Common use of Sublessee’s Insurance Clause in Contracts

Sublessee’s Insurance. Sublessee shall maintain policies of commercial general liability and property damage insurance with respect to the use, operation or condition of the Premises, and the operations of Sublessee in, on or about the Premises, providing bodily injury and broad form property damage coverage with a limit of not less than Two Million and 00/100 Dollars ($2,000,000.00) each occurrence or in such higher amounts as Sublessor shall reasonably require from time to time provided that any such increased amounts are similar to amounts then being reasonably charged to similar whole building tenants occupying similar buildings in the Portsmouth/Dover, New Hampshire market areas. Such insurance shall include Sublessor as an additional insured and Sublessor’s mortgagee as an additional insured against death, injury to persons or damage to property as herein provided. Sublessee shall maintain, at its sole cost and expense, policies of commercial property insurance covering any trade fixtures and other personal property from time to time in, on or about the Premises, in such amounts as are reasonably determined by Sublessee, and containing appropriate endorsements waiving the insurer’s right of subrogation against Sublessor. Sublessee shall maintain workers’ compensation insurance which meets the requirements of New Hampshire law. Sublessee shall also maintain during the course of any construction of any Alteration requiring Sublessor consent “builder’s risk” insurance or its equivalent covering the total value of the work performed and equipment, supplies and materials related thereto and in an amount equal to the actual replacement cost thereof. All of Sublessee’s insurance shall be with companies qualified to do business in the State of New Hampshire, shall be issued by insurance companies with a general policy holder’s rating of not less than A or better as rated in the most current A.M. Best report and shall comply with the requirements of Exhibit E attached hereto (which requirements in the event of any conflict with the provisions hereof shall control). Insurance may be maintained by Sublessee under a so-called blanket policy or policies, provided the coverage afforded will not be reduced or diminished by reason of the use of such blanket insurance policy, and provided further that the requirements set forth herein are otherwise satisfied. Sublessee shall upon request by Sublessor, deposit with Sublessor certificates of insurance required to be maintained under this Lease, at or prior to the Rent Commencement Date, and thereafter, within twenty (20) days prior to the expiration of each such policy. Such policies shall, to the extent obtainable without additional charge from Sublessee’s insurance carrier, provide that the policies may not be changed or canceled, without at least twenty (20) day’s prior written notice to Sublessor. Sublessee hereby covenants and agrees that in the event Sublessee violates Article 32 hereof or in the event that Sublessee makes any use of the Premises or the Building which increases the rate of insurance on the Building, Sublessee shall promptly pay to Sublessor upon submission of an invoice therefor any such increase in insurance premiums resulting therefrom, which shall be due and payable as Additional Rent hereunder.

Sublessee’s Insurance. Sublessee shall maintain policies throughout the Term of commercial general liability this Sublease such insurance in respect of the Premises and property damage insurance with respect to the use, conduct and operation or condition of Sublessee’s business in the Premises, with Sublessor and Prime Lessor listed as additional insureds as is required of “Tenant” under the operations terms of the Prime Lease (including, without limitation, Section 7.9 as incorporated in this Sublease by reference). If Sublessee infails to procure or maintain such insurance, on or about the Premisespay all premiums and charges therefor and provide Sublessor with certificate(s) of such insurance within five (5) business days of written notice, providing bodily injury and broad form property damage coverage with a limit of then Sublessor may (but shall not less than Two Million and 00/100 Dollars ($2,000,000.00be obligated to) each occurrence or in such higher amounts as do so, whereupon Sublessee shall reimburse Sublessor shall reasonably require from time to time provided that any such increased amounts are similar to amounts then being reasonably charged to similar whole building tenants occupying similar buildings in the Portsmouth/Dover, New Hampshire market areas. Such insurance shall include Sublessor as an additional insured and upon demand for Sublessor’s mortgagee as an additional insured against death, injury to persons or damage to property as herein provided. Sublessee shall maintain, at its sole cost and expense, policies of commercial property insurance covering any trade fixtures and other personal property from time to time in, on or about the Premises, costs incurred in such amounts as are reasonably determined by Sublessee, and containing appropriate endorsements waiving the insurer’s right of subrogation against Sublessor. Sublessee shall maintain workers’ compensation insurance which meets the requirements of New Hampshire law. Sublessee shall also maintain during the course of any construction of any Alteration requiring Sublessor consent “builder’s risk” insurance or its equivalent covering the total value of the work performed and equipment, supplies and materials related thereto and in an amount equal to the actual replacement cost thereofso doing. All of Sublessee’s such insurance shall be with companies qualified to do business in the State of New Hampshire, shall be issued by insurance companies with a general policy holder’s rating of not less than A or better as rated in the most current A.M. Best report and shall comply with the requirements of Exhibit E attached hereto (which requirements in the event of any conflict with the provisions hereof shall control). Insurance may be maintained by Sublessee under a so-called blanket policy or policies, provided the coverage afforded will not be reduced or diminished by reason of the use of such blanket insurance policy, and provided further that the requirements set forth herein are otherwise satisfied. Sublessee shall upon request by Sublessor, deposit with Sublessor certificates of insurance required to be maintained under this Lease, at or prior to the Rent Commencement Date, and thereafter, within twenty (20) days prior to the expiration of each such policy. Such policies shall, to the extent obtainable without additional charge from Sublessee’s insurance carrierat commercially reasonable rates, provide contain endorsements providing that the (i) such policies may not be changed or canceled, without canceled except upon at least twenty thirty (2030) day’s days’ prior written notice to Sublessor. Sublessor and Prime Lessor, (ii) no act or omission of Sublessee hereby covenants and agrees that in shall affect or limit the event Sublessee violates Article 32 hereof or in the event that Sublessee makes any use obligations of the Premises insurer with respect to any other named or additional insured and (iii) Sublessee shall be solely responsible for the Building which increases payment of all premiums under such policies and Sublessor, notwithstanding that it is or may be named as an additional insured, shall have no obligation for the rate payment of any insurance on premiums. No less than ten (10) days before the BuildingCommencement Date, Sublessee shall promptly pay deliver to Sublessor and Prime Lessor a certificate evidencing the coverages required by Section 7.9 of the Prime Lease. Any endorsements to such certificates shall also be delivered to Sublessor and Prime Lessor promptly upon submission issuance of an invoice therefor such certificates. Sublessee shall procure and pay for renewals of such insurance from time to time before the expiration of such insurance, and Sublessee shall deliver to Sublessor and Prime Lessor such renewal certificates at least thirty (30) days before the expiration of any existing policy. If Sublessee fails so to deliver any such increase renewal certificate at least thirty (30) days before the expiration of any existing policy, then, in addition to its other rights and remedies in respect of such breach of this Sublease by Sublessee, Sublessor shall have the right, but not the obligation, to obtain such insurance premiums resulting therefromon Sublessee’s behalf, whereupon Sublessee shall reimburse Sublessor upon demand for Sublessor’s costs incurred in so doing. Sublessee shall include in all insurance policies required to be maintained under this Sublease any clauses or endorsements in favor of Prime Lessor including, but not limited to, waivers of the right of subrogation, which shall be due Sublessor is required to provide as “Tenant” under the provisions of the Prime Lease. Sublessor and payable as Additional Rent hereunderSublessee mutually release and waive all claims against one another for loss or damage to the waiving party's personal property and its alterations in the Premises to the extent that any loss or damage is insurable under policies of casualty insurance the waiving party carries or is required to carry under the Prime Lease or this Sublease. As part of Prime Lessor's consent to this Sublease, Prime Lessor will agree to waive subrogation claims against Sublessee to the extent it waives such claims against Sublessor under Section 13.5 of the Prime Lease.

Sublessee’s Insurance. Sublessee shall maintain throughout the Term of this Sublease such insurance in respect of the Premises and the conduct and operation of Sublessee’s business in the Premises, with Sublessor and Prime Lessor listed as additional insureds as is required of “Tenant” under the terms of the Prime Lease (including, without limitation, Section (A)(8) of Article VI of the Prime Lease as incorporated in this Sublease by reference) with no penalty to Sublessor or Prime Lessor resulting from deductibles or self-insured retentions effected in Sublessee’s insurance coverage, and with such other endorsements and provisions as Sublessor or Prime Lessor may reasonably request. If Sublessee fails to procure or maintain such insurance, pay all premiums and charges therefor and provide Sublessor with certificate(s) of such insurance, then Sublessor may (but shall not be obligated to) do so, whereupon Sublessee shall reimburse Sublessor upon demand for Sublessor’s costs incurred in so doing. All such insurance policies shall, to the extent obtainable, contain endorsements providing that (i) such policies may not be canceled except upon at least thirty (30) days’ prior notice to Sublessor and Prime Lessor (or if such endorsement is not available, Sublessee shall agree to provide such notice), (ii) no act or omission of commercial general liability and property damage insurance Sublessee shall affect or limit the obligations of the insurer with respect to any other named or additional insured and (iii) Sublessee shall be solely responsible for the usepayment of all premiums under such policies and Sublessor, operation notwithstanding that it is or condition may be named as an additional insured, shall have no obligation for the payment of any insurance premiums. Such insurance shall otherwise be reasonably acceptable to Sublessor in both form and substance. No less than ten (10) days before the Commencement Date, Sublessee shall deliver to Sublessor and Prime Lessor a certificate evidencing the coverages required by Section (A)(8) of Article VI of the Premises, Prime Lease. Any endorsements to such certificates shall also be delivered to Sublessor and the operations Prime Lessor immediately upon issuance of such certificates. Sublessee in, on or about the Premises, providing bodily injury shall procure and broad form property damage coverage with a limit pay for renewals of not less than Two Million and 00/100 Dollars ($2,000,000.00) each occurrence or in such higher amounts as Sublessor shall reasonably require insurance from time to time provided that before the expiration of such insurance, and Sublessee shall deliver to Sublessor and Prime Lessor such renewal certificates at least thirty (30) days before the expiration of any existing policy. If Sublessee fails so to deliver any such increased amounts are similar renewal certificate at least thirty (30) days before the expiration of any existing policy, then, in addition to amounts then being reasonably charged its other rights and remedies in respect of such breach of this Sublease by Sublessee, Sublessor shall have the right, but not the obligation, to similar whole building tenants occupying similar buildings in the Portsmouth/Doverobtain such insurance on Sublessee’s behalf, New Hampshire market areas. Such insurance whereupon Sublessee shall include reimburse Sublessor as an additional insured and upon demand for Sublessor’s mortgagee as an additional insured against death, injury to persons or damage to property as herein providedcosts incurred in so doing. Sublessee shall maintain, at its sole cost and expense, include in all insurance policies of commercial property insurance covering any trade fixtures and other personal property from time to time in, on or about the Premises, in such amounts as are reasonably determined by Sublessee, and containing appropriate endorsements waiving the insurer’s right of subrogation against Sublessor. Sublessee shall maintain workers’ compensation insurance which meets the requirements of New Hampshire law. Sublessee shall also maintain during the course of any construction of any Alteration requiring Sublessor consent “builder’s risk” insurance or its equivalent covering the total value of the work performed and equipment, supplies and materials related thereto and in an amount equal to the actual replacement cost thereof. All of Sublessee’s insurance shall be with companies qualified to do business in the State of New Hampshire, shall be issued by insurance companies with a general policy holder’s rating of not less than A or better as rated in the most current A.M. Best report and shall comply with the requirements of Exhibit E attached hereto (which requirements in the event of any conflict with the provisions hereof shall control). Insurance may be maintained by Sublessee under a so-called blanket policy or policies, provided the coverage afforded will not be reduced or diminished by reason of the use of such blanket insurance policy, and provided further that the requirements set forth herein are otherwise satisfied. Sublessee shall upon request by Sublessor, deposit with Sublessor certificates of insurance required to be maintained under this Sublease any clauses or endorsements in favor of Prime Lessor including, but not limited to, waivers of the right of subrogation, which Sublessor is required to provide as “Tenant” under the provisions of the Prime Lease, at . Sublessee releases and waives all claims against Sublessor for loss or prior damage to Sublessee’s personal property and its alterations in the Rent Commencement Date, and thereafter, within twenty (20) days prior to the expiration of each such policy. Such policies shall, Premises to the extent obtainable without additional charge from Sublessee’s that any loss or damage is insurable under policies of casualty insurance carrier, provide that the policies may not be changed Sublessee carries or canceled, without at least twenty (20) day’s prior written notice is required to Sublessor. Sublessee hereby covenants and agrees that in the event Sublessee violates Article 32 hereof or in the event that Sublessee makes any use of the Premises or the Building which increases the rate of insurance on the Building, Sublessee shall promptly pay to Sublessor upon submission of an invoice therefor any such increase in insurance premiums resulting therefrom, which shall be due and payable as Additional Rent hereundercarry under this Sublease.

Sublessee’s Insurance. Sublessee shall maintain throughout the Term of this Sublease such insurance in respect of the Premises and the conduct and operation of Sublessee’s business in the Premises, with Sublessor and Prime Lessor listed as additional insureds as is required of “Tenant” under the terms of the Prime Lease (including, without limitation, Section 13.02 as incorporated in this Sublease by reference) with no penalty to Sublessor or Prime Lessor resulting from deductibles or self-insured retentions effected in Sublessee’s insurance coverage, and with such other endorsements and provisions as Sublessor or Prime Lessor may reasonably request. If Sublessee fails to procure or maintain such insurance, pay all premiums and charges therefor and provide Sublessor with certificate(s) of such insurance, then Sublessor may (but shall not be obligated to) do so, whereupon Sublessee shall reimburse Sublessor upon demand for Sublessor’s costs incurred in so doing. All such insurance policies shall, to the extent obtainable, contain endorsements providing that (i) such policies may not be canceled except upon at least thirty (30) days’ prior notice to Sublessor and Prime Lessor, (ii) no act or omission of commercial general liability and property damage insurance Sublessee shall affect or limit the obligations of the insurer with respect to any other named or additional insured and (iii) Sublessee shall be solely responsible for the usepayment of all premiums under such policies and Sublessor, operation notwithstanding that it is or condition may be named as an additional insured, shall have no obligation for the payment of any insurance premiums. Such insurance shall otherwise be reasonably acceptable to Sublessor in both form and substance. No less than ten (10) days before the Commencement Date, Sublessee shall deliver to Sublessor and Prime Lessor a certificate evidencing the coverages required by Section 13.02 of the Premises, Prime Lease. Any endorsements to such certificates shall also be delivered to Sublessor and the operations Prime Lessor immediately upon issuance of such certificates. Sublessee in, on or about the Premises, providing bodily injury shall procure and broad form property damage coverage with a limit pay for renewals of not less than Two Million and 00/100 Dollars ($2,000,000.00) each occurrence or in such higher amounts as Sublessor shall reasonably require insurance from time to time provided that before the expiration of such insurance, and Sublessee shall deliver to Sublessor and Prime Lessor such renewal certificates at least thirty (30) days before the expiration of any existing policy. If Sublessee fails so to deliver any such increased amounts are similar renewal certificate at least thirty (30) days before the expiration of any existing policy, then, in addition to amounts then being reasonably charged its other rights and remedies in respect of such breach of this Sublease by Sublessee, Sublessor shall have the right, but not the obligation, to similar whole building tenants occupying similar buildings in the Portsmouth/Doverobtain such insurance on Sublessee’s behalf, New Hampshire market areas. Such insurance whereupon Sublessee shall include reimburse Sublessor as an additional insured and upon demand for Sublessor’s mortgagee as an additional insured against death, injury to persons or damage to property as herein providedcosts incurred in so doing. Sublessee shall maintain, at its sole cost and expense, include in all insurance policies of commercial property insurance covering any trade fixtures and other personal property from time to time in, on or about the Premises, in such amounts as are reasonably determined by Sublessee, and containing appropriate endorsements waiving the insurer’s right of subrogation against Sublessor. Sublessee shall maintain workers’ compensation insurance which meets the requirements of New Hampshire law. Sublessee shall also maintain during the course of any construction of any Alteration requiring Sublessor consent “builder’s risk” insurance or its equivalent covering the total value of the work performed and equipment, supplies and materials related thereto and in an amount equal to the actual replacement cost thereof. All of Sublessee’s insurance shall be with companies qualified to do business in the State of New Hampshire, shall be issued by insurance companies with a general policy holder’s rating of not less than A or better as rated in the most current A.M. Best report and shall comply with the requirements of Exhibit E attached hereto (which requirements in the event of any conflict with the provisions hereof shall control). Insurance may be maintained by Sublessee under a so-called blanket policy or policies, provided the coverage afforded will not be reduced or diminished by reason of the use of such blanket insurance policy, and provided further that the requirements set forth herein are otherwise satisfied. Sublessee shall upon request by Sublessor, deposit with Sublessor certificates of insurance required to be maintained under this Sublease any clauses or endorsements in favor of Prime Lessor including, but not limited to, waivers of the right of subrogation, which Sublessor is required to provide as “Tenant” under the provisions of the Prime Lease, at . Sublessee releases and waives all claims against Sublessor for loss or prior damage to Sublessee’s personal property and its alterations in the Rent Commencement Date, and thereafter, within twenty (20) days prior to the expiration of each such policy. Such policies shall, Premises to the extent obtainable without additional charge from Sublessee’s that any loss or damage is insurable under policies of casualty insurance carrier, provide that the policies may not be changed Sublessee carries or canceled, without at least twenty (20) day’s prior written notice is required to Sublessor. Sublessee hereby covenants and agrees that in the event Sublessee violates Article 32 hereof or in the event that Sublessee makes any use of the Premises or the Building which increases the rate of insurance on the Building, Sublessee shall promptly pay to Sublessor upon submission of an invoice therefor any such increase in insurance premiums resulting therefrom, which shall be due and payable as Additional Rent hereundercarry under this Sublease.

Sublessee’s Insurance. Sublessee shall maintain policies of commercial general liability procure and property damage insurance with respect to the use, operation or condition of the Premises, and the operations of Sublessee in, on or about the Premises, providing bodily injury and broad form property damage coverage with a limit of not less than Two Million and 00/100 Dollars ($2,000,000.00) each occurrence or in such higher amounts as Sublessor shall reasonably require from time to time provided that any such increased amounts are similar to amounts then being reasonably charged to similar whole building tenants occupying similar buildings in the Portsmouth/Dover, New Hampshire market areas. Such insurance shall include Sublessor as an additional insured and Sublessor’s mortgagee as an additional insured against death, injury to persons or damage to property as herein provided. Sublessee shall maintain, at its sole own cost and expense, policies of commercial such liability insurance as is required to be carried by Sublessor under the Prime Lease, naming Sublessor, as well as the Lessor, in the manner required therein, and such property insurance covering any trade fixtures and other personal as is required to be carried by Sublessor under the Prime Lease to the extent such property from time insurance pertains to time inthe Premises. If the Prime Lease requires Sublessor to insure leasehold improvements or alterations, on or about then Sublessee shall insure such leasehold improvements which are located in the Premises, as well as alterations in such amounts as are reasonably determined the Premises made by Sublessee, and containing appropriate endorsements waiving the insurer’s right of subrogation against Sublessor. Sublessee shall maintain workers’ compensation insurance which meets the requirements of New Hampshire law. Sublessee shall also maintain during the course of any construction of any Alteration requiring furnish to Sublessor consent “builder’s risk” insurance or its equivalent covering the total value of the work performed and equipment, supplies and materials related thereto and in an amount equal to the actual replacement cost thereof. All a certificate of Sublessee’s insurance shall be with companies qualified to do business in the State of New Hampshire, shall be issued by insurance companies with a general policy holder’s rating of required hereunder not less later than A or better as rated in the most current A.M. Best report and shall comply with the requirements of Exhibit E attached hereto ten (which requirements in the event of any conflict with the provisions hereof shall control). Insurance may be maintained by Sublessee under a so-called blanket policy or policies, provided the coverage afforded will not be reduced or diminished by reason of the use of such blanket insurance policy, and provided further that the requirements set forth herein are otherwise satisfied. Sublessee shall upon request by Sublessor, deposit with Sublessor certificates of insurance required to be maintained under this Lease, at or prior to the Rent Commencement Date, and thereafter, within twenty (2010) days prior to Sublessee’s taking possession of the expiration Premises. Each party hereby waives claims against the other for property damage provided such waiver shall not invalidate the waiving party’s property insurance; each party shall attempt to obtain from its insurance carrier a waiver of each such policyits right of subrogation. Such policies shall, Sublessee hereby waives claims against Lessor and Sublessor for property damage to the Premises or its contents if and to the extent obtainable without additional charge from Sublessee’s insurance carrier, provide that Sublessor waives such claims against the policies may not be changed or canceled, without at least twenty (20) day’s prior written notice to SublessorLessor under the Prime Lease. Sublessee hereby covenants agrees to obtain, for the benefit of Lessor and Sublessor, such waivers of subrogation rights from its insurer as are required of Sublessor under the Prime Lease. Sublessor agrees that to use reasonable efforts in good faith to obtain from the Lessor a waiver of claims for insurable property damage losses and an agreement from the Lessor to obtain a waiver of subrogation rights in the event Sublessee violates Article 32 hereof Lessor’s property insurance, if and to the extent that Lessor waives such claims against Sublessor under the Prime Lease or in is required under the event that Sublessee makes any use Prime Lease to obtain such waiver of the Premises or the Building which increases the rate of insurance on the Building, Sublessee shall promptly pay to Sublessor upon submission of an invoice therefor any such increase in insurance premiums resulting therefrom, which shall be due and payable as Additional Rent hereundersubrogation rights.