licensed payable by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tent on demand Tenant shall fail have the. right to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for provide such insurance coverage pursuant to blanket policies which the Tenant may have been obtained from another insurance carrier, in force provided such blanket policies expressly afford coverage of any Leased Property and Tenant shall pay to Landlord as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended is required by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceLease.

Appears in 1 contract

Samples: Lease (Fresh N Lite Inc)

Liability Insurance. Tenant shallshall carry public liability insurance in a company or companies licensed to do business in the City of Philadelphia and approved by Landlord. Said insurance shall be in minimum amounts approved by Landlord from time to time (as set forth in the rules and regulations attached hereto as Exhibit C), during the entire term hereofshall name Landlord as an additional insured, keep as its interests may appear, and shall contain an endorsement that such policy shall remain in full force and effect bodily injury and public liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in notwithstanding that the maximum amount permitted under Florida lawinsured has waived his right of action against any party prior to the occurrence of a loss. Landlord may require such insurance coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the If required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated by Landlord, and Tenant as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior notice. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of receipts evidencing payment for said insurance shall be delivered to Landlord at least annually by Tenant. Each policy shall contain an endorsement that will prohibit its cancellation prior to the commencement expiration of fifteen (15) days after notice of such proposed cancellation to Landlord. Services and Utilities 12. It is agreed that the Landlord will furnish reasonably adequate heat and water. The Landlord will also provide elevator service by means of automatically-operated elevators, provided, however, that the Landlord shall have the right to remove elevators from service as the same shall be required for moving freight, or for servicing or maintaining the elevators and/or the Building. The normal hours of operation of the term Building are 8:00 a.m. to 6:00 p.m. Monday through Friday (except legal holidays.) There are no normal hours of operation of the building on Saturdays of Sundays or legal holidays and Landlord shall not be obligated to maintain or operate the Building at such times unless special arrangements are made by Tenant. Landlord will furnish all services and utilities required by this LeaseLease only during the normal hours of operation of the Building, unless otherwise specified herein. In no event One automatically operated elevator shall be subject to call at all times. It is understood and agreed that Landlord shall not be liable for failure to furnish, or for delays, suspensions or reduction in furnishing, any of the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain utilities or maintain in full force and effect any insurance coverage services required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended performed by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required caused by breakdown, maintenance, repairs, strikes, scarcity of Tenant hereunderlabor or materials, Landlord shall in no manner be liable acts of God, Landlord’s conformance to Tenant for any insufficiency governmental legislation, regulation or failure of coverage with regard to such insurance judicial or any loss to Tenant occasioned therebyadministrative orders, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless or from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such insuranceother cause whatsoever. SUBJECT TO THE PROVISIONS OF PARAGRAPH 35 BELOW.

Appears in 1 contract

Samples: Agreement of Lease (SunGard Availability Inc.)

Liability Insurance. During the Lease Term, Tenant, at Tenant’s sole cost and expense, shall maintain a policy of commercial general liability insurance (or its equivalent) insuring Tenant shallagainst liability for bodily injury, during property damage (including loss of use of property) and personal injury arising out of the entire term hereofoperation, keep use or Industrial Lease—Las Vegas, Nevada 0000 X. Xxxxxxx Xxxx. Xxx Xxxxx, Xxxxxx Switch Communications Group, L.L.C. Table of Contents occupancy of the Property. Tenant shall name Landlord as an additional insured under such policy, and Tenant shall provide Landlord with an appropriate “additional insured” endorsement to Tenant’s liability insurance policy (in full force a form acceptable to Landlord) not less than ten (10) business days prior to Tenant’s occupancy of the Property. The initial amount of such insurance shall be Three Million Dollars ($3,000,000.00) per occurrence and effect bodily injury shall be subject to periodic increase based upon inflation, increased liability awards, recommendation of Landlord’s professional insurance advisors and public other relevant factors; provided, however, that such increases shall not exceed those increases imposed by prudent owners of like properties in the Las Vegas metropolitan area. The liability insurance obtained by Tenant under this Section 4.04(a): shall (i) be primary and non-contributing; (ii) contain cross-liability endorsements; (iii) insure Landlord against Tenant’s performance under Section 5.05 below; and (iv) not have a deductible amount in excess of Ten Thousand Dollars ($10,000.00) in Constant Dollars (defined in Section 16.26 below). The amount and coverage of such insurance shall not limit Tenant’s liability nor relieve Tenant of any other obligation under this Lease. Landlord may also obtain commercial general liability insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) / ONE MILLION DOLLARS ($1,000,000) per injury and accident, respectively; property damage insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000); and worker’s compensation insurance in the maximum amount permitted under Florida law. Landlord may require such insurance with coverage to be increased after the first five years of the term of this Lease, provided that such increase shall not cause the required limits of coverage to exceed those then commonly prevailing in the marketplace for similar situations. The policy(s) shall name Landlord, any person, firms or corporations designated determined by Landlord, and Tenant as insuredinsuring Landlord against liability arising out of ownership, and shall contain a clause that operation, use or occupancy of the insurer will not cancel or change the insurance without first giving the Landlord twenty (20) days prior noticeProperty. The insurance shall be in an insurance company licensed by the State of Florida and a copy of the policy or a certificate of insurance shall be delivered to Landlord prior to the commencement of the term of this Lease. In no event shall the limits of said insurance policies be considered as limiting the liability of Tenant under this Lease. In the event that Tenant shall fail to obtain or maintain in full force and effect any insurance coverage required to be obtained by Tenant under this Lease, Landlord may procure same from insurance carriers as Landlord may deem proper, irrespective that a lesser premium for such insurance coverage may have been obtained from another insurance carrier, and Tenant shall pay as additional rent, upon demand of Landlord, any and all premiums, costs, charges and expenses incurred or expended by Landlord in obtaining such insurance. Notwithstanding shall procure insurance coverage required of Tenant hereunder, Landlord shall in no manner be liable to Tenant for any insufficiency or failure of coverage with regard to such insurance or any loss to Tenant occasioned thereby, and additionally, the procurement of such insurance by Landlord shall not relieve Tenant of its obligations under this Lease to maintain insurance coverage in the types be contributory and amounts herein specified, and Tenant shall nevertheless hold Landlord harmless from any loss or damage incurred or suffered by Landlord from Tenant’s failure to maintain such not provide primary insurance.

Appears in 1 contract

Samples: Nondisturbance and Attornment Agreement (Switch, Inc.)

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