Common use of Public Liability Insurance Clause in Contracts

Public Liability Insurance. Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term of this Lease, and thereafter, so long as Tenant is in occupancy of any part of the Premises, a policy of general liability and property damage insurance under which Landlord (and such other persons as are in privity of estate with Landlord as may be set out in notice from time to time), and Massport are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries, and damages set forth in Section l0.1.1 of this Article, in the form of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenant. Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Massport and Landlord’s said designees of which Tenant has written notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, provided such insurance has a landlord protective liability endorsement attached thereto. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Tenant’s insurance coverage, shall be deemed to limit or restrict in any way Tenant’s liability arising under or out of this Lease, including, without limitation, Tenant’s liabilities and obligations under Section 6.23.

Appears in 2 contracts

Samples: Lease (Akouos, Inc.), Lease (Akouos, Inc.)

AutoNDA by SimpleDocs

Public Liability Insurance. Tenant covenants and agrees to maintain in full force from with Landlord that during the date upon which Tenant first enters the Premises for any reason, throughout the Term entire term of this Lease, and thereafter, so long as Tenant is in occupancy of any part of the Premises, a policy of general liability and property damage insurance under which Landlord (and such other persons as are in privity of estate with Landlord as may be set out in notice from time to time), and Massport are named as additional insureds, and under which the insurer agrees to will indemnify and hold save harmless Landlord, Massport its officers, agents and those in privity of estate with Landlord, harmless from and employees against all cost, expense and/or liability arising out of or based upon any and all claims, accidentsdebts, injuriesdemands, or obligations that may be made against Landlord, its officers, agents or employees or against Landlord's title in the Premises arising by reason of any negligent acts or omissions of Tenant, its officers, agents, or employees in occupying the Premises, but Tenant shall not be obligated to indemnify Landlord for damages or injuries arising from any negligent acts or omissions of Landlord, its officers, agents, or employees. Landlord shall indemnify, defend, and damages set forth in Section l0.1.1 of this Articlehold harmless Tenant, in the form of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenant. Each such policy shall be non-cancelable its officers, agents and non-amendable employees with respect to negligent acts or omissions of Landlord, Massport its officers, agents and Landlord’s employees. If it becomes necessary for Landlord to defend any action seeking to impose any such liability by virtue of alleged negligent acts or omissions of Tenant, its officers, agents or employees, Tenant will pay Landlord all costs of court and reasonable attorney and expert witness fees incurred by Landlord in such defense, in addition to any other sums that said designees Landlord may be called upon to pay by reason of the entry of a judgment or decree against Landlord in the litigation in which such claim is asserted. To this end, Tenant has written notice without thirty further contracts and agrees to procure and carry at its own expense insurance for bodily injury and property damage including personal injury not less than One Million Dollars and No/100 (30$1,000,000) days per occurrence and Two Million and No/100 Dollars ($2,000,000) aggregate, and an umbrella/excess liability policy of not less than Five Million and No/100 Dollars ($5,000,000). Tenant shall cause said insurance policy or policies to specifically name Landlord as an additional insured and furnish Landlord with a certificate of said policy or policies. Tenant shall not do or permit any act or thing that shall render such policy invalid or that shall affect the validity thereof. If Tenant fails or neglects to carry such insurance as herein provided and to pay all insurance premiums therefor, or if said policy of insurance shall be cancelled for any cause whatsoever and Tenant does not promptly obtain other insurance prior notice to Landlordor simultaneously with such cancellation, Landlord may effect such insurance in its own name to the extent herein provided and pay the premium therefor, and any sums paid by Landlord for said premiums shall be deemed additional rent hereby reserved and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required to be maintained payable by Tenant under within ten (10) days after demand therefor from Landlord, together with interest at the rate of 10 percent per annum. Landlord and Tenant each waive any claim against the other for any damage to property covered by insurance. Each party agrees to obtain a waiver of subrogation from its insurance carrier permitting this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, provided such insurance has a landlord protective liability endorsement attached thereto. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Tenant’s insurance coverage, shall be deemed to limit or restrict in any way Tenant’s liability arising under or out of this Lease, including, without limitation, Tenant’s liabilities and obligations under Section 6.23waiver.

Appears in 1 contract

Samples: Commercial Lease (Intuit Inc)

Public Liability Insurance. Tenant shall, at Tenant’s sole cost and expense but for the mutual benefit of Landlord, its managing agent and Tenant, maintain commercial general liability and/or umbrella liability insurance against claims for personal injury, death or property damage occurring upon, in or about the Premises, such insurance to afford protection to Landlord, its managing agent and Tenant to the limit of not less than One Million and No/100 Dollars ($1,000,000.00) single limit coverage on an occurrence basis. Such policies of insurance shall be written in companies reasonably satisfactory to Landlord, naming Landlord and Landlord’s managing agent as additional insureds thereunder, and such policies, or a memorandum or certificate of such insurance, shall be delivered to Landlord. Failure to deliver such memorandum or certificate to Landlord within five days after a written demand therefore shall be a default under this Lease. At such time as insurance limits required of tenants in office buildings in the area in which the office complex is located are generally increased to greater amounts, Landlord shall have the right to require such greater limits as may then be customary. To the extent such coverage is generally available, Txxxxx agrees to include in such policy the contractual liability coverage insuring Tenant’s indemnification obligations provided for herein. Any such coverage shall be deemed primary and non-contributing to any liability coverage secured by Landlord. Tenant agrees to maintain indemnify and save Landlord and its managing agent harmless against and from any and all claims by or on behalf of any third parties unaffiliated with Landlord, arising from any breach or default on the part of Tenant in full force from the date upon which performance of any covenant or agreement on the part of Tenant first enters to be performed, pursuant to the Premises for any reason, throughout the Term terms of this Lease, and thereafter, so long as Tenant is in occupancy of or arising from any willful act or gross negligence on the part of Tenant or its agents, contractors, or employees, or arising from any accident, injury or damage to the Premisesextent caused by Tenant, a policy or its contractors, agents and employees to any person, firm or corporation occurring during the term of general liability this Lease or any renewal thereof, in or about the Premises and property damage insurance under which Landlord (and such other persons as are in privity of estate with Landlord as may be set out in notice from time to time)office complex, and Massport are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, harmless from and against all costcosts, expense and/or liability arising reasonable counsel fees, expenses and liabilities incurred in or about any such claim or action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord or its managing agent by reason of any such claim, Tenant, upon notice from Landlord, covenants to resist or defend such action or proceeding by counsel reasonably satisfactory to Landlord. Except in the case of intentional damage to property or a negligent act or failure to act by Landlord, Txxxxx agrees, to the extent not expressly prohibited by law, that Landlord and its agents, employees, servants, and contractors shall not be liable, and Tenant waives all claims for damage to property and business sustained by Tenant during the term of this Lease by Tenant occurring in or about the office complex, resulting directly or indirectly from any existing or future condition, defect, matter or thing in the Premises, the office complex, or any part thereof, or from equipment or appurtenances becoming out of repair or based upon from accident, or from any occurrence or act or omission of Landlord and all claimsits agents, accidentsemployees, injuriesservants, and damages set forth contractors, or any tenant or occupant of the Building or any other person. This paragraph shall apply especially, but not exclusively, to damage caused as aforesaid or by the flooding of basements or other subsurface areas, or by refrigerators, sprinkling devices, air conditioning apparatus, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise, or the bursting or leaking of pipes or plumbing fixtures, and shall apply equally, whether any such damage results from the act or omission of other tenants or occupants in Section l0.1.1 the office complex or any other persons, and whether such damage be caused by or result from any of this Articlethe aforesaid, or shall be caused by or result from other circumstances of a similar or dissimilar nature. Anything herein to the contrary notwithstanding, in the form event any damage to the office complex results from any act or omission of coverage consistent Tenant, its agents, employees or invitees, and all or any portion of Landlord’s loss is “deductible,” Tenant shall pay to what is prudent for responsible tenants Landlord the amount of such deductible loss (not to exceed $5,000 per event). All property in the greater Boston area in office complex or on the same business as Premises belonging to Tenant. Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Massport and Landlord’s said designees of which Tenant has written notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1its employees and affiliates, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering otherwise located at the Premises, shall be at the risk of Tenant only, and Landlord shall not be furnished with a duplicate original liable for damage thereto or certificate theft, misappropriation or loss thereof and Txxxxx agrees to defend and hold Landlord and its agents and employees and contractors harmless and indemnify them against claims and liability for injuries to such property or loss of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, provided such insurance has a landlord protective liability endorsement attached thereto. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Tenant’s insurance coverage, shall be deemed to limit or restrict in any way Tenant’s liability arising under or out of this Lease, including, without limitation, Tenant’s liabilities and obligations under Section 6.23use thereof.

Appears in 1 contract

Samples: Enterprise Laboratory Lease (Squarex Pharmaceutical Corp)

Public Liability Insurance. Tenant agrees to Lessee shall obtain and maintain in effect at all times during the Lease Term, a policy of comprehensive public liability insurance, naming Lessor, any property management agent for the Building and any mortgagee of the Building as additional insureds, protecting Lessor, Lessee, management agent and any such mortgagee against any liability for bodily injury, death or property damage occurring upon, in or about any part of the Building or the Demised Premises arising from any of the items set forth herein against which Lessee is required to indemnify Lessor, with such policies to afford protection to the limit of not less than Five Hundred Thousand Dollars ($500,000) with respect to bodily injury or death to any one person, to the limit of not less than One Million Dollars ($1,000,000), per occurrence and Two Hundred Fifty Thousand Dollars ($250,000) with respect to damage to the property of any one owner. Lessor shall have the right to require Lessee to increase the minimum limits of coverage set forth above, from time to time, to the standard limits of coverage required in comparable first class office Buildings in the Washington, D.C. area. Lessee, at Lessee's sole cost and expense, shall obtain and maintain in effect commencing with the Commencement Date and continuing through the Lease Term, insurance policies providing for the following coverage: all risk and property insurance, including (without limitation) coverage against fire, theft, vandalism, malicious mischief, sprinkler leakage and such additional perils as now are or hereafter may be included in a standard extended coverage endorsement from time to time in general use in the Commonwealth of Virginia, insuring Lessee's merchandise, trade fixtures, furnishings, equipment and all items of personal property of Lessee located on or in the Demised Premises, in an amount equal to not less than the full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term replacement value thereof. All proceeds of this Lease, and thereaftersuch insurance, so long as Tenant is the Lease shall remain in occupancy of any part of effect, shall be used only to repair or replace the Premises, a policy of general liability and property damage items so insured. Such insurance under which Landlord (and such other persons as are in privity of estate with Landlord as may policies shall be set out in notice from time issued by responsible insurance companies licensed to time), and Massport are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries, and damages set forth in Section l0.1.1 of this Article, do business in the form State of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenant. Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Massport and Landlord’s said designees of which Tenant has written notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, provided such insurance has a landlord protective liability endorsement attached theretoVirginia. Neither the issuance of any insurance policy required hereunderunder this Lease, nor the minimum limits specified herein with respect to Tenant’s Lessee's insurance coverage, shall be deemed to limit or restrict in any way Tenant’s Lessee's liability arising under or out of this Lease, including, without limitation, Tenant’s liabilities and obligations under Section 6.23.

Appears in 1 contract

Samples: License Agreement (CRL Network Services Inc)

Public Liability Insurance. Tenant agrees Throughout the Term, or any extensions thereof, Subtenant shall maintain insurance against public liability for injury to maintain persons(s) (including death) or damage to property occurring on, about or within the Demised Premises or the building and improvements thereto or the adjoining sidewalks with insurance companies reasonably acceptable to Landlord and qualified to transact business in full force from the date upon State in which Tenant first enters the Demised Premises is located. Such insurance shall be with minimum single limits of $2,000,000.00 per occurrence for any reasonpersonal injury, throughout the Term of this Lease, and thereafter, so long as Tenant is in occupancy of any part of the Premises, a policy of general liability and death or property damage insurance under which Landlord (and destruction, or such other persons as are in privity of estate with Landlord greater limits as may be set out required by the Master Lease. Subtenant shall deliver to Landlord continuous certificates of such insurance naming Landlord herein and the Master Landlord as additional insureds and an agreement by the insurer that said policy may not be canceled without at least thirty (30) days' prior written notice delivered to Landlord and Master Landlord. The first of said certificates shall be delivered to Landlord prior to Subtenant's occupancy of Demised Premises. Said policy shall provide for a waiver of subrogation and/or indemnity by the insurer and Subtenant against Landlord and Master Landlord. Subtenant shall, at Subtenant's cost, maintain continuously throughout the Term, Xxxxxxx Compensation insurance in notice the amount required by applicable law. Upon failure at any time on the part of Subtenant to provide insurance as required herein, Landlord may (but is not required) from time to time), as often as such failure shall occur, without advance notice to Subtenant, obtain such insurance and pay premiums therefor, or pay any premiums due on any policy obtained by Subtenant, and Massport are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries, and damages set forth in Section l0.1.1 of this Article, in the form of coverage consistent to what is prudent sums thus paid for responsible tenants in the greater Boston area in the same business as Tenant. Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Massport and Landlord’s said designees of which Tenant has written notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, insurance by Landlord shall be furnished with additional rent under this Sublease and shall become and due and payable on the next day when payment of rent is due, or at Landlord's option, on any succeeding day. Payment of any such premium by the Landlord shall not be deemed a duplicate original or certificate waiver of the insurance required default in payment by the Subtenant and the Landlord, whether or not the Landlord shall have paid such premiums, shall have recourse to be maintained all remedies herein before or hereinafter provided in the event of default by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises Subtenant in the performance of the Tenant, provided such insurance has a landlord protective liability endorsement attached thereto. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Tenant’s insurance coverage, shall be deemed to limit or restrict in any way Tenant’s liability arising under or out terms and conditions of this Lease, including, without limitation, Tenant’s liabilities and obligations under Section 6.23Sublease.

Appears in 1 contract

Samples: Sublease Agreement (Quaker Fabric Corp /De/)

Public Liability Insurance. The Tenant agrees to maintain carry at its own expense liability insurance covering the Demised Premises and the Tenant's use thereof, together with contractual liability endorsements covering the Tenant's obligations set forth in full force from Subsection 8(C.) hereof, in companies and in a form satisfactory to the Landlord, with a liability minimum limit of $2,000,000.00 per occurrence and -$2,000,000.00 aggregate, and to deposit said policy or policies (or certificates thereof) with the Landlord prior to the date upon which Tenant first enters the Premises for of any reason, throughout the Term of this Lease, and thereafter, so long as Tenant is in use or occupancy of any part of the Premises, a Demised Premises by the Tenant. Said policy of general liability or policies shall name the Landlord and property damage insurance under which Landlord (the Tenant as insureds and such other persons as are in privity of estate with Landlord as may be set out in notice from time shall bear endorsements to time), and Massport are named as additional insureds, and under which the effect that the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries, and damages set forth in Section l0.1.1 of this Article, in notify the form of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenant. Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Massport and Landlord’s said designees of which Tenant has written notice without Landlord not less than thirty (30) days prior notice in advance of any modification or cancellation thereof. Should the Tenant fail to Landlordcarry such public liability insurance, and Tenant shall be deemed to be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term default of this Lease. In such event, Landlord may at its option (but shall not be required so to do) cause public liability insurance as aforesaid to be issued and in such higher limits are carried customarily in event the Greater Boston Area with respect to similar properties. Tenant agrees thatto pay the premium for such insurance promptly upon the Landlord's demand as Additional Rent hereunder. The Tenant agrees to procure a waiver of subrogation endorsement from its insurer, so long as a condition the same shall not void any insurance policy of the Tenant, and to first entering furnish evidence of such waiver to the Premises, Landlord upon request. Landlord shall be furnished with a duplicate original have the right to reasonably increase the amount or certificate scope of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, provided such insurance has a landlord protective liability endorsement attached thereto. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect hereunder from time to Tenant’s insurance coverage, shall be deemed to limit or restrict in any way Tenant’s liability arising under or out of this Lease, including, without limitation, Tenant’s liabilities and obligations under Section 6.23time.

Appears in 1 contract

Samples: Center Lease Agreement

Public Liability Insurance. Tenant Xxxxxx agrees to maintain in full force from the date upon which Tenant Xxxxxx first enters the Premises for any reason, throughout the Term of this Lease, and thereafter, thereafter so long as Tenant is in occupancy of any part of the Premises, a policy of commercial general liability and property damage insurance (including broad form contractual liability, independent contractor’s hazard and completed operations coverage) under which Landlord Tenant is named as an insured and Landlord, Agent (and such other persons as are in privity of estate with Landlord as may be set out in a notice from time to time), and Massport ) are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport Agent and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries, injuries and damages set forth in Section l0.1.1 of this Article, in the form of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenant10.1. Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Massport Agent and Landlord’s said designees of which Tenant has written notice without thirty (30) days days’ prior notice to Landlordnotice, shall be written on an “occurrence” basis, and shall be in at least in the amounts set forth of the Initial Public Liability Insurance specified in Section 1.1, 1.3 or in such higher limits greater amounts as Landlord shall from time to time reasonably request ifrequest, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with and a duplicate original or certificate thereof shall be delivered to Landlord. Such policies shall have an “Additional Insured-Managers and Landlords of Premises Endorsement” and contain the “Amendment of the insurance required to be maintained Pollution Exclusion” for damage caused by Tenant heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering Lease as an “insured contract” for the Premises as well as other premises performance of the Tenant, provided such insurance has a landlord protective liability endorsement attached thereto. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Tenant’s insurance coverage, shall be deemed to limit or restrict in any way Tenant’s liability arising indemnity obligations under or out of this Lease, including, without limitation, Tenant’s liabilities and obligations under Section 6.23.

Appears in 1 contract

Samples: Assignment and Assumption

Public Liability Insurance. Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises A policy of comprehensive or commercial general liability insurance, including coverage (by endorsement if necessary) for any reasondeath, throughout the Term bodily injury, broad form property damage, premises/operations, blanket contractual liability, independent contractors, personal injury and products/completed operations, insuring against liability arising out of this Leaseownership, and thereafter, so long as Tenant is in use or occupancy of any part of the Premises, with a policy combined single liability limit of general not less than $1,000,000.00 per occurrence. Such minimum liability and property damage insurance under which Landlord (and such other persons as are in privity of estate with Landlord as may limit will be set out in notice increased from time to time)time if Landlord's insurance advisor or Project lender reasonably determines that a higher limit is customary for similar uses. Such policy shall: (i) be on an occurrence (and not on a claims-made) basis; (ii) not have an aggregate liability limit unless such aggregate liability limit applies only to the Premises and the amount thereof is approved in writing by Landlord; (iii) have a maximum deductible of $5,000.00 unless a higher deductible is approved by Landlord in writing; (iv) be issued by an insurance company or companies licensed to do business in California and approved by Landlord, and Massport are named having a financial rating of Class A-X or better as rated in the most current available "Best's Key Rating Guide"; (v) be primary and noncontributing with any insurance maintained by Landlord; (vi) name Landlord, and any person or entity designated by Landlord, as additional insureds, ; (vii) have a cross-liability or severability of interests endorsement; and under which (viii) provide (by endorsement if necessary) that the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of insurance issued thereunder shall not be altered or based upon any and all claims, accidents, injuries, and damages set forth in Section l0.1.1 of this Article, in the form of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenant. Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Massport and Landlord’s said designees of which Tenant has written notice without canceled until after at least thirty (30) days prior written notice to Landlordall additional insureds. Tenant shall provide Landlord with certificates of insurance acceptable to Landlord issued by each of the insurance companies issuing any of the policies required pursuant to Section 11.1, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time have the right to time reasonably request if, during review copies of such policies to verify compliance with the Term requirements of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord Evidence of insurance coverage shall be furnished with to Landlord at least fifteen (15) days prior to the effective date of any new or substituted coverage. Tenant may satisfy its insurance obligations hereunder by carrying such insurance under a duplicate original blanket policy or certificate policies of insurance, provided that (i) such policy meets all of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, provided such insurance has a landlord protective liability endorsement attached thereto. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Tenant’s insurance coverage, shall be deemed to limit or restrict in any way Tenant’s liability arising under or out specific requirements of this LeaseSection 11.1, including, without limitation, Tenant’s liabilities the aggregate liability requirements of subsection (c) above, and obligations (ii) Landlord approves all other terms of such policy, which approval will not be unreasonably withheld. If Tenant falls to maintain any insurance required under this Section, Landlord may itself maintain such insurance and charge the cost thereof to Tenant as additional rent. Such amount shall be due and owing within ten (10) days following written request therefor, and shall bear interest as provided in Section 6.2316.7.

Appears in 1 contract

Samples: Office Building Lease (Newgen Results Corp)

Public Liability Insurance. Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term of this Lease, and thereafter, so long as Tenant is in occupancy of any part of the Premises, a policy of general liability and property damage insurance under which Landlord (and such other persons as are in privity of estate with Landlord as may be set out in notice from time to time), and Massport the Massachusetts Port Authority are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport the Massachusetts Port Authority and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries, and damages set forth in Section l0.1.1 10.1.1 of this Article, in the form of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenant. Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Massport the Massachusetts Port Authority and Landlord’s 's said designees of which Tenant has written notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, provided such insurance has a landlord protective liability endorsement attached thereto. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Tenant’s 's insurance coverage, shall be deemed to limit or restrict in any way Tenant’s 's liability arising under or out of this Lease, including, without limitation, Tenant’s 's liabilities and obligations under Section 6.23.

Appears in 1 contract

Samples: Lease (908 Devices Inc.)

Public Liability Insurance. The Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term Lease Terns, and thereafter so long as Tenant is in occupancy of any part of the Premises, (a) a, policy of commercial general liability insurance, written on an occurrence basis and including contractual liability coverage to cover any liabilities assumed under this Lease, insuring against all claims for injury to or death of persons or damage to property on or about the Premises or arising out of the use of the Premises, including products liability, and thereaftercompleted operations liability, and (b) automobile liability insurance covering all owned vehicles, hired vehicles, and all other non-owned vehicles. Each such policy shall designate Tenant as a named insured and Landlord, its managing agent, if any, and any mortgagees.(as may be set forth in a notice given from time to time by Landlord) shall be named as additional insureds, as their interests appear. Each such policy shall expressly provide that it shall not expire or be amended in a manner that materially impairs Landlord's coverage or canceled without at least thirty. (30) days' prior written notice to Landlord in each instance and that the interests of Landlord thereunder or therein shall not be affected by any breach by Tenant of any policy provision, and a duplicate original or certificate thereof shall be delivered to Landlord. The minimum limits of liability of such insurance shall be bodily injury and property damage combined single limit of $3,000,000 per occurrence. The Landlord shall have the right from time to time to increase such minimum limits upon notice to Tenant, provided that any such increase shall provide for coverage in amounts similar to like coverage being carried on like property in the greater Boston area. The Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Lease Term, and thereafter so long as Tenant is in occupancy of any part of the Premises, a policy of general liability and property damage insurance under which Landlord (and such other persons as are in privity of estate with Landlord as may be set out in notice from time to time), and Massport are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon insuring any and all claimsTenant's trade fixtures, accidents, injuriesequipment, and damages set forth other personal property of Tenant against damage or destruction by fire or other casualty in Section l0.1.1 an amount equal to the full replacement cost of this Article, in the form of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business such property. Tenant shall also maintain insurance against such other hazards as Tenant. Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Massport and Landlord’s said designees of which Tenant has written notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall may from time to time reasonably request if, during be required by Landlord or the Term holder of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering any mortgage on the Premises, Landlord provided that such insurance is customarily carried in the area in which the Premises are located on property similar to the Building and that Tenant receives written notice specifying all such additional insurance as may be required. At Landlord's request, any such policies of insurance shall name any such mortgagee as loss payee under a standard mortgagee's clause. Notwithstanding the foregoing, Tenant shall be furnished with a duplicate original permitted to self-insure its fixtures, equipment and other personal property from time to time located in, on or certificate of about the insurance required Premises, and all leasehold improvements to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the constructed or installed by Tenant, provided such insurance has a landlord protective liability endorsement attached thereto. Neither that at all times when Tenant so self-insures the issuance of same or any insurance policy required hereunderportion thereof, nor the minimum limits specified herein with respect to Tenant’s insurance coverage, 's net worth shall be deemed to limit or restrict and remain at least Twenty Million and 00/100 Dollars ($20,000,000.00). During all periods in which Tenant so self-insures any way Tenant’s liability arising under or out of this Leasethe same, includingthe rights and obligations of Landlord and Tenant shall remain the same as if Tenant shall have purchased and kept in force thereon insurance from an independent, institutional insurer of recognized responsibility, and, without limitation, Tenant’s liabilities the provisions of Sections 10.2 and obligations under Section 6.2311.5 of this Lease shall remain in full force and effect. The Tenant represents, by so self-insuring, that Tenant then is financially able to absorb any loss thereto without significant reduction of available capital or any other material, adverse effect on Tenant or its business operations, and that Tenant then is of at least such minimum net worth. The Landlord shall maintain in full force throughout the Lease Term a policy of insurance upon the Building and its fixtures and equipment.

Appears in 1 contract

Samples: Lease (Datawatch Corp)

AutoNDA by SimpleDocs

Public Liability Insurance. Tenant agrees to at its expense, shall maintain in full force from at all times during the date upon which Tenant first enters the Premises for any reason, throughout the Term term of this Lease, and thereaftercommercial public liability insurance, so long as Tenant is in occupancy of any part of the Premises, a policy of general contractual liability insurance and property damage liability insurance under which Landlord (in respect of the Premises and such other persons as are in privity the conduct or operation of estate business therein, with Landlord as may be set out in notice from time to time)Landlord, its asset manager and property manager, if any, and Massport are named any Superior Lessor or Superior Mortgagee whose name and address shall previously have been furnished to Tenant by written notice, as additional insureds, with Five Million and under which No/100 Dollars ($5,000,000.00) minimum combined single limit coverage, or its equivalent. Tenant shall have the insurer agrees right to indemnify and hold Landlord, Massport and those in privity satisfy such minimum insurance coverage requirements through umbrella or excess coverage policies. The limits of estate with Landlord, harmless from and against all cost, expense and/or such insurance shall not limit the liability arising out of or based upon any and all claims, accidents, injuries, and damages set forth in Section l0.1.1 of this Article, in the form of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenant. Each All such policy insurance shall insure the performance by Tenant of the indemnity provisions of Article 18 as to liability for injury to, illness of, or death of persons and damage to property. In addition, all such insurance shall be non-cancelable primary and non-amendable shall provide that any insurance of Landlord shall be noncontributing, except with respect to sole active negligence, gross negligence or willful misconduct of Landlord, Massport and or Landlord’s said designees of which Tenant has written notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties's property manager. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate of the For insurance required to be maintained by Tenant under this Sectionpursuant to Sections 11.1 and 11.2, Tenant shall deliver to Landlord and any additional insured ACORX Xxxm 27 evidence of insurance, or any other form reasonably requested by Landlord, issued by the insurance company or its authorized agent, at least ten (10) days before Tenant commences occupancy of any portion of the Premises. Said Tenant shall procure and pay for renewals of such insurance may from time to time before the expiration thereof, and Tenant shall deliver to Landlord and any additional insured such renewal certificate at least thirty (30) days before the expiration of any existing policy. For insurance required to be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenantpursuant to Sections 11.1 and 11.2, provided all such insurance has a landlord protective liability endorsement attached thereto. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Tenant’s insurance coverage, policies shall provide that they shall not be deemed to limit or restrict amended in any way Tenant’s liability arising under that would effect the interests of Landlord or out of this Leaseany such additional insureds, includingor cancelled, without limitation, Tenant’s liabilities at least thirty (30) days prior written notice to Landlord and obligations under Section 6.23such additional insureds.

Appears in 1 contract

Samples: Lease (Western Digital Corp)

Public Liability Insurance. Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term of this LeaseLease Term, and thereafter, thereafter so long as Tenant is in occupancy of any part of the Premises, (a) a policy of commercial general liability insurance, written on an occurrence basis with a general aggregate per location extension and including contractual liability coverage to cover any liabilities assumed under this Lease, insuring against all claims for bodily injury, property damage, personal injury or advertising injury on or about the Premises or arising out of the use of the Premises, including products liability, and completed operations liability, with limits of at least $1,000,000 per occurrence and $2,000,000, general aggregate, (b) automobile liability insurance covering all owned vehicles, hired vehicles, and all other non-owned vehicles in the amount of at least $1,000,000 combined single limit, (c) worker’s compensation insurance in accordance with applicable statutory legal requirements, and (d) employer’s liability insurance with a limit of not less than $1,000,000 or such other higher limits imposed by Requirements, and (e) umbrella/excess insurance on a following-form basis in excess of the foregoing coverages in the amount of at least $5,000,000 per occurrence. The general liability and property damage insurance under which Landlord umbrella policies shall designate Landlord, its managing agent (if any), and such other persons as are in privity of estate with Landlord any mortgagees (as may be set out forth in a notice given from time to time), and Massport are named time by Landlord) as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuriesas their interests appear, and damages set forth shall be in Section l0.1.1 form and substance reasonably satisfactory to Landlord. Each such policy shall not expire or be amended or canceled without at least fifteen (15) days’ prior written notice to Landlord in each instance and each policy shall provide that the interests of this ArticleLandlord thereunder or therein shall not be affected by any breach by Tenant of any policy provision. A certificate evidencing such insurance coverages shall be delivered to Landlord on or prior to the Commencement Date, and thereafter on an annual basis (and in any event prior to the form of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenantexpiration thereof). Each such policy shall be non-cancelable written by insurance companies licensed in the Commonwealth of Massachusetts, having a rating in Best’s Key Rating Guide (or any successor thereto, or if there be none, an insurance rating organization having a national reputation) of at least “A-” and non-amendable with respect a financial size category of not less than “Class VII.” Tenant shall have the right to obtain any of the general liability insurance required hereunder pursuant to a blanket general liability policy covering other properties provided the blanket policy contains an endorsement that names Landlord, Massport and Landlord’s said designees of which Tenant has written notice without thirty managing agent (30if any) days prior notice to Landlord, and shall any mortgagees (as may be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall a notice given from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees thatby Landlord), as a condition to first entering additional insureds, and references the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, provided such insurance has a landlord protective liability endorsement attached thereto. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Tenant’s insurance coverage, shall be deemed to limit or restrict in any way Tenant’s liability arising under or out of this Lease, including, without limitation, Tenant’s liabilities and obligations under Section 6.23.

Appears in 1 contract

Samples: Possession and Attornment Agreement (LogMeIn, Inc.)

Public Liability Insurance. Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term of this Lease, and thereafter, thereafter so long as Tenant is in occupancy of any part of the Premises, a policy of commercial general liability and property damage insurance (including broad form contractual liability, independent contractor’s hazard and completed operations coverage) under which Landlord Tenant is named as an insured and Landlord, Agent (and such other persons as are in privity of estate with Landlord as may be set out in a notice from time to time), and Massport ) are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport Agent and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries, injuries and damages set forth in Section l0.1.1 of this Article, in the form of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenant10.1. Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Massport Agent and Landlord’s said designees of which Tenant has written notice without thirty (30) days days’ prior notice to Landlordnotice, shall be written on an “occurrence” basis, and shall be in at least in the amounts set forth of the Initial Public Liability Insurance specified in Section 1.1, 1.3 or in such higher limits greater amounts as Landlord shall from time to time reasonably request ifrequest, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with and a duplicate original or certificate thereof shall be delivered to Landlord. Such policies shall have an “Additional Insured-Managers and Landlords of Premises Endorsement” and contain the “Amendment of the insurance required to be maintained Pollution Exclusion” for damage caused by Tenant heat, smoke or fumes from a hostile fire. The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering Lease as an “insured contract” for the Premises as well as other premises performance of the Tenant, provided such insurance has a landlord protective liability endorsement attached thereto. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Tenant’s insurance coverage, shall be deemed to limit or restrict in any way Tenant’s liability arising indemnity obligations under or out of this Lease, including, without limitation, Tenant’s liabilities and obligations under Section 6.23.

Appears in 1 contract

Samples: Assignment and Assumption (Rhythm Holding Company, LLC)

Public Liability Insurance. WAIVER OF SUBROGATION. Tenant covenants and agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reasonexonerate, throughout the Term of this Leaseindemnify, defend, protect and thereaftersave Landlord, so long as Tenant is in occupancy of any part owner of the PremisesLot and Landlord's managing agent, a policy of general liability and property damage insurance under which Landlord (and such other persons as are in privity of estate with Landlord as may be set out in notice from time to time), and Massport are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlordif any, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidentsdemands, injuriesexpenses,. losses, suits and damages set forth in Section l0.1.1 as may be occasioned by reason of this Article, in (a) any accident or matter occurring on the form of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenant. Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Massport and Landlord’s said designees of which Tenant has written notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Leased Premises, Landlord shall be furnished with a duplicate original causing injury to persons or certificate of the insurance required damage to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, provided such insurance has a landlord protective liability endorsement attached thereto. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Tenant’s insurance coverage, shall be deemed to limit or restrict in any way Tenant’s liability arising under or out of this Lease, property (including, without limitation, the Leased Premises), unless such accident or other matter resulted from the negligence or otherwise tortious act of Landlord or Landlord's agents or employees, (b) the failure of Tenant to fully and faithfully perform the obligations and observe the conditions of this Lease, or (c) the negligence or otherwise tortious act of Tenant or anyone in or about the Building on behalf or at the invitation or right of Tenant’s liabilities . Tenant shall keep in force at its own expense comprehensive general liability insurance (including a contractual liability insurance endorsement) in companies acceptable to Landlord sufficient to cover such indemnification and obligations naming as additional insured Landlord, owner of the Lot, Landlord's managing agent, if any, and Tenant against claims for personal injury" including bodily injury, death or property damage in amounts not less than $1,000,000 (or such higher limits as may be determined by Landlord), and Tenant will further deposit the policy or policies of such insurance, or certificates thereof, with Landlord. Said policy or policies of insurance or certificates thereof shall have attached thereto an endorsement that such policy shall not be cancelled without at least ten (10) days prior written notice to Landlord and Landlord's managing agent, if any, and that no act or omission of Tenant shall invalidate the interest of Landlord under Section 6.23said insurance. Landlord and Tenant hereby release the other from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property covered by any insurance then in force, even if such fire or other casualty shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible, provided, however, that this release shall be applicable and in force and effect only to the extent of and with respect to any loss or damage occurring during such time as the policy or policies of insurance covering said loss shall contain a clause or endorsement to the effect that this release shall not adversely affect or impair said insurance or prejudice the right of the insured to recover thereunder.

Appears in 1 contract

Samples: Agreement of Lease (Worldgate Communications Inc)

Public Liability Insurance. Tenant agrees to maintain in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term of this LeaseLease Term, and thereafter, thereafter so long as Tenant is in occupancy of any part of the Premises, (a) a policy of commercial general liability insurance, written on an occurrence basis with a general aggregate per location extension and including contractual liability coverage to cover any liabilities assumed under this Lease, insuring against all claims for bodily injury, property damage, personal injury or advertising injury on or about the Premises or arising out of the use of the Premises, including products liability, and completed operations liability, with limits of at least $1,000,000 per occurrence and $2,000,000, general aggregate, (b) automobile liability insurance covering all owned vehicles, hired vehicles, and all other non-owned vehicles in the amount of at least $1,000,000 combined single limit, (c) worker’s compensation insurance in accordance with applicable statutory legal requirements, and (d) employer’s liability insurance with a limit of not less than $1,000,000 or such other higher limits imposed by Requirements, and (e) umbrella/excess insurance on a following-form basis in excess of the foregoing coverages in the amount of at least $5,000,000 per occurrence. The general liability and property damage insurance under which Landlord umbrella policies shall designate Landlord, its managing agent, if any, and any mortgagees (and such other persons as are in privity of estate with Landlord as may be set out forth in a notice given from time to time), and Massport are named time by Landlord) as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuriesas their interests appear, and damages set forth shall be in Section l0.1.1 form and substance reasonably satisfactory to Landlord. Each such policy shall not expire or be amended or canceled without at least fifteen (15) days’ prior written notice to Landlord in each instance and each policy shall provide that the interests of this ArticleLandlord thereunder or therein shall not be affected by any breach by Tenant of any policy provision. A certificate evidencing such insurance coverages shall be delivered to Landlord on or prior to the Commencement Date, and thereafter on an annual basis (and in any event not less than twenty-four (24) hours prior to the form of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenantexpiration thereof). Each such policy shall be non-cancelable written by insurance companies licensed in the Commonwealth of Massachusetts, having a rating in Best’s Key Rating Guide (or any successor thereto, or if there be none, an insurance rating organization having a national reputation) of at least “A-” and non-amendable with respect a financial size category of not less than “Class VII.” Tenant shall have the right to obtain any of the general liability insurance required hereunder pursuant to a blanket general liability policy covering other properties provided the blanket policy contains an endorsement that names Landlord, Massport and Landlord’s said designees of which Tenant has written notice without thirty managing agent and any mortgagees (30) days prior notice to Landlord, and shall as may be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall a notice given from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees thatby Landlord), as a condition to first entering additional insureds, references the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, provided such insurance has a landlord protective liability endorsement attached thereto. Neither the issuance of any insurance policy required hereunder, nor the minimum limits specified herein with respect to Tenant’s insurance coverage, shall be deemed to limit or restrict in any way Tenant’s liability arising under or out of this Lease, including, without limitation, Tenant’s liabilities and obligations under Section 6.23.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (LogMeIn, Inc.)

Public Liability Insurance. Tenant agrees to Lessee shall obtain and maintain in effect at all times during the Lease Term, a policy of comprehensive public liability insurance, naming Lessor, any property management agent for the Building and any mortgagee of the Building as additional insureds, protecting Lessor, Lessee, management agent and any such mortgagee against any liability for bodily injury, death or property damage occurring upon, in or about any part of the Building or the Demised Premises arising from any of the items set forth herein against which Lessee is required to indemnify Lessor, with such policies to afford protection to the limit of not less than Three Million Dollars ($3,000,000) combined single limit. Lessor shall have the right to require Lessee to increase the minimum limits of coverage set forth above, from time to time, to the standard limits of coverage required in comparable first class office Buildings in the Washington, D.C. area. Lessee, at Lessee's sole cost and expense, shall obtain and maintain in effect commencing with the Commencement Date and continuing through the Lease Term, insurance policies providing for the following coverage: all risk and property insurance, including (without limitation) coverage against fire, theft, vandalism, malicious mischief, sprinkler leakage and such additional perils as now are or hereafter may be included in a standard extended coverage endorsement from time to time in general use in the Commonwealth of Virginia, insuring Lessee's merchandise, trade fixtures, furnishings, equipment and all items of personal property of Lessee located on or in the Demised Premises, in an amount equal to not less than the full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term replacement value thereof. All proceeds of this Lease, and thereaftersuch insurance, so long as Tenant is the Lease shall remain in occupancy of any part of effect, shall be used only to repair or replace the Premises, a policy of general liability and property damage items so insured. Such insurance under which Landlord (and such other persons as are in privity of estate with Landlord as may policies shall be set out in notice from time issued by responsible insurance companies licensed to time), and Massport are named as additional insureds, and under which the insurer agrees to indemnify and hold Landlord, Massport and those in privity of estate with Landlord, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries, and damages set forth in Section l0.1.1 of this Article, do business in the form State of coverage consistent to what is prudent for responsible tenants in the greater Boston area in the same business as Tenant. Each such policy shall be non-cancelable and non-amendable with respect to Landlord, Massport and Landlord’s said designees of which Tenant has written notice without thirty (30) days prior notice to Landlord, and shall be in at least in the amounts set forth in Section 1.1, or in such higher limits as Landlord shall from time to time reasonably request if, during the Term of this Lease, such higher limits are carried customarily in the Greater Boston Area with respect to similar properties. Tenant agrees that, as a condition to first entering the Premises, Landlord shall be furnished with a duplicate original or certificate of the insurance required to be maintained by Tenant under this Section. Said insurance may be maintained by Tenant under a so-called blanket policy covering the Premises as well as other premises of the Tenant, provided such insurance has a landlord protective liability endorsement attached theretoVirginia. Neither the issuance of any insurance policy required hereunderunder this Lease, nor the minimum limits specified herein with respect to Tenant’s Lessee's insurance coverage, shall be deemed to limit or restrict in any way Tenant’s Lessee's liability arising under or out of this Lease, including, without limitation, Tenant’s liabilities and obligations under Section 6.23.

Appears in 1 contract

Samples: Abovenet Communications Inc

Time is Money Join Law Insider Premium to draft better contracts faster.