Common use of Tenant’s Insurance Clause in Contracts

Tenant’s Insurance. Tenant will maintain the following policy or policies of insurance, at its expense, insuring Tenant and naming Landlord as an additional insured: (i) special form (formerly known as all risk) property insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) commercial general liability insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and on the Property, with the premiums thereon fully paid on or before the due date, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demand.

Appears in 2 contracts

Samples: Office Lease Agreement (Great White Energy Services, Inc.), Office Lease Agreement (Diamondback Energy Services, Inc.)

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Tenant’s Insurance. Tenant will maintain keep in force at its own expense, so long as this Lease remains in effect, (a) public liability insurance, including insurance against assumed or contractual liability under this Lease, with respect to the following Premises, to afford protection with limits, per person and for each occurrence, of not less than One Million Dollars ($1,000,000), combined single limit, with respect to personal injury and death and property damage, such insurance to provide for only a reasonable deductible, (b) all-risk property and casualty insurance, including theft, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises and all of Tenant's Improvements as defined in Section 34 and installed in the Premises by or on behalf of Tenant, such insurance to provide for only a reasonable deductible, and (c) if, and to the extent, required by law, workmen's compensation or similar insurance offering statutory coverage and containing statutory limits. Such policies will be maintained in companies and in form reasonably acceptable to Landlord and will be written as primary policy coverage and not contributing with, or in excess of, any coverage which Landlord shall carry. Tenant will deposit the policy or policies of insurancesuch required insurance or certificates thereof with Landlord prior to the Commencement Date, which policies shall name Landlord or its designee and, at the request of Landlord, its expensemortgages, insuring as additional named insured and shall also contain a provision stating that such policy or policies shall not be canceled except after thirty (30) day's written notice to Landlord or its designees. All such policies of insurance shall be effective as of the date Tenant occupies the Premises and naming Landlord shall be maintained in force at all times during the Term of this Lease and all other times during which Tenant shall occupy the Premises. In addition to the foregoing insurance coverage, Tenant shall require any contractor retained by it to perform work on the Premises to carry and maintain, at no expense to Landlord, during such times as an additional insured: contractor is working in the Premises, a (i) special comprehensive general liability insurance policy, including, but not limited to, contractor's liability coverage, contractual liability coverage, completed operations coverage, broad form property damage endorsement and contractor's protective liability coverage, to afford protection with limits per person and for each occurrence, of not less than Two Hundred Thousand Dollars (formerly known as all risk) $200,000.00), combined single limit, with respect to personal injury and death and property damage, such insurance on all of its personal propertyto provide for no deductible, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) commercial general liability workmen's compensation insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities similar insurance in the Building form and on the Property, with the premiums thereon fully paid on or before the due date, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” amounts as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such insurance policiesrequired by law. In the event of damage to or destruction of the Premises and the termination of this Lease by Landlord pursuant to Section 17 herein, Tenant shall not have delivered agrees that it will pay Landlord all of its insurance proceeds relating to Landlord a policy improvements made in the Premises by or certificate evidencing on behalf of Tenant. If Tenant fails to comply with its covenants made in this Section, if such insurance at least thirty (30) days prior would terminate or if Landlord has reason to the expiration date of each expiring policybelieve such insurance is about to be terminated, Landlord may obtain at its option cause such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed it in its sole judgment deems necessary to be a waiver of Tenant’s default hereunder). The cost issued, and in such event Tenant agrees to Landlord of obtaining such policiespay promptly upon Landlord's demand, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demandthe premiums for such insurance.

Appears in 2 contracts

Samples: Agreement of Lease (Digitalnet Holdings Inc), Agreement of Lease (Digitalnet Holdings Inc)

Tenant’s Insurance. Tenant will Tenant, at its own expense, shall maintain during the following term of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, at its expenseincluding personal injury and property damage, insuring with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant and naming Landlord as an additional insured: in the Premises. Said policies shall (i) special form (formerly known as all risk) property insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) commercial general liability insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and on the Property, with the premiums thereon fully paid on or before the due date, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include coverage for the contractual liability waiver of Tenant subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to indemnify Landlord hereunder Landlord, and (iv) provide that said insurance shall not be cancelled unless thirty (30) days prior written notice shall have deductibles in an amount reasonably satisfactory been given to Landlord. Prior In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant’s taking possession 's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the benefit of, or by or for Tenant, inclusive of the Tenant Finish Work, and covering all contents of the Premises, Tenant in an amount not less than one hundred percent (100%) of the replacement cost thereof insuring against the perils of Fire, Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall furnish evidence satisfactory be delivered to Landlord by Tenant upon commencement of the maintenance term of the Lease and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration effective date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining renewal of insurance shall said insurance. Tenant will not be deemed permit the Premises to be a waiver used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant’s default hereunder). The cost to Landlord 's use of obtaining such policiesthe Premises, plus an administrative fee in or because Tenant vacates the Premises, then Tenant shall pay the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant increase to Landlord as Additional Rent upon demand.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Mannatech Inc), Commercial Lease Agreement (Mannatech Inc)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceshall, at its Tenant’s expense, obtain and keep in force during the term of this Lease, a commercial general liability insurance policy, written on an occurrence basis, insuring Tenant and naming protecting Landlord and the Landlord Entities against any liability to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and property damage, personal injury, contractual liability, completed operations, products liability, owned and non-owned automobile liability arising out of the use, occupancy or maintenance of the Leased Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence with a TWO MILLION DOLLARS ($2,000,000.00) annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured: ; shall insure performance by Tenant of the indemnity provisions of this Lease (i) special form (formerly known as all risk) property insurance on all of its personal propertysubject to standard policy exceptions and exclusions); shall be primary, including removable trade fixtures and leasehold and tenant improvementsnot contributing with, and Tenant’s Property located not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the Leased Premises and in such insured or additional amounts insureds which would void or otherwise reduce coverage shall not void or reduce coverages as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) commercial general liability other insured or additional insureds. The limits of said insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and on the Property, with the premiums thereon fully paid on or before the due date, in an amount of shall not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual any liability of Tenant to indemnify Landlord hereunder. Not more frequently than every year, if, in the reasonable opinion of Landlord, the amount of liability insurance required hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premisesis not adequate, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such promptly increase said insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance coverage as Landlord may reasonably require to protect required by Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demand.

Appears in 2 contracts

Samples: Office Lease (Tobira Therapeutics, Inc.), Office Lease (Tobira Therapeutics, Inc.)

Tenant’s Insurance. Tenant will Tenant, at its own expense, shall maintain during the following term of this Lease a policy or policies of worker's compensation (or its equivalent provided such is approved by Landlord, such not to be unreasonably withheld) and commercial general liability insurance, at its expenseincluding personal injury and property damage, insuring with contractual liability endorsement, in the amount of Five Hundred Thousand Dollars ($500,000.00) for property damages and One Million Dollars ($1,000,000.00) per occurrence for personal injuries or deaths of persons occurring in or about the Premises and the Project; provided, such limits may be adjusted upward in Landlord's reasonable discretion based upon inflation or upon the type of business conducted by Tenant and naming Landlord as an additional insured: in the Premises. Said policies shall (i) special form (formerly known as all risk) property insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) commercial general liability insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and on the Property, with the premiums thereon fully paid on or before the due date, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and insure Landlord's contingent liability under this Lease (except for the worker's compensation policy, which instead shall include coverage waiver of subrogation endorsement in favor of Landlord), (ii) be issued on an occurrence (not claims made) basis, (iii) be issued by an insurance company which is acceptable to Landlord, and (iv) provide that said insurance shall not be cancelled unless sixty (60) days prior written notice shall have been given to Landlord. In addition to the above, Tenant shall maintain insurance insuring the interest of Tenant and covering all of Tenant's property and all partitions, fixtures, additions and other improvements that may have been constructed, erected or installed in or about the Premises or for the contractual liability benefit of, or by or for Tenant that Tenant is entitled to remove upon the termination of Tenant to indemnify Landlord hereunder this Lease, and shall have deductibles covering all contents of the premises, in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession not less than one hundred percent (100%) of the Premisesreplacement cost thereof insuring against the perils of Fire, Tenant Lightning, Extended Coverage, Vandalism and Malicious Mischief. Said policy or policies or certificates thereof shall furnish evidence satisfactory be delivered to Landlord by Tenant upon commencement of the maintenance term of the Lease and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration effective date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining renewal of insurance shall said insurance. Tenant will not be deemed permit the Premises to be a waiver used for any purpose or in any manner that would (i) void the insurance thereon, (ii) increase the insurance risk, or (iii) cause the disallowance of any sprinkler credits, including without limitation, use of the Premises for the receipt, storage or handling of any product, material or merchandise that is explosive or highly inflammable. If any increase in the cost of any insurance on the Premises or the Building is caused by Tenant’s default hereunder). The cost to Landlord ' s use of obtaining such policiesthe Premises, plus an administrative fee in or because Tenant vacates the Premises, then Tenant shall pay the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant increase to Landlord as Additional Rent landlord upon demand.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Mannatech Inc), Commercial Lease Agreement (Mannatech Inc)

Tenant’s Insurance. The Tenant will shall maintain during the following policy or policies of insurance, at its expense, insuring Tenant and naming Landlord as an additional insured: Term (i) special form all risks insurance upon property owned by the Tenant or for which it is liable (formerly known as all riskincluding glass) property insurance and which is located on all of its personal propertythe Premises including, including removable trade without limitation, furniture fittings, installations, alterations, additions, partitions and fixtures and leasehold and tenant improvements, and Tenant’s Property located or anything in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles nature of a leasehold improvement made or installed by or on behalf of the Tenant in an amount for equal to the full replacement cost thereof; (ii) comprehensive general liability insurance against claims for death, personal injury and property damage in or about the Premises in amounts satisfactory from time to time to the Landlord acting reasonably but in any event in an amount not less than $5,000,000.00 per occurrence for personal injury and property damage; (iii) tenant's legal liability insurance for limits satisfactory from time to time to the Landlord acting reasonably; (iv) Business interruption insurance; and (v) such other insurance as Landlord may from time to time require. Each such policy shall be in form and with insurers acceptable to the Landlord. The insurance described in paragraphs (i) and (ii) commercial general above shall name the Landlord and anyone designated in writing by the Landlord as Mortgagee as additional insureds as their interests may appear. All property damage and public liability insurance (including endorsement shall contain a provision for cross-liability or separate policy severability of interest as between the Landlord and the Tenant. The Tenant hereby releases the Landlord from any liability for owned loss to the extent of all insurance proceeds under policies of insurance carried by the Tenant or non-owned automobile liability) with respect which would have been paid if the Tenant had maintained the insurance it is required to its activities in the Building and on the Property, with the premiums thereon fully paid on or before the due date, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrencemaintain under this Lease. Tenant’s insurance Such policies shall name Landlord as contain an additional insured and shall include coverage for endorsement requiring the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of insurers under such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer policies to notify the Landlord in writing at least thirty (30) days prior to any material change or cancellation thereof. The Tenant shall furnish to the modificationLandlord certified copies of all such policies for its acceptance, cancellation or expiration as aforesaid, and shall provide written evidence of the continuation of such insurance policies. In the event Tenant shall policies not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) less than ten days prior to the expiration date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder)their respective expiry dates. The cost to Landlord of obtaining or premium for each and every such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies policy shall be paid by the Tenant. If the Tenant fails to maintain such insurance, the Landlord shall have the right, but not the obligation or any liability to do so, to pay the cost or premium therefor, and in such event the Tenant shall repay to the Landlord, as Additional Rent upon demandRent, forthwith on demand the amount so paid.

Appears in 2 contracts

Samples: Of Agreement (SMTC Corp), Lease (SMTC Corp)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceTenant, at its expense, insuring Tenant shall obtain and naming Landlord as an additional insured: (i) special form (formerly known as all risk) property insurance on all keep in full force and effect a policy of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) commercial general liability insurance under which Tenant is named as the insured and Landlord, Landlord’s managing agent for the Building, Landlord’s asset manager and any Superior Lessors and any Mortgagees (including endorsement whose names shall have been furnished to Tenant) are named as additional insureds, which insurance shall provide primary coverage without contribution from any other insurance carried by or separate for the benefit of Landlord, Landlord’s managing agent or any Superior Lessors or Mortgagees named as additional insureds and such coverage shall include without limitation broad-form contractual liability coverage to insure its indemnity obligations set forth in Article 28 hereof. Tenant’s primary commercial general liability policy for owned shall contain a provision that the policy shall be noncancellable unless twenty (20) days’ written notice shall have been given to Landlord and Landlord shall similarly receive twenty (20) days’ notice of any material change in coverage or non-owned automobile liability) with respect to its activities renewal upon expiration. Tenant shall maintain commercial general liability insurance covering claims for bodily injury, death or property damage occurring upon, in or about the Building and on the Real Property, with the premiums thereon fully paid on or before the due date, having a minimum combined single limit in an amount of not less than $2,000,000 per occurrence per person 2,000,000.00. Notwithstanding the foregoing however, that Landlord shall retain the right to require Tenant to increase said coverage to that amount of insurance which in Landlord’s reasonable judgment is then being customarily required by prudent landlords of comparable buildings in the City of Chicago, and provided further that Landlord shall require similar increases of other tenants of space in the Building comparable to the Premises. The foregoing policies of insurance if provided on a blanket policy with respect to more than the Real Property shall apply to each location as though each had its own separate policies. Tenant shall also obtain and keep in full force and effect during the Term, (a) insurance against loss or damage by fire, and such other risks and hazards as are insurable under then available standard forms of “all risk property” insurance policies, to Tenant’s Property and Tenant’s Alterations for bodily injurythe full insurable value thereof or on a replacement cost basis; (b) Workers’ Compensation Insurance, property damageas required by law and Employer’s Liability insurance; (c) Business Interruption Insurance in an amount not less than twelve (12) months of annual Rent under this Agreement; and (d) such other insurance in such amounts as Landlord, personal injury or combination thereof (any Mortgagee and/or Superior Lessor may reasonably require from time to time. All insurance required to be carried by Tenant pursuant to the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it terms of this Lease shall be for at least $2,000,000 per occurrence with effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of Illinois, and rated in Best’s Insurance Guide, or any successor thereto (or if there be none, an umbrella policy organization having a national reputation) as having a Best’s Rating” of “A-” and a “Financial Size Category” of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for “XI” or if such ratings are not then in effect, the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demandequivalent thereof.

Appears in 2 contracts

Samples: Agreement of Lease (Groupon, Inc.), Agreement of Lease (Groupon, Inc.)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceshall, at its expenseown cost, insuring Tenant at all times during the Lease Term, procure and naming Landlord maintain workmen's compensation insurance in the maximum statutory amount and Employers Liability insurance in the amount of $500,000, each covering all persons employed by Tenant, insurance coverage at least as an additional insured: broad as ISO Special Form Coverage against risks of direct physical loss or damage (i) special form (formerly commonly known as "all risk") property insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; of Tenant's Property and (ii) commercial general liability insurance (the contents of the Premises including endorsement or separate policy for owned or non-owned automobile liability) with respect damage due to its activities in the Building and on the Property, with the premiums thereon fully paid on or before the due datewater leakage, in an amount of not less than $2,000,000 per occurrence per person equal to their full replacement cost, and commercial general liability insurance, including coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable employee and slandercontractual liability exclusions deleted), provided that if only single limit coverage is available it shall be for at least products and completed operations, contractual liability, owner's protective liability, and broad form property damage with the following limits of liability: $2,000,000 per 2,000,000.00 each occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrencefor bodily injury, property damage and personal injury; $2,000,000.00 aggregate for bodily injury and property damage for products and completed operations. Tenant’s All such insurance shall be procured from a responsible insurance company or companies authorized to do business in the State where the Premises are located, with general policyholder's ratings of not less than AA + and a financial rating of not less than "XI" in the most current available Best's Insurance Reports, and shall be otherwise satisfactory to Landlord. All such policies (except workmen's compensation) shall name Landlord and Building Manager as additional insureds, and shall provide they cannot be canceled or altered except upon 30 days prior written notice to Landlord. All insurance maintained by Tenant shall be primary to any insurance carried by Landlord. If Tenant obtains any general liability insurance policy on a claims-made basis, Tenant shall provide continuous liability coverage for claims arising during the entire Lease Term, regardless of when the claims are made, either by obtaining an endorsement providing for an unlimited extended reporting period in the event any such policy is canceled or not renewed for any reason whatsoever or by obtaining new coverage with a retroactive date the same as or earlier than the expiration date of the canceled or expired policy. Tenant shall provide certificate(s), and if requested copies of the policies, of such insurance to Landlord upon commencement of the Lease Term and at least 30 days prior to their renewal date and such certificate(s) and policies shall name Landlord and Building Manager as an additional insured and insureds, in addition to the other requirements herein. The limits of Tenant's insurance shall include coverage for not, under any circumstances, limit the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demandunder this Lease.

Appears in 2 contracts

Samples: Office Lease (Esoft Inc), Office Lease (Lightbridge Inc)

Tenant’s Insurance. Tenant will maintain shall procure at its cost and expense and keep in effect during the Term broad form comprehensive general liability insurance, including, without limitation, contractual liability for Tenant's indemnity obligation contained in Section 17 and specific coverage of risks arising out of any activities of Tenant pursuant to Articles 7 and 8, with a combined single limit of liability in an amount equal to the amount set forth in the Summary. Such coverage shall be in a comprehensive general liability form with at least the following policy or policies endorsements to the extent such endorsements are generally available: (i) deleting any employee exclusion on personal injury coverage, (ii) including employees as additional insureds, (iii) providing for blanket contractual coverage and broad form property damage coverage, (iv) deleting any liquor liability exclusions, and (v) providing for coverage of insurance, at its expense, insuring Tenant employees' automobile non ownership liability. Such insurance shall name Landlord and naming any other party designated by Landlord as an additional insured: , shall be carried by companies licensed to do business in California and which have a general policy holders' rating of at least "VIII" as set forth in the most current issue of "Best's Insurance Guide", shall specifically include the liability assumed hereunder by Tenant, shall provide that it is primary insurance and not in excess over or contributory with any other valid, existing and applicable insurance covering the same loss carried by Landlord or any other party, shall provide for severability of interests, shall further provide that an act or omission of one of the named insiders which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (ior the onset of which occurred or arose) special form (formerly known as all risk) property insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvementsin whole or part during the policy period, and Tenant’s Property located in shall provide that Landlord will receive thirty (30) days' written notice from the Leased Premises and in insurer prior to any cancellation or change of coverage. Tenant shall deliver policies of such additional amounts as are required insurance or certificates thereof to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) commercial general liability insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and on the Property, with the premiums thereon fully paid Landlord on or before the due date, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insuranceCommencement Date, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord thereafter at least thirty (30) days prior to before the modification, cancellation or expiration dates of such insurance expiring policies. In ; and in the event Tenant shall not have delivered fail to procure such insurance, or to deliver such policies or certificates, Landlord may, at its option, procure same for the account of Tenant, and the cost thereof shall be paid to Landlord a policy or certificate evidencing within five (5) days after delivery to Tenant of bills therefore. Tenant shall be responsible, at its cost and expense, for separately insuring Tenant's property. The amounts of such insurance at least thirty (30) days prior shall be subject to the expiration date adjustment from time to time as requested by Landlord based upon Landlord's determination of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) such insurance generally required for comparable tenants, premises and buildings in the general geographic location of the cost of such policies shall be paid Building or required by Tenant to Landlord as Additional Rent upon demanda lender with an interest in the Building.

Appears in 2 contracts

Samples: Lease (Avantgo Inc), Lease (Avantgo Inc)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceshall, at its Tenant's expense, obtain and keep in force during the term of this Lease, a commercial general liability insurance policy insuring Tenant and naming protecting Landlord and the Landlord Entities against any liability to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and property damage, personal injury, contractual liability, completed operations, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or maintenance of the Leased Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence with a TWO MILLION DOLLAR ($2,000,000.00) annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured: (i) special form (formerly known as all risk) property insurance on all ; shall insure performance by Tenant of its personal propertythe indemnity provisions of this Lease; shall be primary, including removable trade fixtures and leasehold and tenant improvementsnot contributing with, and Tenant’s Property located not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the Leased Premises and in such insured or additional amounts insureds which would void or otherwise reduce coverage shall not void or reduce coverages as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereofother insured or additional insureds; and shall afford coverage after the term of this Lease (ii) commercial general liability insurance (including endorsement or by separate policy or extension if necessary) for owned or non-owned automobile liability) with respect to its activities in the Building and all claims based on the Propertyacts, with the premiums thereon fully paid on or before the due dateomissions, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single of this Lease. The limits of said insurance shall not limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual any liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demand.

Appears in 2 contracts

Samples: Office Lease (Kronos Bio, Inc.), Office Lease (Kronos Bio, Inc.)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceTenant, at its expense, insuring Tenant shall obtain and naming Landlord as an additional insured: (i) special form (formerly known as all risk) property insurance on all keep in full force and effect a policy of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) commercial general liability insurance under which Tenant is named as the insured and Landlord, Landlord’s managing agent for the Building, Landlord’s asset manager and any Superior Lessors and any Mortgagees (including endorsement whose names shall have been furnished to Tenant) are named as additional insureds, which insurance shall provide primary coverage without contribution from any other insurance carried by or separate for the benefit of Landlord, Landlord’s managing agent or any Superior Lessors or Mortgagees named as additional insureds and such coverage shall include without limitation broad-form contractual liability coverage to insure its indemnity obligations set forth in Article 28 hereof. Tenant’s primary commercial general liability policy for owned shall contain a provision that the policy shall be noncancellable unless twenty (20) days’ written notice shall have been given to Landlord and Landlord shall similarly receive twenty (20) days’ notice of any material change in coverage or non-owned automobile liability) with respect to its activities renewal upon expiration. Tenant shall maintain commercial general liability insurance covering claims for bodily injury, death or property damage occurring upon, in or about the Building and on the Real Property, with the premiums thereon fully paid on or before the due date, having a minimum combined single limit in an amount of not less than $2,000,000 per occurrence per person 2,000,000.00. Notwithstanding the foregoing however, that Landlord shall retain the right to require Tenant to increase said coverage to that amount of insurance which in Landlord’s reasonable judgment is then being customarily required by prudent landlords of comparable buildings in the City of Chicago, and provided further that Landlord shall require similar increases of other tenants of space in the Building comparable to the Premises. The foregoing policies of insurance if provided on a blanket policy with respect to more than the Real Property shall apply to each location as though each had its own separate policies. Tenant shall also obtain and keep in full force and effect during the Term, (a) insurance against loss or damage by fire, and such other risks and hazards as are insurable under then available standard forms of “all risk property” insurance policies, to Tenant’s Property and Tenant’s Alterations for bodily injurythe full insurable value thereof or on a replacement cost basis; (b) Workers’ Compensation Insurance, property damageas required by law and Employer’s Liability Insurance; (c) Business Interruption Insurance in an amount not less than twelve (12) months of annual Rent under this Agreement; and (d) such other insurance in such amounts as Landlord, personal injury or combination thereof (any Mortgagee and/or Superior Lessor may reasonably require from time to time. All insurance required to be carried by Tenant pursuant to the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it terms of this Lease shall be for at least $2,000,000 per occurrence with effected under valid and enforceable policies issued by reputable and independent insurers permitted to do business in the State of Illinois, and rated in Best’s Insurance Guide, or any successor thereto (or if there be none, an umbrella policy organization having a national reputation) as having a Best’s Rating” of “A-” and a “Financial Size Category” of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for “XI” or if such ratings are not then in effect, the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demandequivalent thereof.

Appears in 2 contracts

Samples: Agreement of Lease (Groupon, Inc.), Agreement of Lease (Groupon, Inc.)

Tenant’s Insurance. Tenant will shall procure and maintain the following policy or policies of insurance, at its sole cost and expense, insuring Tenant during the entire Term hereof with terms and naming Landlord as an additional insured: (i) special form (formerly known as all risk) property insurance on all of its personal property, including removable trade fixtures coverages and leasehold and tenant improvements, and Tenant’s Property located in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) commercial general liability insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and on the Property, with the premiums thereon fully paid on or before the due date, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount companies reasonably satisfactory to LandlordLandlord and with such increases in limits as Landlord may from time to time reasonably request, including all insurance required under any Mortgage and/or the Hotel Management Agreement, the Master Leases, the Condominium Documents or the Subleases. Prior Alternatively, Landlord may cause such policies to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance be procured and timely renewal of such insurancemaintained, and Tenant shall obtain and deliver to reimburse Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of for the cost thereof, upon demand. If Landlord provides policies of insurance, such policies shall be paid by all risk coverage exclusive of footings and foundation. All policies of insurance required hereunder which insure against loss or damage to the Premises shall provide that the proceeds thereof (or so much of such proceeds as pertain to loss or damage to the Premises) shall be payable to Landlord, and if Landlord so requests, shall also be payable to any contract purchaser of the Premises and any holder of a Mortgage, as the interest of such purchaser or holder of a Mortgage appears pursuant to a standard named insured or mortgagee clause. Tenant shall not, on Tenant’s own initiative or pursuant to request or requirement of any third party, take out separate insurance concurrent in form or contributing in the event of loss with that required hereunder, unless Landlord is included therein as a named insured with loss payable as in this Section provided Tenant shall immediately notify Landlord whenever any such separate insurance is taken out and shall deliver to Landlord as Additional Rent upon demandduplicate originals thereof or original certificates evidencing the same with true copies of such insurance policies attached. All such policies of insurance shall provide that any loss shall be payable to Landlord notwithstanding any act or omission of Tenant which might otherwise result in a forfeiture or reduction of such insurance.

Appears in 1 contract

Samples: Lease (Morgans Hotel Group Co.)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceshall, at its Tenant’s expense, obtain and keep in force during the term of this Lease, a commercial general liability insurance policy, written on an occurrence basis, insuring Tenant and naming protecting Landlord and the Landlord Entities against any liability to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the use, occupancy or maintenance of the Leased Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence with a TWO MILLION DOLLARS ($2,000,000.00) annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured: ; shall insure performance by Tenant of the indemnity provisions of this Lease (i) special form (formerly known as all risk) property insurance on all of its personal propertysubject to standard policy exceptions and exclusions); shall be primary, including removable trade fixtures and leasehold and tenant improvementsnot contributing with, and Tenant’s Property located not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the Leased Premises and in such insured or additional amounts insureds which would void or otherwise reduce coverage shall not void or reduce coverages as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) commercial general liability other insured or additional insureds. The limits of said insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and on the Property, with the premiums thereon fully paid on or before the due date, in an amount of shall not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual any liability of Tenant to indemnify Landlord hereunder. Not more frequently than every year, if, in the reasonable opinion of Landlord, the amount of liability insurance required hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premisesis not adequate, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such promptly increase said insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance coverage as Landlord may reasonably require to protect required by Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demand.

Appears in 1 contract

Samples: Office Lease (Atara Biotherapeutics, Inc.)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceshall, at its Tenant’s expense, obtain and keep in force during the term of this Lease, a commercial general liability insurance policy insuring Tenant and naming protecting Landlord and the Landlord Entities against any liability to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) per occurrence with a FIVE MILLION DOLLAR ($5,000,000.00) annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured: (i) special form (formerly known as all risk) property insurance on all ; shall insure performance by Tenant of its personal propertythe indemnity provisions of this Lease; shall be primary, including removable trade fixtures and leasehold and tenant improvementsnot contributing with, and Tenant’s Property located not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the Leased Premises and in such insured or additional amounts insureds which would void or otherwise reduce coverage shall not void or reduce coverages as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereofother insured or additional insureds; and shall afford coverage after the term of this Lease (ii) commercial general liability insurance (including endorsement or by separate policy or extension if necessary) for owned or non-owned automobile liability) with respect to its activities in the Building and all claims based on the Propertyacts, with the premiums thereon fully paid on or before the due dateomissions, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single of this Lease. The limits of said insurance shall not limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual any liability of Tenant to indemnify Landlord hereunder. Not more frequently than every year, if, in the reasonable opinion of Landlord, the amount of liability insurance required hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premisesis not adequate, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such promptly increase said insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance coverage as Landlord may reasonably require to protect required by Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demand.

Appears in 1 contract

Samples: Office Lease (Sphere 3D Corp)

Tenant’s Insurance. (a) COMMERCIAL GENERAL LIABILITY INSURANCE. Tenant will maintain the following policy or policies of insuranceshall, at its Tenant's expense, insuring Tenant secure and naming Landlord as an additional insured: (i) special form (formerly known as all risk) property insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located keep in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) force a "broad form" commercial general liability insurance (including endorsement and property damage policy covering the Premises, insuring Tenant, and naming Landlord, Landlord's lenders and, at Landlord's request, such other persons or separate entities of which Tenant has been informed in writing, as additional insureds, against any liability arising out of the ownership, use, occupancy or maintenance of the Premises. The minimum limit of coverage of such policy for owned or non-owned automobile liability) with respect to its activities shall be in the Building and on the Property, with the premiums thereon fully paid on or before the due date, in an amount of not less than Two Million Dollars ($2,000,000 per occurrence per person coverage 2,000,000.00) for bodily injury, property damage, personal injury or combination thereof death of one person in any one accident or occurrence and in the amount of not less than Two Million Dollars (the term “personal injury” as used herein means$2,000,000.00) for injury or death of more than one person in any one accident or occurrence, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit shall include an extended liability endorsement providing contractual liability coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and (which shall include coverage for Tenant's indemnification obligations in this Lease), and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least Two Million Dollars ($2,000,000.00). Landlord may from time to time require reasonable increases in any such limits if Landlord believes that additional coverage is necessary or desirable. The limit of any insurance shall not limit the contractual liability of Tenant hereunder. No policy maintained by Tenant under this Paragraph 15(a) shall contain a deductible greater than Two Thousand Five Hundred Dollars ($2,500.00). No policy shall be cancelable or subject to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession reduction of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least coverage without thirty (30) days prior written notice to Landlord. Such policies of insurance shall be issued as primary policies and not contributing with or in excess of coverage that Landlord may carry, by an insurance company authorized to do business in the modificationstate/commonwealth in which the Premises are located for the issuance of such type of insurance coverage and rated AX in Best's Key Rating Guide. All deductibles shall be deemed self-insured with full waiver of subrogation. All policies shall contain an endorsement that the insurer waives its right to subrogation as set forth below in Paragraph 17 and shall be in amounts sufficient at all times to satisfy any coinsurance requirements thereof. Furthermore, cancellation Each such policy shall also provide that any loss otherwise payable thereunder shall be payable notwithstanding (i) any act or expiration omission of Landlord or Tenant which might, absent such provision, result in a forfeiture of all or a part of such insurance policies. In payment, (ii) the event Tenant shall not have delivered to Landlord a policy occupation or certificate evidencing use of the Premises for purposes more hazardous than permitted by the provisions of such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require (iii) any foreclosure or other action or proceeding taken by any mortgagee pursuant to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) any provision of the cost mortgage upon the happening of such policies shall be paid by Tenant to Landlord as Additional Rent upon demanda default thereunder, or (iv) any change in title or ownership of the Premises.

Appears in 1 contract

Samples: Office Lease Agreement (Performance Capital Management LLC)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceTenant, at its expensesole cost and expense but for the mutual benefit of Landlord (when used in this Section 10.A. the term "LANDLORD" shall include Landlord's partners, insuring beneficiaries, officers, agents, servants and employees and the term "TENANT" shall include Tenant's partners, beneficiaries, officers, agents, servants and employees), agrees to purchase and keep in force and effect during the term hereof, insurance under policies issued by insurers of recognized responsibility licensed to do business in the State of Tennessee with a Best's rating of A/X or better on all alterations, additions, and improvements owned by Tenant, and on all personal property located in the Building, protecting Landlord and Tenant from damage or other loss caused by fire or other casualty, including but not limited to vandalism and malicious mischief, perils covered by extended coverage, theft, sprinkler leakage, water damage (however caused), explosion malfunction or failure of heating and cooling or other apparatus, and other similar risks in amounts not less than the full insurable replacement value of such property. Such property insurance shall provide that it is specific and non-contributory and shall contain a replacement cost endorsement. Such insurance shall also contain a clause pursuant to which the insurance carriers waive all rights of subrogation against the Landlord with respect to losses payable under such policies. Tenant also agrees to maintain commercial general liability insurance covering Tenant as the insured party, and naming Landlord as an additional insured: (i) special form (formerly known as all risk) , against claims for bodily injury and death and property insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located damage occurring in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) commercial general liability insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in about the Building and on the Propertyin accordance with Section 11 below, with the premiums thereon fully paid on or before the due date, in an amount limits of not less than One Million Dollars ($2,000,000 1,000,000.00) per occurrence per person coverage for bodily injuryand Five Million Dollars ($5,000,000.00) general aggregate. Tenant shall, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual liability of Tenant prior to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession commencement of the Premisesterm, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of certificates evidencing such insurancecoverage, and Tenant which certificates shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord state that such insurance coverage may not be changed or canceled without at least thirty (30) days prior written notice to the modification, cancellation or expiration of such insurance policiesLandlord and Tenant. In the event Tenant shall not have delivered fail to procure such insurance, Landlord a policy or certificate evidencing such insurance may at least thirty its option after giving Tenant no less than ten (3010) days prior written notice of its election to do so procure the expiration date same for the account of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of Tenant and the cost of such policies thereof shall be paid by Tenant to Landlord as Additional Rent additional rent upon demandreceipt by Tenant of bills therefor.

Appears in 1 contract

Samples: Office Building Lease (Tractor Supply Co /De/)

Tenant’s Insurance. Tenant will To maintain (a) at all times during the following policy or policies term of insurance, this lease and at its expense, insuring Tenant and naming Landlord as an additional insured: (i) special form (formerly known as all risk) property insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s expense All Risk Property located in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for insurance including coverage of the full replacement cost thereofvalue of Tenant’s improvements, betterments, furniture, fixtures, equipment and contents. The insurer used by Tenant hereunder shall waive rights of subrogation against Landlord for losses payable under such All Risk Property insurance; (b) at all times during the term of this lease and (ii) at Tenant’s expense a commercial general liability insurance policy (including endorsement hereinafter referred to as a “Liability Policy”). Such Liability Policy shall include Landlord (and any other party reasonably required by Landlord), as Additional Insured and be written on an “occurrence basis” including, without limitation, blanket contractual liability coverage, broad form property damage, and personal injury coverage protecting Landlord against liability (except for liability resulting from gross negligence or separate policy for owned or non-owned automobile liabilitywillful misconduct of Landlord) with respect to its activities in the Building and on the Property, with the premiums thereon fully paid occasioned by any occurrence on or before about the due date, premises. Such Liability Policy shall be maintained in an amount of not less than $1,000,000 for a single occurrence limit and $2,000,000 for an aggregate limit, and, in addition, $5,000,000 per single occurrence and $5,000,000 per person coverage for bodily injury, property damage, personal injury aggregate of excess or combination thereof umbrella liability insurance; (c) at all times during the term “personal injury” of this lease and at Tenant’s expense such other insurance or such additional amounts of insurance with respect to the leased property as used herein means, without limitation, false arrest, detention is generally maintained by persons having similar exposures or imprisonment, malicious prosecution, wrongful entry, liable properties similarly situated and slander), provided that if only single limit coverage is available it as the Landlord shall from time to time reasonably require. All policies of insurance maintained by Tenant shall be for at least $2,000,000 per occurrence in a form acceptable to Landlord with an umbrella policy A.M. Best rating of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as (A-)(VIII); issued by an additional insured and shall include coverage for the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount insurer reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory acceptable to Landlord and licensed to do business in The Commonwealth of the maintenance Massachusetts; and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord require at least thirty (30) days prior to the modificationwritten notice of cancellation, cancellation non-renewal or expiration of such insurance policies. In the event Tenant shall not have delivered material alteration to Landlord a policy or certificate evidencing such insurance at least and to Landlord’s mortgagee(s), and those who are named as additional insureds. If requested by Landlord, Tenant shall, upon the Commencement Date, and thereafter no less than thirty (30) days prior to the expiration date of each expiring such policy, deliver to Landlord may obtain such insurance as Landlord may reasonably require to protect or Landlord’s interest designated representative insurance certificates and written evidence satisfactory to Landlord that all premiums have been paid and all policies are in effect. If Tenant fails to secure or maintain any insurance coverage required by Section A above, or should insurance secured not be approved by Landlord (which obtaining of insurance approval shall not be deemed to be a waiver unreasonably withheld), Landlord may, without obligation, purchase such required insurance coverage at Tenant’s expense. Tenant shall promptly reimburse Landlord for any monies so expended. Landlord shall keep all of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee employees working in the amount of fifteen percent (15%) of the cost of such policies shall be paid Premises covered by Tenant worker’s compensation insurance in statutory amounts and to furnish Landlord as Additional Rent upon demandwith certificates thereof.

Appears in 1 contract

Samples: Lightspace Corp

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceshall, at its Tenant’s expense, obtain and keep in force during the term of this Lease, a commercial general liability insurance policy insuring Tenant and naming protecting Landlord and the Landlord Entities against any liability to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than One Million Dollars ($1,000,000.00) per occurrence with a Two Million Dollar ($2,000,000.00) annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured: (i) special form (formerly known as all risk) property insurance on all ; shall insure performance by Tenant of its personal propertythe indemnity provisions of this Lease; shall be primary, including removable trade fixtures and leasehold and tenant improvementsnot contributing with, and Tenant’s Property located not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the Leased Premises and in such insured or additional amounts insureds which would void or otherwise reduce coverage shall not void or reduce coverages as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereofother insured or additional insureds; and shall afford coverage after the term of this Lease (ii) commercial general liability insurance (including endorsement or by separate policy or extension if necessary) for owned or non-owned automobile liability) with respect to its activities in the Building and all claims based on the Propertyacts, with the premiums thereon fully paid on or before the due dateomissions, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single of this Lease. The limits of said insurance shall not limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual any liability of Tenant to indemnify Landlord hereunder. Not more frequently than every year, if, in the reasonable opinion of Landlord, the amount of liability insurance required hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premisesis not adequate, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such promptly increase said insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance coverage as Landlord may reasonably require to protect required by Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demand.

Appears in 1 contract

Samples: Office Lease (Biotie Therapies Corp.)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceshall, at its Tenant's expense, obtain and keep in force during the Term of this Lease, a commercial general liability insurance policy insuring Tenant against the risks of, bodily injury and naming property damage, personal injury, contractual liability, completed operations, owned and non-owned automobile liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence with a Three Million Dollar ($3,000,000.00) annual aggregate. Landlord and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured: (i) special form (formerly known as all risk) property insurance on all ; shall insure performance by Tenant of its personal propertythe indemnity provisions of this Lease; shall be primary, including removable trade fixtures and leasehold and tenant improvementsnot contributing with, and Tenant’s Property located not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the Leased Premises and in such insured or additional amounts insureds which would void or otherwise reduce coverage shall not void or reduce coverages as are required to meet Tenant’s obligations hereunder and with deductibles in the other insured or additional insureds. Such Coverage afforded be on an amount for the full replacement cost thereof; and (ii) commercial general liability insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and on the Property, with the premiums thereon fully paid on or before the due date, in an amount of not less than $2,000,000 per occurrence per person form providing coverage for bodily injuryclaims made after the Term of this Lease for all claims based on acts, property damageomissions, personal injury or combination thereof damage which occurred or arose (or the term “personal injury” as used herein means, without limitation, false arrest, detention onset of which occurred or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single arose) in whole or in part during the Term of this Lease. The limits of said insurance shall not limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual any liability of Tenant to indemnify Landlord hereunder. Not more frequently than every year, if, in the reasonable opinion of Landlord, the amount of liability insurance required hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premisesis not adequate, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insuranceshall, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least within thirty (30) days prior to the modificationfollowing Landlord's notice, cancellation or expiration of such increase said insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance coverage as Landlord may reasonably require to protect required by Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord limits specified above may be satisfied with a combination of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demandprimary and Umbrella/Excess Insurance.

Appears in 1 contract

Samples: Office Lease (Witness Systems Inc)

Tenant’s Insurance. Unless expressly waived in writing by Landlord or procured by Landlord and assessed as an Operating Cost, Tenant will shall, at its cost and expense, procure and maintain in force during the following term of this Lease, and any extension or renewal thereof, a policy or policies of insuranceinsurance written by one or more responsible insurance carriers approved by Landlord, at its expense, insuring Tenant and naming Landlord as an additional insured: insured (i) special form (formerly known as all risk) property insurance on all of its personal propertyunless specified otherwise), and providing comprehensive public liability insurance, including removable trade fixtures bodily injury and leasehold and tenant improvementsproperty damage, and Tenant’s Property located in insuring against all claims, demands or actions caused by conditions or activities in, on or about the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) commercial general liability insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and on the PropertyDemised Premises, with the premiums thereon fully paid on or before the due date, in an amount limits of not less than S500,000.00 per person and $2,000,000 1,000,000.00 per occurrence per person coverage for bodily injuryinjury to persons, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable including death resulting therefrom and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 1,000,000.00 per occurrence with an umbrella policy for damage to the property of at least others, or in the alternative, a $5,000,000 1,000,000.00 combined single limit per occurrencebodily injury and property damage policy, with no more than a $5,000.00 deductible clause. Tenant’s Such required policies of insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord not be cancelable without at least thirty (30) days days' prior written notice to Landlord. Tenant shall provide Landlord with proof of such required insurance prior to the modificationcommencement of this Lease, cancellation or expiration and during the term hereof, with the original renewal policy of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring such policy. Within fifteen (15) days after the premium on any policy shall become due and payable, Tenant shall furnish Landlord with satisfactory evidence of such payment. If such insurance policies are not kept in force during the entire term of this Lease or any extension or renewal hereof, Landlord may obtain procure the necessary insurance and pay the premium therefor, and such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies premium shall be paid by Tenant repaid to Landlord as Additional Rent upon demandadditional rent for the month following the date on which such premiums are paid. All insurance by Tenant as herein required shall contain an express waver of subrogation by the insurer against Landlord.

Appears in 1 contract

Samples: Lease (Healthcomp Evaluation Services Corp)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceTenant, at its expensesole cost and expense but for the mutual benefit of Landlord (when used in this Section 10.A. the term “Landlord” shall include Landlord’s partners, insuring beneficiaries, officers, agents, servants and employees and the term “Tenant” shall include Tenant’s partners, beneficiaries, officers, agents, servants and employees), agrees to purchase and keep in force and effect during the term hereof, insurance, under policies issued by insurers of recognized responsibility licensed to do business in the State of Tennessee with a Best’s rating of A/X or better, on all alterations, additions, and improvements owned by Tenant, and on all personal property of Tenant located in the Premises, protecting Landlord and Tenant from damage or other loss caused by fire or other casualty, including but not limited to vandalism and malicious mischief, perils covered by extended coverage, theft, sprinkler leakage, water damage (however caused), explosion malfunction or failure of heating and cooling or other apparatus, and other similar risks in amounts not less than the full insurable replacement value of such property. Such property insurance shall provide that it is specific and non-contributory and shall contain a replacement cost endorsement. Such insurance shall also contain a clause pursuant to which the insurance carriers waive all rights of subrogation against the Landlord with respect to losses payable under such policies. Tenant also agrees to maintain commercial general liability insurance covering Tenant as the insured party, and naming Landlord as an additional insured: (i) special form (formerly known as all risk) , against claims for bodily injury and death and property insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located damage occurring in or about the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) commercial general liability insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and on the PropertyPremises, with the premiums thereon fully paid on or before the due date, in an amount limits of not less than One Million Dollars ($2,000,000 1,000,000.00) per occurrence per person coverage for bodily injuryand Five Million Dollars ($5,000,000.00) general aggregate. Tenant shall, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual liability of Tenant prior to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession commencement of the Premisesterm, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of certificates evidencing such insurancecoverage, and Tenant which certificates shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord state that such insurance coverage may not be changed or canceled without at least thirty (30) days prior written notice to the modification, cancellation or expiration of such insurance policiesLandlord and Tenant. In the event Tenant shall not have delivered fail to procure such insurance, Landlord a policy or certificate evidencing such insurance may at least thirty its option after giving Tenant no less than ten (3010) days prior written notice of its election to do so procure the expiration date same for the account of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of Tenant and the cost of such policies thereof shall be paid by Tenant to Landlord as Additional Rent additional rent upon demandreceipt by Tenant of bills therefor. Tenant may satisfy the insurance requirements provided above under a blanket policy covering the Premises and other locations of Tenant, provided that the protection provided under such blanket policy shall be no less than that which would have been offered under separate policy relating only to the Premises.

Appears in 1 contract

Samples: Office Space Lease (AAC Holdings, Inc.)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceshall, at its Tenant’s expense, obtain and keep in force during the term of this Lease, a commercial general liability insurance policy insuring Tenant against the risks of, bodily injury and naming property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence with a Three Million Dollar ($3,000,000.00) annual aggregate. Landlord and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured: (i) special form (formerly known as all risk) property insurance on all ; shall insure performance by Tenant of its personal propertythe indemnity provisions of this Lease; shall be primary, including removable trade fixtures and leasehold and tenant improvementsnot contributing with, and Tenant’s Property located not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the Leased Premises and in such insured or additional amounts insureds which would void or otherwise reduce coverage shall not void or reduce coverage as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereofother insured or additional insureds; and shall afford coverage after the terms of this Lease (ii) commercial general liability insurance (including endorsement or by separate policy or extension if necessary) for owned or non-owned automobile liability) with respect to its activities in the Building and all claims based on the Propertyacts, with the premiums thereon fully paid on or before the due dateomissions, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof damage which occurred or arise (or the onset of which occurred or arose) in whole or in part during the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single of this Lease. The limits of said insurance shall not limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual any liability of Tenant to indemnify Landlord hereunder. Not more frequently than every year, if, in the reasonable opinion of Landlord, the amount of liability insurance required hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premisesis not adequate, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such promptly increase said insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance coverage as Landlord may reasonably require to protect required by Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demand.

Appears in 1 contract

Samples: Office Lease (Artisoft Inc)

Tenant’s Insurance. (b) The Tenant will maintain shall take out and keep in force during the following policy or policies of insurance, at its expense, insuring Tenant and naming Landlord as an additional insuredTerm: (i) special form comprehensive general public liability insurance all on an occurrence basis with respect the business carried on, in or from the Leased Premises and the Tenant's use and occupancy of the Leased Premises and of any other part of the Property, with coverage for any one occurrence or claim of not less than One Million Dollars (formerly known $1,000,000) or such other amount as all riskthe Landlord may reasonably require upon not less than one (1) property month notice at any time during the Term, which Insurance shall include the Landlord as a named insured and shall protect the Landlord in respect of claims by the Tenant as if the Landlord were separately insured; (ii) insurance on all in respect of its personal propertyfire and such other perils as are from time to time in extended coverage endorsement covering the Leasehold Improvements, including removable trade fixtures and leasehold the furniture and tenant improvements, and Tenant’s Property located equipment in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for not less than 80% of the full replacement cost thereofthereof and which insurance shall include the Landlord as insured as the Landlord's interest may appear; and (iiiii) commercial general liability insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect Insurance against such other perils and in such amounts as the Landlord may from time to its activities in the Building and on the Property, with the premiums thereon fully paid on or before the due date, in an amount of time reasonably require upon not less than $2,000,000 per occurrence per person coverage ninety (90) days written notice requirement to be made on the basis that the required insurance is customary at the time for bodily injury, property damage, personal injury or combination thereof (prudent tenants of properties similar to the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it Property. All insurance required to be maintained by the Tenant shall be for at least $2,000,000 per occurrence on terms and with an umbrella insurers satisfactory to the Landlord. Each policy shall contain a waiver by the insurer of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name any subrogation or indemnity or any other claim over to which the insurer might otherwise be entitled against the Landlord as an additional insured or the agents or employees of the Landlord, and shall include coverage for also contain an undertaking by the contractual liability of insurer that no material change adverse to the Landlord or the Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurancewill be made, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least policy will not lapse or be canceled, except after not less than thirty (30) days prior written notice to the modificationLandlord of the intended change, cancellation lapse or expiration of such insurance policiescancellation. In the event The Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior furnish to the expiration date Landlord, if and whenever requested by it, certificates or other evidences acceptable to the Landlord as to the insurance from time to time effected by the Tenant and its renewal or continuation in force, together with evidence as to the method of each expiring policydetermination of full replace cost of the Tenant's Leasehold Improvements, trade fixtures, furniture and equipment, and if the Landlord reasonably concludes that the all replacement cost has been underestimated, the Tenant shall forthwith arrange for any consequent increase in coverage required under sub-paragraph (b). If the Tenant shall fall to take out, renew and keep in force such insurance, or if the evidences submitted to the Landlord are unacceptable to the Landlord (or no such evidences are submitted within a reasonable period after request therefor by the Landlord), then the Landlord may obtain such insurance as give the Tenant written notice requiring compliance with this sub-paragraph and specifying the respects in which the Tenant is not then in compliance with this sub-paragraph. If the Tenant does not within forty-eight (48) hours provide appropriate evidence of compliance with this sub-paragraph the Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance but shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%obligated to) obtain some or all of the cost additional coverage or other insurance which the Tenant shall have failed to obtain, without prejudice to any other rights of such policies the Landlord under this Lease or otherwise, and the Tenant shall be paid pay all premiums and other reasonable expenses incurred by Tenant the Landlord to the Landlord as Additional Rent upon on demand.

Appears in 1 contract

Samples: Agreement (Beta Oil & Gas Inc)

Tenant’s Insurance. The Tenant will shall maintain during the following policy or policies of insurance, at its expense, insuring Tenant and naming Landlord as an additional insured: Term (i) special form all risks insurance upon property owned by the Tenant or for which it is liable (formerly known as all riskincluding glass) property insurance and which is located on all of its personal propertythe Premises including, including removable trade without limitation, furniture, fitting, installations, alterations, additions, partitions and fixtures and leasehold and tenant improvements, and Tenant’s Property located or anything in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles nature of a leasehold improvement made or installed by or on behalf of the Tenant in an amount for equal to the full replacement cost thereof; (ii) comprehensive general liability insurance against claims for death, personal injury and property damage in or about the Premises in amounts satisfactory from time to time to the Landlord acting reasonably but in any event in an amount not less than $2,000,000.00 per occurrence for personal injury and property damage; (iii) tenant's legal liability insurance for limits satisfactory from time to time to the Landlord acting reasonably; (iv) Business interruption insurance; and (v) such other insurance as Landlord may from time to time require. Each such policy shall be in form and with insurers acceptable to the Landlord. The insurance described in parts (1) and (ii) commercial general shall name the Landlord and anyone designated in writing by the Landlord as Mortgagee as additional insureds as their interests may appear. All property damage and public liability insurance (including endorsement shall contain a provision for cross-liability or separate policy severability of interest as between the Landlord and the Tenant. The Tenant hereby releases the Landlord from any liability for owned loss to the extent of all insurance proceeds paid under policies of insurance carried by the Tenant or non-owned automobile liability) with respect which would have been paid if the Tenant had maintained the insurance it is required to its activities in the Building and on the Property, with the premiums thereon fully paid on or before the due date, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrencemaintain under this Lease. Tenant’s insurance Such policies shall name Landlord as contain an additional insured and shall include coverage for endorsement requiring the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of insurers under such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer policies to notify the Landlord in writing at least thirty (30) days prior to any material change or cancellation thereof. The Tenant shall furnish to the modificationLandlord certified copies of all such policies for its acceptance, cancellation or expiration as aforesaid, and shall provide written evidence of the continuation of such insurance policies. In the event Tenant shall policies not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) less than ten days prior to the expiration date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder)their respective expiry dates. The cost to Landlord of obtaining or premium for each and every such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies policy shall be paid by the Tenant. If the Tenant fails to maintain such insurance, the Landlord shall have the right, but not the obligation of any liability to do so, to pay the cost or premium therefor, and in such event the Tenant shall repay to the Landlord, as Additional Rent upon demand.Rent, forthwith on demand the amount so paid. 13.5

Appears in 1 contract

Samples: Lease (Dura Products International Inc)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceagrees to maintain, at its Tenant’s expense, insuring in full force from the date upon which Tenant first enters the Premises for any reason, throughout the Term of this Lease, and naming Landlord thereafter so long as Tenant is in occupancy of any part of the Premises, (a) a policy of commercial general liability and property damage insurance (including broad form contractual liability, independent contractor’s hazard and completed operations coverage) in at least the amounts of $2,000,000 per occurrence/$3,000,000 aggregate (combined single limit) for property damage, bodily injury or death, under which Tenant is named as an additional insured: insured and Landlord, (ib) special form (formerly known as all risk) property insurance on all a “replacement cost” basis, insuring Tenant’s property and any alterations, additions and improvements located from time to time in the Premises, whether made by Tenant pursuant to this Lease or otherwise existing in the Premises as of its personal propertythe Commencement Date (such alterations, including removable trade fixtures additions and leasehold and tenant improvementsimprovements collectively the “Improvements”), (c) workers’ compensation insurance with statutory limits, (d) employer’s liability insurance with the following limits: bodily injury by disease per person $1,000,000.00; bodily injury by accident policy limit $1,000,000.00; bodily injury by disease policy limit $1,000,000.00, and Tenant’s Property located in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (iie) commercial general business automobile liability insurance (including endorsement or separate policy for owned, hired and non owned or non-owned automobile liability) with respect to its activities in the Building and on the Property, with the premiums thereon fully paid on or before the due dateautomobiles, in an amount of not less than One Million Dollars ($2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 1,000,000.00) combined single limit per occurrence. Tenant may satisfy such insurance requirements by including the Premises in a so-called “blanket” and/or “umbrella” insurance policy, provided that the amount of coverage allocated to the Premises is pursuant to a “per location” endorsement shall fulfill the requirements set forth herein. Tenant’s insurance shall be primary to, and not contributory with any insurance carried by Landlord, whose insurance shall be considered excess only. Each policy required hereunder shall be non cancelable and non amendable with respect to Landlord and Landlord’s said designees without thirty (30) days’ prior notice. The policies of insurance required to be maintained by Tenant hereunder shall be issued by companies domiciled in the United States and qualified and licensed to conduct business in the state in which the Property is located, and shall be rated A:X or better in the most current issue of Best’s Key Rating Guide (or any successor thereto). At all times during the Term, such insurance shall be maintained, and Tenant shall cause a current and valid certificate of such policies to be deposited with Landlord. If Tenant fails to have a current and valid certificate of such policies on deposit with Landlord at all times during the Term and such failure is not cured within three (3) Business Days following Tenant’s receipt of notice thereof from Landlord, Landlord shall have the right, but not the obligation, to obtain such an insurance policy, and Tenant shall be obligated to pay Landlord the amount of the premiums applicable to such insurance within ten (10) days after Tenant’s receipt of Landlord’s request for payment thereof. Tenant’s insurance policies shall name Landlord as an additional insured and shall not include coverage for the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession excess of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty Ten Thousand (30$10,000.00) days prior to the modification, cancellation or expiration of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demandDollars.

Appears in 1 contract

Samples: Lease Agreement (Ufp Technologies Inc)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceshall, at its Tenant’s expense, obtain and keep in force during the term of this Lease, a commercial general liability insurance policy insuring Tenant and naming protecting Landlord and the Landlord Entities against any liability to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or maintenance of the Leased Premises. Such insurance shall be a combined single limit policy in an amount not less than THREE MILLION DOLLARS ($3,000,000.00) per occurrence with a FIVE MILLION DOLLAR ($5,000,000.00) annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured: (i) special form (formerly known as all risk) property insurance on all of its personal property; shall be primary, including removable trade fixtures and leasehold and tenant improvementsnot contributing with, and Tenant’s Property located not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insureds which would void or otherwise reduce coverage shall not void or reduce coverages as to the other insured or additional insureds; and shall afford coverage after the term of this Lease (by separate policy or extension if necessary) for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term of this Lease. The limits of said insurance shall not limit any liability of Tenant hereunder. Not more frequently than every three (3) years, if, in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an reasonable opinion of Landlord, the amount for the full replacement cost thereof; and (ii) commercial general of liability insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities required hereunder is not adequate, Tenant shall promptly increase said insurance coverage as required by Landlord so long as Landlord has required the other similarly situated tenants in the Building and on the Property, with the premiums thereon fully paid on or before the due date, in an amount of not less than $2,000,000 per occurrence per person to similarly increase their insurance coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of extent Landlord has the right under the leases with such insurance policies. In the event Tenant shall not have delivered other tenants to Landlord a policy or certificate evidencing require such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee increases in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demandliability insurance.

Appears in 1 contract

Samples: Office Lease (Terns Pharmaceuticals, Inc.)

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Tenant’s Insurance. (a) Tenant will maintain agrees to secure and keep in force from and after the following policy or policies date Landlord shall deliver possession of insurancethe Premises to Tenant and throughout the term of this Lease, at its expense, insuring Tenant Tenant's sole cost and naming Landlord as an additional insured: (i) special form (formerly known as all risk) property insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) commercial expense comprehensive general liability insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and on the PropertyPremises under Tenant's care, custody and control, and all areas appurtenant thereto, on an occurrence basis with the premiums thereon fully paid on or before the due date, a minimum limit of liability in an amount of not less than One Million Dollars ($2,000,000 1,000,000.00) per occurrence per person coverage for bodily injuryoccurrence, property damage, personal injury or combination thereof Two Million Dollars (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it $2,000,000.00) aggregate. Evidence of said insurance shall be for at least $2,000,000 per occurrence with an umbrella policy provided to Landlord within thirty (30) days of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies occupancy and shall name Landlord as an additional insured insured. The policy shall contain cross liability endorsements and shall include insure performance by Tenant of the indemnity provisions of this Lease; shall cover contractual liability, and products liability; shall be primary, not contributing with, and not in excess of coverage which Landlord may carry; shall state that Landlord is entitled to recovery for the contractual negligence of Tenant even though Landlord and Landlord's lender are named as an additional insured, shall provide for severability of interest; shall provide that an act or omission of one of the insured or additional insured which would void or otherwise reduce coverage shall not void or reduce coverage as to the other insured or additional insured; and shall afford coverage after the term of this Lease (by separate policy or extension if necessary) for all claims based on acts, omissions injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term of this Lease. The limits of said insurance shall not limit any liability of Tenant to indemnify Landlord hereunder. Not more frequently than every three (3) years, if, in the reasonable opinion of Landlord, the amount of liability insurance required hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premisesis not adequate, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such promptly increase said insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance coverage as Landlord may reasonably require to protect required by Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demand.

Appears in 1 contract

Samples: Lease Agreement (Meadow Valley Corp)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceA. Tenant, at its expense, insuring Tenant shall obtain and naming Landlord as an additional insuredkeep in full force and effect during the Term: (i) special form (formerly known as all risk) property insurance on all a policy of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) commercial general liability insurance on an occurrence basis against claims for personal injury, bodily injury, death and/or property damage occurring in or about the Leased Premises, under which Tenant is named as the insured and (including endorsement a) Landlord, (b) any lender whose loan is secured by a lien against the Leased Premises, (c) their respective shareholders, members, partners, affiliates and subsidiaries, successors and assigns, and (d) any directors, officers, employees, agents, or separate policy contractors of such persons or entities (collectively, the “Landlord Parties”) are named as additional insureds. Such insurance shall provide primary coverage without contribution from any other insurance carried by or for owned or nonthe benefit of the Landlord Parties, and Tenant shall obtain blanket broad-owned automobile liability) form contractual liability coverage to insure its indemnity obligations set forth in Section 28 of the Lease Agreement. The minimum limits of liability applying exclusively to the Leased Premises shall be a combined single limit with respect to its activities in the Building and on the Property, with the premiums thereon fully paid on or before the due date, each occurrence in an amount of not less than $2,000,000 per occurrence per person 5,000,000; provided, however, that Landlord shall retain the right to require Tenant to increase such coverage from time to time to that amount of insurance which in Landlord’s reasonable judgment is then being customarily required by landlords for bodily injurybuildings comparable to the Building. The deductible or self insured retention amount for such policy shall not exceed $10,000; (ii) insurance against loss or damage by fire, and such other risks and hazards as are insurable under then available standard forms of “Special Form Causes of Loss” or “All Risk” property damageinsurance policies with extended coverage, insuring Tenant’s movable fixtures and movable partitions, telephone and other equipment, computer systems, trade fixtures, furniture, furnishings, and other items of personal injury property which are removable without material damage to the Building (“Tenant’s Property”) for the full insurable value thereof or combination thereof replacement cost thereof, having a deductible amount (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slanderself-insured retention amount), provided not in excess of $25,000; (iii) during the performance of any alteration by or on behalf of Tenant, until completion thereof, Builder’s Risk insurance on an “all risk” basis and on a completed value form including a Permission to Complete and Occupy endorsement, for full replacement value covering the interest of Landlord and Tenant (and their respective contractors and subcontractors) in all work incorporated in the Building and all materials and equipment in or about the Leased Premises; and (iv) Workers’ Compensation Insurance, as required by Laws; (v) Business Interruption Insurance in an amount equal to at least one year’s Rent; and (vi) such other insurance in such amounts as Landlord’s lender or other beneficiary under a deed of trust encumbering all or any portion of Landlord’s interest in the Leased Premises may require from time to time. B. All insurance required to be carried by Tenant (i) shall contain a provision that if only single (x) no act or omission of Tenant shall affect or limit coverage is available the obligation of the insurance company to pay the amount of any loss sustained, and (y) it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies noncancellable and/or no material change in coverage shall name be made thereto unless the Landlord as an additional insured and shall include coverage for the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least Parties receive thirty (30) days days’ prior notice of the same, by certified mail, return receipt requested, and (ii) shall be effected under valid and enforceable policies issued by reputable insurers permitted to do business in the modificationState of Texas and rated in Best’s Insurance Guide, cancellation or expiration any successor thereto as having a “Best’s Rating” of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to “A-” and a “Financial Size Category” of at least “X” or, if such ratings are not then in effect, the expiration date of each expiring policy, Landlord may obtain equivalent thereof or such insurance other financial rating as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demandat any time consider appropriate.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Insurance. Tenant will shall maintain throughout the following policy or policies of insuranceTerm, at its expense, insuring Tenant and naming Landlord as an additional insuredthe following insurance: (i) Fire and extended coverage insurance, naming Landlord as insured and beneficiary, covering the Premises (hereinafter the "Improvements") against loss or damage by fire, flood, windstorm, hail, earthquake, explosion, riot, damage from aircraft and vehicles, smoke damage, vandalism, malicious mischief and such other risks as are from time to time covered under "extended coverage" endorsements and special form (formerly extended coverage endorsements commonly known as all "all-risk) property insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles " endorsements in an amount for equal to the full replacement cost thereof; value of the Building (which value is presently determined to be Six Million Dollars of the United States of America [US$6,000,000]) and containing the waiver of subrogation required in this Clause 9 (nine), (ii) commercial general liability insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and on the Property, with the premiums thereon fully paid on or before the due date, in an amount of not less than $2,000,000 per occurrence per person basis providing coverage for bodily injuryinjury (including death), property damage, personal injury or combination thereof damage and products liability insurance (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only where such exposure exists) containing a broad form contractual liability endorsement with a combined single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit [One Million Dollars of the United States of America (US$1,000,000) per occurrenceoccurrence and Two Million Dollars of the United States of America (US$2,000,000) in the aggregate for all occurrences within any policy year]. Tenant’s insurance The foregoing policies shall name Landlord and any party designated by Landlord as an additional insured as their respective interests may appear. All insurance shall be placed with reputable companies licensed to do business in accordance with applicable law and reasonably approved by Landlord and shall include coverage for the contractual liability of Tenant be written as primary policies with annual deductibles not to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession exceed Ten Thousand Dollars of the PremisesUnited States of America (US$10,000), and with any other policies shall serve as excess coverage. Tenant shall furnish evidence satisfactory deliver original certificates of all such policies prior to Landlord of the maintenance Commencement Date and timely each anniversary date thereafter, which shall provide that no cancellation or non- renewal of such insurance, and Tenant policies shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least be effective without thirty (30) days prior written notice from the insurer to Landlord. Each party shall obtain a waiver of subrogation or consent to a waiver of right of recovery against the modificationother party, cancellation and each hereby agrees that it will not make any claim against or expiration of such insurance policiesseek to recover from the other party for any loss or damage covered by its fire and extended coverage insurance. In the event Tenant shall not have delivered to Landlord a policy do any act or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee thing in the amount Premises or store anything therein except as now or hereafter permitted by any fire department, board of fifteen percent (15%) fire underwriters, or insurance rating organization having jurisdiction or other authority having jurisdiction and then only in such quantity and manner of storage as not to increase the cost of such existing rate of, or adversely affect, or cause a cancellation of, any insurance policies shall be paid by Tenant to Landlord as Additional Rent upon demandcovering the Premises.

Appears in 1 contract

Samples: Lease Agreement (Act Manufacturing Inc)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceshall, at its Tenant’s expense, obtain and keep in force during the term of this Lease, a commercial general liability insurance policy insuring Tenant and naming protecting Landlord and the Landlord Entities against any liability to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or maintenance of the Leased Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than $3,000,000.00 per occurrence with $5,000,000.00 annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured: (i) special form (formerly known as all risk) property insurance on all ; shall insure performance by Tenant of its personal propertythe indemnity provisions of this Lease; shall be primary, including removable trade fixtures and leasehold and tenant improvementsnot contributing with, and Tenant’s Property located not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the Leased Premises and in such insured or additional amounts insureds which would void or otherwise reduce coverage shall not void or reduce coverages as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereofother insured or additional insureds; and shall afford coverage after the term of this Lease (ii) commercial general liability insurance (including endorsement or by separate policy or extension if necessary) for owned or non-owned automobile liability) with respect to its activities in the Building and all claims based on the Propertyacts, with the premiums thereon fully paid on or before the due dateomissions, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single of this Lease. The limits of said insurance shall not limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual any liability of Tenant to indemnify Landlord hereunder. Not more frequently than every year, if, in the reasonable opinion of Landlord, the amount of liability insurance required hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premisesis not adequate, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such promptly increase said insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance coverage as Landlord may reasonably require to protect required by Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demand.

Appears in 1 contract

Samples: Office Lease (Quotient Technology Inc.)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceTenant, at its expense, insuring Tenant and naming Landlord as an additional insuredshall maintain at all ------------------ times during the Term the following insurance policies: (ia) special form (formerly known as all risk) property insurance on all of its personal propertyfire insurance, including removable trade fixtures extended coverage, vandalism, malicious mischief, sprinkler leakage, water damage and leasehold all risk coverage and tenant improvementsdemolition and debris removal, and Tenant’s Property located in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for insuring the full replacement cost thereofof all improvements, alterations or additions to the Premises made at Tenant's expense, and all other property owned or used by Tenant and located in the Premises; and (iib) commercial general liability insurance (insurance, including endorsement or separate policy for owned or non-owned automobile liability) blanket contractual liability insurance, with respect to its activities in the Building and on the PropertyPremises, with limits to be reasonably set by Landlord from time to time (not in excess of the premiums thereon fully paid on amounts then generally required by landlords of Class A office buildings in Schaumburg, Illinois) but in any event not less than $3,000,000 each occurrence combined single limit for bodily injury, sickness or before the due datedeath or for damage to or destruction of property, in an amount including loss of use thereof; (c) workers' compensation and occupational disease insurance with Illinois statutory benefits and employers liability insurance with limits of not less than $2,000,000 per occurrence per person coverage 3,000,000 each accident, each disease and aggregate for bodily injurydisease; and (d) insurance against such other risks and in such other amounts (not in excess of the amounts then generally required by landlords of Class A office buildings in Schaumburg, Illinois) as Landlord may from time to time reasonably require. The form of all such policies and deductibles thereunder shall be subject to Landlord's prior approval (which shall not be unreasonably withheld, conditioned or delayed). All such policies shall be issued by insurers reasonably acceptable to Landlord (at a minimum rated not less than A-VIII in Best's Insurance Guide) and licensed to do business in Illinois. In addition, the commercial general liability policy shall add Landlord, its property damagemanager, personal injury or combination thereof any mortgage lender (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slandercurrently The Travelers Insurance Company), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence their respective successors and assigns, and any other parties reasonably designated by Landlord with an umbrella policy of at least $5,000,000 combined single limit per occurrenceinterest in the Building as additional insureds. Tenant’s insurance All policies shall name Landlord as an additional insured and shall include coverage for the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord require at least thirty (30) days' prior written notice to Landlord of termination or material reduction in coverage and shall be primary and not contributory. Tenant shall at least ten (10) days prior to the modificationCommencement Date, cancellation or expiration of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty and within ten (3010) days prior to the expiration date of each expiring such policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost deliver to Landlord of obtaining such policiescertificates evidencing the foregoing insurance or renewal thereof, plus an administrative fee in as the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demandcase may be.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceTenant, at its expense, shall maintain in ------------------ full force during the term of this Lease, a policy or policies of commercial general liability insurance with a combined single limit of at least One Million Dollars ($1,000,000) for each occurrence, insuring against all liability of Tenant and naming Landlord as an additional insured: its Representatives and Visitors for personal or bodily injury or property damage arising out of or incurred in connection with Tenant's use or occupancy of the Premises or the Property. Such policy or policies shall further insure the indemnification obligations of Tenant under this Lease. Tenant shall at all times maintain in effect insurance with respect to its Alterations and Trade Fixtures providing coverage against fire, extended coverage perils and vandalism and malicious mischief, to the extent of at least eighty percent (i80%) special form (formerly known as all risk) property insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; . Tenant may carry such insurance under a blanket policy, provided that such policy provide equivalent coverage to a separate policy. During the term of this Lease the proceeds from any such policies of insurance shall be used for the repair or replacement of the Alterations and (ii) commercial general liability Trade Fixtures so insured. Landlord shall have no interest in such insurance (including endorsement and shall sign all documents reasonably necessary or separate policy for owned or non-owned automobile liability) with respect to its activities proper in the Building and on the Property, connection with the premiums thereon fully paid settlement of any claims or loss by Tenant. Landlord will not carry insurance on Tenant's personal property or before the due dateTrade Fixtures. Each policy of insurance required under this Section 12.1 shall be in a form, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injuryamount, property damageand with an insurer acceptable to Landlord, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for require at least $2,000,000 per occurrence with an umbrella fifteen (15) days' written notice to Landlord prior to any termination or alteration of the policy. Each policy of at least $5,000,000 combined single limit per occurrence. Tenant’s liability insurance policies shall name Landlord Landlord, its partners and its property manager and mortgagees as an additional insured and provide that it is primary to, and not contributing with, any policy carried by Landlord covering the same loss. Tenant shall include provide to Landlord, upon request, evidence that the insurance required to be carried by Tenant pursuant to this Section 12.1 is in full force and effect and the premiums therefor have been paid. Not more frequently than once every year, Tenant shall increase the amounts of insurance as recommended by Landlord's tender or insurance broker if, in the opinion of either of them, the amount of insurance then required under this Lease is not adequate. Any limits set forth in this Lease on the amount or type of coverage for required by Tenant's insurance shall not limit the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demandunder this Lease.

Appears in 1 contract

Samples: Lease Agreement (United Panam Financial Corp)

Tenant’s Insurance. (a) Commercial General Liability Insurance. Tenant will maintain the following policy or policies of insuranceshall, at its Tenant’s expense, insuring Tenant secure and naming Landlord as an additional insured: (i) special form (formerly known as all risk) property insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located keep in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) force a “broad form” commercial general liability insurance and property damage policy covering the Premises, insuring Tenant, and naming Landlord, Landlord’s investment advisors, property managers and agents from time to time, including, without limitation, UBS Realty Investors LLC, and Landlord’s lenders as additional insureds (including endorsement collectively, “Landlord’s Insureds”) against any liability arising out of the ownership, use, occupancy or separate maintenance of the Premises. The minimum limit of coverage of such policy for owned or non-owned automobile liability) with respect to its activities shall be in the Building and on the Property, with the premiums thereon fully paid on or before the due date, in an amount of not less than Three Million Dollars ($2,000,000 per occurrence per person coverage 3,000,000.00) for bodily injury, property damage, personal injury or combination thereof death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars (the term “personal injury” as used herein means$3,000,000.00) for injury or death of more than one person in any one accident or occurrence, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit shall include an extended liability endorsement providing contractual liability coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and (which shall include coverage for Tenant’s indemnification obligations in this Lease), and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least Three Million Dollars ($3,000,000.00). Landlord may from time to time require reasonable increases in any such limits if Landlord believes that additional coverage is necessary or desirable. The limit of any insurance shall not limit the contractual liability of Tenant hereunder. No policy maintained by Tenant under this Paragraph 15(a) shall contain a deductible greater than five thousand dollars ($5,000.00). No policy shall be cancelable or subject to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession reduction of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least coverage without thirty (30) days prior written notice to the modification, cancellation or expiration of such insurance policies. In Landlord (except in the event Tenant of cancellation as a result of nonpayment, in which case the insurer shall not have delivered to give Landlord a policy or certificate evidencing such insurance at least thirty ten (3010) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining written notice). Such policies of insurance shall be issued as primary policies and not contributing with or in excess of coverage that Landlord may carry, by an insurance company authorized to do business in the state/commonwealth in which the Premises are located for the issuance of such type of insurance coverage and rated B+:XIII or better in Best’s Key Rating Guide. The amount of liability coverage required hereunder may be deemed to be a waiver of achieved by Tenant’s default hereunder). The cost obtaining excess liability or “umbrella” policies to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demandsupplement its primary policy.

Appears in 1 contract

Samples: Lease Agreement

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceshall, at its Tenant’s expense, obtain and keep in force during the Term of this Lease, a commercial general liability insurance policy insuring Tenant against the risks of, bodily injury and naming property damage, personal injury, contractual liability, completed operations, owned and non-owned automobile liability arising out of the ownership, use, occupancy or maintenance of the Leased Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence with a Three Million Dollar ($3,000,000.00) annual aggregate. Landlord and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured: (i) special form (formerly known as all risk) property insurance on all ; shall insure performance by Tenant of its personal propertythe indemnity provisions of this Lease; shall be primary, including removable trade fixtures and leasehold and tenant improvementsnot contributing with, and Tenant’s Property located not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the Leased Premises and in such insured or additional amounts insureds which would void or otherwise reduce coverage shall not void or reduce coverages as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) commercial general liability other insured or additional insureds. The limits of said insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and on the Property, with the premiums thereon fully paid on or before the due date, in an amount of shall not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual any liability of Tenant to indemnify Landlord hereunder. Not more frequently than every year, if, in the reasonable opinion of Landlord, the amount of liability insurance required hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premisesis not adequate, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insuranceshall, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least within thirty (30) days prior to the modification, cancellation or expiration of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect following Landlord’s interest (which obtaining of notice, increase said insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid coverage as required by Tenant to Landlord as Additional Rent upon demandLandlord.

Appears in 1 contract

Samples: Office Lease (Webex Communications Inc)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceshall maintain, at its own cost and expense, insuring Tenant and naming Landlord as an additional insured: (i) special form (formerly known as all risk) property insurance on all of its personal propertyin responsible companies approved by Landlord, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereof; and (ii) combined single limit commercial general liability insurance (including endorsement insurance, insuring Tenant, against all claims, demands or separate policy actions for owned bodily injury, personal injury or non-owned automobile liability) with respect to its activities in the Building and on the Property, with the premiums thereon fully paid on or before the due date, death of any one person in an amount of not less than $2,000,000 per occurrence per person coverage 1,000,000.00; and for bodily injury, property damage, personal injury or combination thereof (death of more than one person in any one accident in an amount of not less than $3,000,000.00; and for damage to property in an amount of not less than $1,000,000.00. Landlord shall have the term “personal injury” as used herein means, without limitation, false arrest, detention right to direct Tenant to increase such amounts whenever it reasonably considers them inadequate. Such liability insurance shall also cover and include all exterior signs maintained by Tenant. The policy of insurance may be in the form of a general coverage or imprisonment, malicious prosecution, wrongful entry, liable floater policy covering these and slander)other premises, provided that Landlord is specifically insured therein. Tenant shall carry like coverage against loss or damage by boiler or compressor or internal explosion of boilers or compressors, if only single limit there is a boiler or compressor in the Premises. Tenant shall maintain fire insurance against loss or damage by fire or windstorms, with such endorsements for extended coverage, vandalism, malicious mischief and special extended coverage is available it as Landlord may require, covering 100% of the replacement costs of any items of value, including but not limited to signs, stock, inventory, fixtures, improvements, floor coverings and equipment. All of said insurance shall be for in form and in responsible companies (rated at least $2,000,000 per occurrence with an umbrella policy A Plus VII by Best's Insurance Reports) licensed in the State of Florida satisfactory to Landlord, and shall provide that it will not be subject to cancellation, termination or change except after at least $5,000,000 combined single limit per occurrencethirty (30) days' prior written notice to Landlord. Tenant’s Any insurance policies procured by Tenant as herein required shall name contain an express waiver of any right of subrogation by the insurance company against Landlord. Landlord as shall be an additional insured and shall include coverage on all insurance policies required hereunder. A certificate from the insurer on Form ACCORD 27 acknowledging the insurance company's compliance with all conditions for the contractual liability benefit of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably hereunder, , together with satisfactory to Landlord. Prior to Tenant’s taking possession evidence of the Premisespayment of the premiums thereon, shall be deposited with Landlord on the day Tenant begins operations. Thereafter, Tenant shall furnish provide Landlord with a certificate from the insurer on Form ACCORD 27 and evidence satisfactory to Landlord of the maintenance and timely proof of payment upon renewal of such insurancepolicy, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least not less than thirty (30) days prior to the modification, cancellation or expiration of the term of such insurance policiescoverage. In the event Tenant shall not have delivered fails to Landlord a policy timely obtain or certificate evidencing such maintain the insurance at least thirty (30) days prior to the expiration date of each expiring policyrequired hereunder, Landlord may obtain such same and any reasonable costs incurred by Landlord in connection therewith shall be payable by Tenant upon demand. Landlord shall carry commercial general liability insurance as Landlord may reasonably require (in amounts similar to protect Landlord’s interest (which obtaining those required of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in Tenant hereinabove) covering the amount of fifteen percent (15%) common areas of the cost of such policies shall be paid by Tenant Building, including but not limited to Landlord as Additional Rent upon demandthe sidewalks, malls and parking lot.

Appears in 1 contract

Samples: Office Lease (Ibasis Inc)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceshall, at its Tenant's expense, obtain and ------------------ keep in force during the term of this Lease, a commercial general liability insurance policy insuring Tenant against the risks of, bodily injury and naming property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or maintenance of the Leased Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence with a TWO MILLION DOLLAR ($2,000,000.00) annual aggregate. Landlord and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured: (i) special form (formerly known as all risk) property insurance on all ; shall insure performance by Tenant of its personal propertythe indemnity provisions of this Lease; shall be primary, including removable trade fixtures and leasehold and tenant improvementsnot contributing with, and Tenant’s Property located not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the Leased Premises and in such insured or additional amounts insureds which would void or otherwise reduce coverage shall not void or reduce coverages as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereofother insured or additional insureds; and shall afford coverage after the term of this Lease (ii) commercial general liability insurance (including endorsement or by separate policy or extension if necessary) for owned or non-owned automobile liability) with respect to its activities in the Building and all claims based on the Propertyacts, with the premiums thereon fully paid on or before the due dateomissions, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single of this Lease. The limits of said insurance shall not limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual any liability of Tenant to indemnify Landlord hereunder. Not more frequently than every year, if, in the reasonable opinion of Landlord, the amount of liability insurance required hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premisesis not adequate, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such promptly increase said insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance coverage as Landlord may reasonably require to protect required by Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demand.

Appears in 1 contract

Samples: Office Lease (Blaze Software Inc)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceshall, at its Tenant’s expense, obtain and keep in force during the term of this Lease, a commercial general liability insurance policy insuring Tenant against the risks of, bodily injury and naming property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or maintenance of the Leased Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence with a TWO MILLION DOLLAR ($2,000,000.00) annual aggregate. Landlord and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured: (i) special form (formerly known as all risk) property insurance on all ; shall insure performance by Tenant of its personal propertythe indemnity provisions of this Lease; shall be primary, including removable trade fixtures and leasehold and tenant improvementsnot contributing with, and Tenant’s Property located not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the Leased Premises and in such insured or additional amounts insureds which would void or otherwise reduce coverage shall not void or reduce coverages as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereofother insured or additional insureds; and shall afford coverage after the term of this Lease (ii) commercial general liability insurance (including endorsement or by separate policy or extension if necessary) for owned or non-owned automobile liability) with respect to its activities in the Building and all claims based on the Propertyacts, with the premiums thereon fully paid on or before the due dateomissions, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single of this Lease. The limits of said insurance shall not limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual any liability of Tenant to indemnify Landlord hereunder. Not more frequently than every year, if, in the reasonable opinion of Landlord, the amount of liability insurance required hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premisesis not adequate, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such promptly increase said insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance coverage as Landlord may reasonably require to protect required by Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demand.

Appears in 1 contract

Samples: Office Lease (Heritage Commerce Corp)

Tenant’s Insurance. Tenant will shall maintain at all times during the following policy or policies of insurance, at its expense, insuring Tenant and naming Landlord as an additional insured: Term (ia) special form (formerly known as all risk) property insurance on covering all of its personal propertypresent and future Tenant’s Property, including removable trade fixtures and leasehold and tenant improvements, Fixtures and Tenant’s Property located in the Leased Premises Improvements and in such additional amounts as are required Betterments to meet Tenant’s obligations hereunder and with deductibles in an amount for a limit of not less than the full replacement cost thereof; , (b) intentionally omitted, (c) plate glass insurance covering all plate glass in the Premises, (d) boiler and machinery insurance, if there is a boiler, supplementary air conditioner or pressure object or similar equipment in the Premises, with Landlord, its managing agent, and any Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than such amount as is necessary, in Landlord’s reasonable determination, to replace any such boiler, supplementary air conditioner or pressure object or similar equipment, (iie) commercial general liability insurance (insurance, including endorsement a contractual liability endorsement, and personal injury liability coverage, in respect of the Premises and the conduct or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and on the Propertyoperation of business therein, with the premiums thereon fully paid on or before the due dateLandlord and its managing agent, in an amount if any, and each Superior Lessor and Superior Mortgagee whose name and address shall have been furnished to Tenant, as additional insureds, with limits of not less than $2,000,000 1,000,000 per occurrence per person coverage for bodily injuryand $2,000,000 in the aggregate, property damage(f) Worker’s Compensation insurance meeting all state requirements and Employers Liability, personal injury or combination thereof (g) Auto liability insurance not less than $1,000,000 combined single limit, (h) Umbrella insurance excess of all liability insurance above not less than $4,000,000 and (i) when Alterations are in process, the term “personal injury” as used herein meansinsurance specified in Section 4.02(f) hereof. The limits of such insurance shall not limit the liability of Tenant. Tenant shall deliver to Landlord and any additional insureds, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy one (1) day prior to the Commencement Date, such fully paid-for policies or certificates of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles insurance, in an amount form reasonably satisfactory to LandlordLandlord issued by the insurance company or its authorized agent. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance procure and timely renewal pay for renewals of such insuranceinsurance from time to time before the expiration thereof, and Tenant shall obtain and deliver to Landlord and any additional insureds (i) such renewal policy or a written obligation on the part of each insurer certificate thereof promptly after Tenant’s receipt thereof, and (ii) if Tenant is unable to notify deliver to Landlord such renewal policy or a certificate thereof at least thirty (30) days prior to before the modification, cancellation or expiration of any existing policy, Tenant shall deliver to Landlord other evidence reasonably satisfactory to Landlord confirming that such insurance policiespolicy was in fact renewed. In All such policies shall be issued by companies of recognized responsibility licensed to do business in New York State and rated by Best’s Insurance Reports or any successor publication of comparable standing as A-/VIII or better or the event Tenant then equivalent of such rating, and all such policies shall contain a provision whereby the same cannot have delivered be cancelled, allowed to lapse or modified unless Landlord a policy or certificate evidencing such insurance and any additional insureds are given at least thirty (30) days days’ prior written notice of such cancellation, lapse or modification. All policies shall be primary and non-contributory with respect to the expiration date any insurance carried by an additional insured. The proceeds of each expiring policy, Landlord may obtain such policies providing “all risk” property insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder)Property, Fixtures and Improvements and Betterments shall be payable to Landlord, Tenant and each Superior Lessor and Superior Mortgagee as their interests may appear. The cost Tenant shall provide reasonable cooperation to Landlord in connection with the collection of obtaining any insurance monies that may be due in the event of loss and Tenant shall execute and deliver to Landlord such policies, plus an administrative fee in proofs of loss and other instruments which may be required to recover any such insurance monies. Landlord may from time to time require that the amount of fifteen percent (15%) of the cost of such policies shall insurance to be paid maintained by Tenant under this Section 7.02 be increased to Landlord as Additional Rent upon demandthe prevailing level customarily carried with respect to similar properties in New York City.

Appears in 1 contract

Samples: Lease (Intercept Pharmaceuticals Inc)

Tenant’s Insurance. Tenant will shall maintain insurance complying with all of the following following: Tenant shall procure, pay for and keep in full force and effect, at all times during the Lease Term, the following; Commercial General Liability insurance insuring Tenant against liability for bodily injury, death, property damage and personal injury occurring at the Leased Premises, or resulting from Tenant's use or occupancy of the Leased Premises or the Building, Outside Areas, Property, or Common Areas or resulting from Tenant's activities in or about the Leased Premises. Such insurance shall be on an occurrence basis with a combined single limit of liability of not less than the amount of Tenant's Required Liability Coverage (as set forth in Article 1). The policy or policies shall be endorsed to name Landlord and such others as are designated by Landlord as additional insureds in the form equivalent to CG20111185 or successor and shall contain the following additional endorsement: "The insurance afforded to the additional insureds is primarily insurance. If the additional insureds have other insurance which is applicable to the loss on a contributing, excess or contingent basis, the amount of this insurance company's liability under this policy shall not be reduced by the existence of such other insurance. Any insurance carried by the additional insureds shall be excess and non contributing with the insurance provided by the tenant." The policy shall not be canceled or reduced without at least 30 days written notice to additional insureds. If the policy insures more than one location, at its expense, it shall be endorsed to show that the limits and aggregate apply per location using endorsement CG25041185 or successor. Tenant's policy shall also contain the severability of interest and cross-liability endorsement or clauses. Fire and property damage insurance in so-called Special Form insuring Tenant against loss from physical damage to Tenant's property and naming Landlord as an additional insured: (i) special form (formerly known as all risk) property insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in improvements within the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount coverage for the full actual replacement cost thereof; Boiler and (ii) commercial general machinery insurance, if applicable; including without limitation Liquor Liability insurance for liability insurance (arising out of the distribution, sale, or consumption of food and/or beverages including endorsement or separate policy alcoholic beverages at the Leased Premises for owned or non-owned automobile liability) with not less than the Tenant's Required Liability Coverage as set forth in Article 1. Workers' compensation insurance. Tenant may self insure for workers' compensation insurance. With respect to its activities in making of alterations or the Building construction of improvements or the like undertaken by Tenant, contingent liability and on the Property, with the premiums thereon fully paid on or before the due datebuilder's risk insurance, in an amount and with coverage satisfactory to Landlord; and Business Income Insurance at a minimum of not less than $2,000,000 per occurrence per person 50% coinsurance including coverage for bodily injury, property damage, personal injury loss of business income due to damage to equipment from perils covered under the so-called Special Form. Each policy of liability insurance required to be carried by Tenant pursuant to this Article or combination thereof actually carried by Tenant with respect to the Leased Premises or the Property (the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it i) shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount a form reasonably satisfactory to Landlord, (ii) Shall be provided by carriers licensed to do business in the state of California, with a Best rating of "A/Vi" or better and/or reasonably acceptable to Landlord. Property insurance shall contain a waiver and/or a permission to waive by the insurer any right of subrogation against Landlord, its principal, employees, agents and contractors which might arise by reason of any payment under such policy or by reason of any act or omission of Landlord, its principals, employees, agents or contractors. Prior to Tenant’s taking possession the time Tenant or any of its contractors enters the Leased Premises, Tenant shall furnish evidence deliver to the Landlord with respect to each policy of insurance required to be carried by Tenant pursuant to this article, a certificate of the insurer certifying, in a form reasonably satisfactory to the Landlord, that the policy has been issued and premium paid providing the coverage required by this Article and containing the provisions herein. Attached to such a certificate shall be endorsements naming Landlord as additional insured, and including the wording under primary insurance above. With respect to each renewal or replacement of the maintenance and timely renewal of any such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part requirements of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such insurance policies. In the event Tenant shall this Article must be complied with not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) less than 30 days prior to the expiration date or cancellation of each expiring policy, the policy being renewed or replaced. Landlord may obtain such at any time and from time-to-time inspect and/or copy any and all insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed policies required to be a waiver of Tenant’s default hereunder)carried by Tenant pursuant to this article. See Addendum. The cost to Landlord of obtaining such policies, plus an administrative fee in Commercial General Liability insurance carried by Tenant shall specifically insure the amount of fifteen percent (15%) performance by Tenant of the cost Indemnification provisions set forth in Article 8.2 of such policies this Lease provided, however, nothing contained in this Article 9 shall be paid by construed to limit the liability of Tenant to Landlord as Additional Rent upon demandunder the Indemnification provisions set forth in said Article 8.2.

Appears in 1 contract

Samples: Acceptance Agreement (Mattson Technology Inc)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceTenant, at its expense, insuring shall maintain from and after the Commencement Date or any earlier date upon which Tenant and naming Landlord as an additional insuredenters or occupies the Premises or any portion thereof: all risk (i) or “special form (formerly known as all riskform”) property insurance on covering the full replacement cost of all of its personal propertyTenant Improvements constructed by Tenant within the Premises, including removable trade fixtures and leasehold and tenant improvements, any Tenant-Made Alterations and Tenant’s Property located installed or placed in the Leased Premises by Tenant, such insurance shall cover all such property, as well as any losses arising from new construction, alterations, additions, renovations and in repairs made by Tenant; worker’s compensation insurance with no less than the minimum limits required by law; employer’s liability insurance with such additional amounts limits as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereofby law but not less than $500,000; and (ii) commercial general liability insurance (including endorsement ISO Form CG 00 01, or separate policy its equivalent covering the Premises and Tenant’s use thereof against claims for owned bodily injury or non-owned automobile liability) with respect to its activities in the Building death and on the Property, with the premiums thereon fully paid on or before the due dateproperty damage occurring upon, in an amount or about the Premises with limits of not less than $2,000,000 1,000,000 per occurrence; commercial automobile liability insurance covering all owned, non-owned and hired vehicles with combined limits of not less than $1,000,000 per occurrence; and commercial umbrella/excess liability insurance with limits of not less than $10,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof (and in the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrenceaggregate. Tenant’s commercial general liability, automobile liability and umbrella and excess insurance policies shall name Landlord, Landlord’s lender (if any) and any other party reasonably designated by Landlord and agreed upon by Tenant in writing as an additional insured and shall include coverage for insured(s). Landlord may from time-to-time require reasonable increases in any such limits consistent with the contractual liability insurance being required by institutional owners of Tenant to indemnify Landlord hereunder and shall have deductibles similar projects in an amount reasonably satisfactory to Landlordthe area, but not more frequently than once every five (5) years. Prior to Tenant’s taking possession of the Premises, If Tenant shall furnish evidence satisfactory fail to carry and maintain the insurance coverages set forth in this Section 6.2, Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least may after thirty (30) days prior days’ written notice to the modificationTenant if Tenant fails to secure such coverage within such 30-day period (unless such coverages will lapse within such 30-day period in which event no notice shall be necessary), cancellation or expiration of procure such insurance policies. In the event policies and Tenant shall not have delivered to promptly reimburse Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to for the expiration date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The reasonable cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demandtherefor.

Appears in 1 contract

Samples: Lease Agreement (Zulily, Inc.)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceTenant, at its sole cost and expense, insuring Tenant and naming Landlord as an additional insuredshall maintain during the Term: (i) special form (formerly known as all risk) all-risk property insurance on with business interruption and extra expense coverage covering all of its Tenant’s personal property, including removable property and trade fixtures and leasehold and tenant improvements, and Tenant’s Property located installed or placed in the Leased Premises Premises, with such limits and in subject to such additional amounts deductibles as are Tenant reasonably determines appropriate; (ii) workers’ compensation insurance with no less than the minimum limits required to meet Tenantby law; (iii) employer’s obligations hereunder and liability insurance with deductibles in an amount for the full replacement cost thereofsuch limits as required by law; and (iiiv) commercial general liability insurance (including endorsement or separate policy for owned or non-owned automobile liability) with respect to its activities in the Building and on the Propertyinsurance, with the premiums thereon fully paid on or before the due date, in an amount a minimum limit of not less than $2,000,000 per occurrence per person coverage for bodily injury, injury and property damage, personal injury or combination thereof (damage with respect to the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single Premises with a minimum limit coverage is available it shall be for at least of not less than $2,000,000 per occurrence with an umbrella occurrence. The commercial general liability insurance policy shall name Landlord, its officers, directors, employees and managers as additional insureds (collectively, “Landlord Parties” or individually a “Landlord Party”). The commercial general liability policy shall be issued by insurance companies which have a rating of not less than policyholder rating of A and financial category rating of at least Class X in “Best’s Insurance Guide”; shall not be cancelable for nonpayment of premium unless 10 days prior written notice shall have been given to Landlord from the insurer; shall contain a hostile fire endorsement and a contractual liability endorsement. If Tenant’s commercial general liability policy is written on a claims made basis, upon expiration or termination of the Lease, Tenant shall procure and maintain for 3 years after such expiration or termination a “tail” liability insurance policy with a minimum limit of not less than $5,000,000 combined single limit 2,000,000 per occurrence. Tenant will use reasonable commercial efforts to obtain pollution legal liability insurance with a minimum limit of not less than $2,000,000 per occurrence; provided the premium for such insurance shall not exceed $15,000 for the first year of coverage. Tenant’s insurance policies shall name Landlord as policy may be a “blanket policy” with an additional insured and shall include coverage for aggregate per location endorsement which specifically provides that the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in prejudiced by other losses covered by the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demandpolicy.

Appears in 1 contract

Samples: Lease Agreement (Atossa Genetics Inc)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceTenant, at its expense, shall maintain at all times ------------------ extended coverage, vandalism, malicious mischief, sprinkler leakage, water damage and all risk coverage and demolition and debris removal, insuring Tenant and naming Landlord as an additional insured: (i) special form (formerly known as all risk) property insurance on all of its personal property, including removable trade fixtures and leasehold and tenant improvements, and Tenant’s Property located in the Leased Premises and in such additional amounts as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereofof all improvements, alterations or additions to the Premises made at Tenant's expense, and all other property owned or used by Tenant and located in the Premises; and (iib) commercial general liability insurance (insurance, including endorsement or separate policy for owned or non-owned automobile liability) blanket contractual liability insurance, with respect to its activities in the Building and on the PropertyPremises, with the premiums thereon fully paid on limits to be set by Landlord from time to time but in any event not less than $3,000,000 each occurrence combined single limit for bodily injury, sickness or before the due datedeath or for damage to or destruction of property, in an amount including loss of use thereof; (c) workers' compensation and occupational disease insurance with Illinois statutory benefits and employers liability insurance with limits of not less than $2,000,000 per occurrence per person coverage 3,000,000 each accident, each disease and aggregate for bodily injury, property damage, personal injury or combination thereof disease; and (the term “personal injury” d) insurance against such other risks and in such other amounts as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable Landlord may from time to time reasonably require. The form of all such policies and slander), provided that if only single limit coverage is available it deductibles thereunder shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrencesubject to Landlord's prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant’s All such policies shall be issued by insurers reasonably acceptable to Landlord and licensed to do business in Illinois. The insurance policies shall name Landlord, any mortgage lender their respective affiliates, subsidiaries, successors and assigns, the property manager and any other parties designated by Landlord as an additional insured and insureds. All policies shall include coverage for the contractual liability of Tenant to indemnify Landlord hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premises, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord require at least thirty (30) days' prior written notice to Landlord of termination or modification and shall be primary and not contributory. Tenant shall at least ten (10) days prior to the modificationCommencement Date, cancellation or expiration of such insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty and within ten (3010) days prior to the expiration date of each expiring such policy, Landlord may obtain such insurance as Landlord may reasonably require to protect Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost deliver to Landlord of obtaining such policiescertificates evidencing the foregoing insurance or renewal thereof, plus an administrative fee in as the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demandcase may be.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Tenant’s Insurance. Tenant will maintain the following policy or policies of insuranceshall, at its Tenant’s expense, obtain and keep in force during the term of this Lease, a commercial general liability insurance policy insuring Tenant and naming protecting Landlord and the Landlord Entities against any liability to the public or to any invitee of Tenant or a Landlord Entity against the risks of, bodily injury and property damage, personal injury, contractual liability, completed operations, products liability, host liquor liability, owned and non-owned automobile liability arising out of the ownership, use, occupancy or maintenance of the Premises. Such insurance shall be a combined single limit policy in an amount not less than TWP MILLION DOLLARS ($2,000,000.00) per occurrence with a THREE MILLION DOLLAR ($3,000,000.00) annual aggregate. Landlord, the Landlord Entities and any lender and any other party in interest designated by Landlord shall be named as additional insured(s). The policy shall contain cross liability endorsements with coverage for Landlord for the negligence of Tenant even though Landlord is named as an additional insured: (i) special form (formerly known as all risk) property insurance on all ; shall insure performance by Tenant of its personal propertythe indemnity provisions of this Lease; shall be primary, including removable trade fixtures and leasehold and tenant improvementsnot contributing with, and Tenant’s Property located not in excess of coverage which Landlord may carry; shall provide for severability of interest; shall provide that an act or omission of one of the Leased Premises and in such insured or additional amounts insureds which would void or otherwise reduce coverage shall not void or reduce coverages as are required to meet Tenant’s obligations hereunder and with deductibles in an amount for the full replacement cost thereofother insured or additional insureds; and shall afford coverage after the term of this Lease (ii) commercial general liability insurance (including endorsement or by separate policy or extension if necessary) for owned or non-owned automobile liability) with respect to its activities in the Building and all claims based on the Propertyacts, with the premiums thereon fully paid on or before the due dateomissions, in an amount of not less than $2,000,000 per occurrence per person coverage for bodily injury, property damage, personal injury or combination thereof damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the term “personal injury” as used herein means, without limitation, false arrest, detention or imprisonment, malicious prosecution, wrongful entry, liable and slander), provided that if only single of this Lease. The limits of said insurance shall not limit coverage is available it shall be for at least $2,000,000 per occurrence with an umbrella policy of at least $5,000,000 combined single limit per occurrence. Tenant’s insurance policies shall name Landlord as an additional insured and shall include coverage for the contractual any liability of Tenant to indemnify Landlord hereunder. Not more frequently than every year, if, in the reasonable opinion of Landlord, the amount of liability insurance required hereunder and shall have deductibles in an amount reasonably satisfactory to Landlord. Prior to Tenant’s taking possession of the Premisesis not adequate, Tenant shall furnish evidence satisfactory to Landlord of the maintenance and timely renewal of such insurance, and Tenant shall obtain and deliver to Landlord a written obligation on the part of each insurer to notify Landlord at least thirty (30) days prior to the modification, cancellation or expiration of such promptly increase said insurance policies. In the event Tenant shall not have delivered to Landlord a policy or certificate evidencing such insurance at least thirty (30) days prior to the expiration date of each expiring policy, Landlord may obtain such insurance coverage as Landlord may reasonably require to protect required by Landlord’s interest (which obtaining of insurance shall not be deemed to be a waiver of Tenant’s default hereunder). The cost to Landlord of obtaining such policies, plus an administrative fee in the amount of fifteen percent (15%) of the cost of such policies shall be paid by Tenant to Landlord as Additional Rent upon demand.

Appears in 1 contract

Samples: Office Lease (Insweb Corp)

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