Common use of Fire and Extended Coverage Insurance Clause in Contracts

Fire and Extended Coverage Insurance. Landlord shall maintain and pay, subject to reimbursement from Tenant as provided in Section 4 hereof, for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty percent (80%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty (20) days after receipt of such demand. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurer.

Appears in 2 contracts

Sources: Lease Agreement (Inspire Pharmaceuticals Inc), Lease Agreement (Inspire Pharmaceuticals Inc)

Fire and Extended Coverage Insurance. Landlord shall maintain and pay, subject agrees to reimbursement from Tenant as provided keep in Section 4 hereof, for force policies of fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering insurance which shall insure the Building against such perils or loss as Landlord may deem appropriate including vandalism and any permanently affixed alterations or improvements thereto other than Tenant’s personal propertymalicious mischief, trade fixtures and equipment (all of which shall be insured by Tenant), in an amount equal to at least eighty one hundred percent (80100%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and the improvements installed by the Landlord. Pursuant to Paragraph 4 Tenant shall not use the Premises, the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused is obligated to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount it's proportionate share of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty (20) days after receipt of such demandcosts. Tenant shall agrees to maintain and pay for keep in force, at its expense and throughout the term hereof, insurance against fire and such other risks as are from time-to-time included in standard extended coverage endorsements including vandalism and malicious mischief, insuring Tenant's stock-in-trade, trade fixtures, furniture, furnishings, floor and wall coverings, special equipment and all other items of personal property of Tenant located on or within the Premises and all such other improvements as are made by the Tenant to the Premises. Landlord and Tenant hereby mutually release and discharge the other from loss or damage to the described Premises or the contents, including any improvements and betterments located in or on the described Premises, to the extent such loss or damage is insured by the described fire and extended coverage insurance. Both Landlord and Tenant agree to furnish the other a certificate of insurance evidencing the required fire and extended coverage insurance on its contents in and giving the Premisescertificate holder thirty (30) days notice of intent to cancel, including trade non-renew or amend such insurance. If Tenant elects to satisfy this condition by self insuring, it may do so provided it provides Landlord and Landlord's insurance agent with (1) documentation establishing values of Tenant installed fixtures, furnishings, equipment, machinery, merchandise inventory and process equipment or other personal property belonging material used in Tenant's operation; (2) provide Landlord with financial statements and other information evidencing Tenant's financial ability to or in maintain the custody Premises and contents as self insured and (3) that Landlord's attorney shall prepare an agreement regarding subrogation of Tenant. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded claims in the event Landlord procured insurance from of a third-party insurercasualty loss of Tenant's fixtures, furnishings and/or inventory.

Appears in 2 contracts

Sources: Lease Agreement (Frisby Technologies Inc), Lease Agreement (Frisby Technologies Inc)

Fire and Extended Coverage Insurance. Landlord (a) Tenant shall maintain keep the Premises and payall leasehold improvements installed in the Premises by the Tenant (and all of Tenant's Trade Fixtures and Equipment, subject to reimbursement from Tenant as provided in Section 4 hereofTenant's merchandise, for fire furnishings, equipment, personal property and casualty special form “all risk” insuranceplate glass, with extended coverage (including boiler Tenant's wall covering, floor covering, carpeting and machinery coverage)drape, covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (installed by Tenant) insured against loss or damage by fire, with the usual extended coverage and all risk endorsements, including flood and earthquake, in amounts not less than the full insurable, replacement value thereof above foundations. Tenant shall also obtain rental interruption insurance for the benefit of which the Landlord. Landlord shall be named as an additional insured on said policy using ISO Form 20-26. (b) If Tenant fails to obtain or maintain the policy required by Tenant)section 10.1 (a) above, equal this shall be considered an Event of Default under this Lease which must be cured upon three (3) days written notice. In the event Tenant fails to at least eighty percent (80%) of maintain the replacement cost thereof Except insurance provided for Tenant’s use of materials used herein, Landlord may obtain such policy and in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulationssuch event, Tenant shall not do or cause agrees to be done or permit on pay Landlord, as Additional Rent, all such insurance premiums separately assessed against the Premises or Tenant's Allocable Share, if such insurance is contained in a blanket policy covering the Building anything deemed extra hazardous on account Shopping Center, as computed under Section "12.3", of fire and Tenant shall not use any such insurance premiums for the PremisesPremises as computed under Section "12.3", the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereofas estimated by Landlord. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raisedIn addition, Tenant shall pay to Landlord on demand its Allocable Share of such premiums relating to the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rateCommon Areas, Tenant shall remedy such condition within twenty (20) days after receipt Tenant receives a b▇▇▇ for such premium from the Landlord. For the insurance years in which this Lease commences and terminates, the provisions of this paragraph shall apply and Tenant's liability for its Allocable Share of any insurance for such demand. Tenant year shall maintain and pay for all fire and extended coverage insurance be subject to a pro-rata adjustment based on its contents the number of days of said year(s) during which the term of this Lease was in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurereffect.

Appears in 2 contracts

Sources: Lease Agreement (Embassy Bancorp, Inc.), Lease Agreement (Embassy Bancorp, Inc.)

Fire and Extended Coverage Insurance. Landlord shall maintain and pay, subject to reimbursement from by Tenant as provided in Section 4 hereof, for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building and (but not any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty percent (80%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be furniture, fixtures, equipment, personal property or other removable property or any Alterations or any other improvements in strict compliance with all applicable laws the Premises, and regulationsexcluding costs for excavation, foundation, footings and other items typically excluded from similar policies carried by owners of Comparable Buildings) in amounts not less than the Building’s full replacement cost. Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire (it being expressly acknowledged and agreed that office use shall not, without more, be deemed extra hazardous on account of fire pursuant to the terms of this Section 10(a)) and Tenant shall not use the Premises, the Building Common Areas or the Common Areas Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereofthereof (it being expressly acknowledged and agreed that Tenant’s use of the Premises for office use shall not, without more, be deemed to cause an increase in the premium rate for any insurance in effect on the Building or a part thereof pursuant to the terms of this Section 10(a)). If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty five (205) days after receipt of such demand. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, including Tenant Improvements and on all trade fixtures, equipment, machinery, merchandise or other personal property located in the Premises and belonging to to, or in the custody of, Tenant. In addition, at all times during the Term, Tenant shall procure and maintain business income and extra expense coverage in such amounts as will reimburse Tenant for direct or indirect loss or earnings attributable to any loss caused by fire or other casualty or cause including, but not limited to, vandalism, theft and water damage of Tenantany type. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the each applicable Premises Portion Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurer.

Appears in 1 contract

Sources: Office Lease Agreement (Dova Pharmaceuticals, Inc.)

Fire and Extended Coverage Insurance. Landlord shall In addition to the insurance which Tenant is required to maintain and paypursuant to this Lease, subject Tenant agrees to reimbursement pay directly to the appropriate insurer promptly upon receipt of invoices from Tenant as provided in Section 4 hereofsuch insurer the total premium to be paid for fire, for fire and casualty special form “all risk” insurance, with extended coverage and rental insurance (including boiler so-called "extended coverage and/or all risk endorsement") upon Landlord's buildings and machinery coverage), covering improvements in the Building and any permanently affixed alterations or improvements thereto other Complex. Landlord agrees to reimburse Tenant for that portion of the total premium paid by Tenant which bears the same ratio to the total premiums as the square feet area in the premises utilized by Optometric Eye Care Center, P. A. bears to the total square feet of leasable space in the Building Complex. The amount of fire insurance to be maintained by Tenant shall not be less than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty ninety percent (8090%) and not more than one hundred percent (100%) of the replacement cost thereof Except for Tenant’s use value of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws Landlord's buildings and regulations, Tenant shall not do or cause to be done or permit on the Premises or improvements in the Building anything deemed extra hazardous Complex as such value may exist from time to time. Tenant will ▇▇▇▇ the Landlord annually for its proportionate share accompanied by copies of the appropriate bills and Landlord will remit within ten (10) days to Landlord. Landlord agrees to permit Tenant to be named as an additional insured on account any such insurance policy. Tenant agrees that it will not keep, use sell or offer for sale in or upon the Premises any article which may be prohibited by the standard form of fire and insurance policy. Tenant shall not use the Premises, the Building or the Common Areas in agrees to pay any manner which will cause an increase in the premium rate premiums for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty (20) days after receipt of such demand. Tenant shall maintain and pay for all fire and extended coverage insurance that may be charged during the term of this Lease on its contents the amount of such insurance which may be carried by Landlord on said Premises or the building of which they are a part, resulting from the type of merchandise sold by Tenant in the Premises, including trade fixtures, equipment, machinery, merchandise whether or other personal property belonging not Landlord has consented to or in the custody same. In determining whether increased premiums are the result of Tenant. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as 's use of the date hereofPremiums, to self-insure against any risk required hereunder to a schedule, issued by the organization making the insurance rate on the Premises, showing the various components of such rate, shall be insured or otherwise assumed by Landlord so long as any such program conclusive evidence of self-the several items and charges which make up the fire insurance affords rate on the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurerPremiums.

Appears in 1 contract

Sources: Lease (Opticare Health Systems Inc)

Fire and Extended Coverage Insurance. Landlord shall maintain   INTIALS: LANDLORD RB TENANT DL  (a) Commencing from and payafter the Commencement ▇▇▇▇, subject to reimbursement from Tenant as provided in Section 4 hereof, and for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty percent (80%) each year of the replacement cost thereof Except for Tenant’s use of materials used lease term, or portion thereof, in addition to the ordinary course of Tenant’s business insurance which use will be in strict compliance with all applicable laws and regulations, Tenant shall not do or cause is required to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused maintain pursuant to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raisedthis Article XIII, Tenant shall pay to Landlord, as additional rent, Tenant's share of the Fire Insurance (as defined below) which may be maintained by Landlord on demand the buildings and improvements in the Shopping Center, Tenant shall pay as its share of such Fire Insurance an amount equal to that proportion of the cost of the premiums for the Fire Insurance as the leaseable square foot area of the Leased Premises bears to the leaseable square foot area of all the buildings covered under the relevant policy.  (b) On each date that an installment of Minimum Rent is due, Tenant shall pay, as additional rent, an amount equal to one-twelfth (1/12th) of its share of the estimated total premiums paid by Landlord for Fire Insurance (as defined below). Tenant shall initially pay $83.33 per month towards its share of said insurance premium(s). Landlord will ▇▇▇▇ the Tenant annually for its proportionate share accompanied by copies of the appropriate invoices setting forth the amount due from Tenant on account of the Fire Insurance for the preceding year and the amount of any estimated Fire Insurance paid by Tenant during such increase year. The total billing for the insurance less the amount previously paid by Tenant will result in premium which Landlord an adjustment whereby Tenant will either receive a credit for an overpayment toward the next installment or installments due under this Section or Tenant shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty ten (2010) days after of the receipt of such demandstatement, any balance due to Landlord for such insurance. Tenant shall maintain and pay for all fire and extended coverage insurance The monthly amount to be paid on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging account will be revised each year to or in the custody more closely reflect one-twelfth (1/12th) of Tenant. Tenant shall first furnish to Landlord copies 's share of insurance policies or certificates costs most recently determined. With respect to any insurance effective for a term extending beyond the term of insurance evidencing Tenant's lease, Tenant will be obligated to pay only such proportion of Tenant's share of the required coverage premium as that portion of the term of the policy lapsing prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein expiration of the term of Tenant's lease bears to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as entire term of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurer.policy. 

Appears in 1 contract

Sources: Lease (Embassy Bancorp, Inc.)

Fire and Extended Coverage Insurance. Landlord throughout the term of this Lease shall maintain and pay, subject to reimbursement from Tenant as provided in Section 4 hereof, pay for fire and casualty special form "all risk" insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty ninety five percent (8095%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, thereof. Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building Common Areas or the Common Areas Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s 's Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty five (205) days after receipt of such demand. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. Landlord shall have no liability to Tenant for any direct or indirect loss of earnings or other expense due to any casualty or cause, including, but not limited to, vandalism and theft, and Tenant may insure against the same if Tenant elects to do so. Throughout the term Landlord agrees to carry a flood insurance policy for the Building and to cover damages to the Building and/or such of Tenant's contents in the Building as Tenant has listed on a schedule delivered to Landlord at the commencement of the Term, which shall be conclusive as to such covered contents unless Tenant updates such schedule every two years. Tenant and Landlord shall first furnish to Landlord each other copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurer.

Appears in 1 contract

Sources: Change in Control Severance Agreement (Capital Bank Corp)

Fire and Extended Coverage Insurance. Each party shall, if possible, during the term hereof, keep in full force and effect insurance against loss or damage by fire or other casualty under the ISO Causes of Loss - Special Form policy. The amounts of such insurance shall be not less than one hundred percent (100%) of the reasonable replacement of the respective Facilities of each party. The insurance companies providing such insurance shall be subject to the reasonable approval of each party and the Leasehold Mortgagee. In the event either party is unable to obtain its own insurance with respect to its respective Facility only, Landlord shall maintain obtain such insurance covering both Landlord’s Facility and pay, subject to reimbursement from Tenant as provided in Section 4 hereof, for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal propertyFacility, trade fixtures and equipment Tenant shall, as additional Rent hereunder, pay to Landlord on the first day of each and every year during the Term of this Lease Agreement (all of which shall be insured by Tenant), for so long as Landlord maintains such insurance) an amount equal to Tenant’s proportionate share of the annual premium (calculated as hereinafter provided) at least eighty the rates chargeable by insurance companies reasonably selected by Landlord in any such year for insurance against loss or damage by fire or casualty upon the Tenant’s Facility in amounts sufficient to prevent Landlord and Tenant, or either of them, from being a co-insurer within the terms of any policy or polices, and in any event in amounts not less than one hundred percent (80100%) of the replacement cost thereof Except for of the Tenant’s use Facility. Landlord shall, upon receipt of materials used such sums, apply the same to pay the applicable premium for policies of insurance with insurance companies reasonably selected by Landlord, with loss, if any, thereunder payable to Landlord, Tenant, and the Leasehold Mortgagee, as their interests may appear. Landlord shall pay the portion of such premium in the ordinary course excess of Tenant’s business which use will proportionate share. Tenant’s portion of such premiums shall be in strict compliance the same proportion that the value of Tenant’s Facility shown on such policy bears to the total value of Tenant’s Facility and Landlord Facility on such policy determined as provided in Section 6.1. Landlord shall promptly furnish to Tenant certificates (satisfactory to Tenant) of the policies of such insurance so obtained. In the event either Landlord or Tenant is unable to obtain its own insurance with all applicable laws respect to its respective Facility only, and regulationsLandlord fails to obtain or to maintain insurance for both Facilities, Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for obtain such insurance and if Landlord shall demand that immediately be indebted to Tenant remedy the condition which caused any such increase in an amount equal to the sum of Landlord’s proportionate share of the premium paid by Tenant for such insurance, plus (ii) any amount previously paid by Tenant to Landlord as Tenant’s proportionate share of the annual premium for the period for which Landlord has failed to obtain insurance. Tenant’s policy of insurance premium rateshall be delivered to the Leasehold Mortgagee and a certificate of such policy shall be delivered to Landlord, and Landlord’s policy shall be delivered to Landlord and a certificate of such policy shall be delivered to Tenant, but the insurance proceeds payable under said insurance policies, in case of loss or damage, shall be payable as provided in this Article. The policies of insurance of both Landlord and Tenant required under this Lease shall remedy such condition within twenty not be cancelable by the insurance carriers without thirty (2030) days after receipt of such demand. Tenant shall maintain prior written notice to Landlord and pay for all fire and extended coverage insurance on its contents the Leasehold Mortgagee in the Premisescase of Tenant’s policy, including trade fixtures, equipment, machinery, merchandise or other personal property belonging and to or Tenant and the Leasehold Mortgagee in the custody case of Tenant. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurerpolicy.

Appears in 1 contract

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

Fire and Extended Coverage Insurance. Landlord shall maintain INTIALS: LANDLORD RB TENANT DL (a) Commencing from and payafter the Commencement D▇▇▇, subject to reimbursement from Tenant as provided in Section 4 hereof, and for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty percent (80%) each year of the replacement cost thereof Except for Tenant’s use of materials used lease term, or portion thereof, in addition to the ordinary course of Tenant’s business insurance which use will be in strict compliance with all applicable laws and regulations, Tenant shall not do or cause is required to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused maintain pursuant to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raisedthis Article XIII, Tenant shall pay to Landlord, as additional rent, Tenant's share of the Fire Insurance (as defined below) which may be maintained by Landlord on demand the buildings and improvements in the Shopping Center, Tenant shall pay as its share of such Fire Insurance an amount equal to that proportion of the cost of the premiums for the Fire Insurance as the leaseable square foot area of the Leased Premises bears to the leaseable square foot area of all the buildings covered under the relevant policy. (b) On each date that an installment of Minimum Rent is due, Tenant shall pay, as additional rent, an amount equal to one-twelfth (1/12th) of its share of the estimated total premiums paid by Landlord for Fire Insurance (as defined below). Tenant shall initially pay $83.33 per month towards its share of said insurance premium(s). Landlord will b▇▇▇ the Tenant annually for its proportionate share accompanied by copies of the appropriate invoices setting forth the amount due from Tenant on account of the Fire Insurance for the preceding year and the amount of any estimated Fire Insurance paid by Tenant during such increase year. The total billing for the insurance less the amount previously paid by Tenant will result in premium which Landlord an adjustment whereby Tenant will either receive a credit for an overpayment toward the next installment or installments due under this Section or Tenant shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty ten (2010) days after of the receipt of such demandstatement, any balance due to Landlord for such insurance. Tenant shall maintain and pay for all fire and extended coverage insurance The monthly amount to be paid on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging account will be revised each year to or in the custody more closely reflect one-twelfth (1/12th) of Tenant. Tenant shall first furnish to Landlord copies 's share of insurance policies or certificates costs most recently determined. With respect to any insurance effective for a term extending beyond the term of insurance evidencing Tenant's lease, Tenant will be obligated to pay only such proportion of Tenant's share of the required coverage premium as that portion of the term of the policy lapsing prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein expiration of the term of Tenant's lease bears to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as entire term of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurerpolicy.

Appears in 1 contract

Sources: Lease (Embassy Bancorp, Inc.)

Fire and Extended Coverage Insurance. Landlord shall maintain agrees to carry policies insuring Landlord's improvements upon the shopping center against such perils or loss as Landlord may deem appropriate (including, but without limitation, fire, vandalism and pay, subject to reimbursement from Tenant as provided in Section 4 hereof, for malicious mischief and such other perils covered by extended coverage endorsements). Landlord's fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which policy shall be insured by Tenant), in an amount equal to at least eighty percent (80%) of the replacement cost thereof Except of such improvements. Tenant agrees to reimburse Landlord for Tenant’s use 's share of materials used the expenses for said insurance which shall be due and payable in monthly installments payable, in advance, on the first day of each month, in the ordinary course amount of $859.68, which is Landlord's reasonable estimate of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, 's share of insurance expenses. If the actual amount of Tenant's share of insurance expenses is less than the total amount theretofore paid by Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premisesfor such period, the Building excess shall be credited on Tenant's next succeeding payments(s) or refunded to Tenant. If the Common Areas in any manner which will cause an increase in actual amount of Tenant's share of insurance expenses shall exceed the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted total amount theretofore paid by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raisedsuch period, Tenant shall pay to Landlord on demand the difference between the actual amount paid by Tenant and the amount of any such increase in premium which Landlord shall pay due for the actual insurance expenses for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition period within twenty ten (2010) days after receipt notice thereof from Landlord. If the commencement date is other than the first day of such demanda calendar month, then the first monthly payment shall be prorated on a per diem basis. Any insurance billed to Tenant under this Article 4, section (e) will not be charged to Tenant under Article 4, section (c). Within 90 days after the end of each calendar year, Landlord shall maintain and pay forward to Tenant a statement of the insurance expenses for all fire and extended coverage insurance on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. Tenant shall first furnish to Landlord year together with copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurerpremium invoices.

Appears in 1 contract

Sources: Office Lease (Alliance Data Systems Corp)

Fire and Extended Coverage Insurance. Landlord 20.1 Lessor shall maintain procure and pay, subject to reimbursement from Tenant as provided continue in Section 4 hereof, for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering force during the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty percent (80%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty (20) days after receipt of such demand. Tenant shall maintain and pay for all term hereof fire and extended coverage insurance upon the Gateway Building, the Gateway II Building and all improvements thereon on a full value, repair or replacement basis; provided, however, at its contents sole cost and expense, Lessee shall take all actions reasonably required by Lessor's insurer to make such insurance available. 20.2 If and to the extent permitted without prejudice to any rights of Lessor under the applicable insurance policies, Lessee shall be held free and harmless from liability for loss or damage to the Leased Premises, the Gateway Building and the Gateway II Building by fire, the extended coverage perils, sprinkler leakage, vandalism and malicious mischief if and to the extent actually insured against or required be insured against hereunder, whether or not such loss or damage be the result of the negligence of Lessee, its employees or agents. This subsection does not impose any added obligation or expense upon Lessor nor requires that it carry any insurance of any kind (except as required by Section 20.1 above) and is to be construed only as a limitation upon the rights of the insurance carriers to subrogation. Lessor shall promptly notify Lessee if the foregoing waiver is not permitted without prejudice under Lessor's applicable insurance policies and until such time Lessee shall be held free and harmless for the above-described events. 20.3 If and to the extent permitted without prejudice to any rights of the Lessee under the applicable insurance policies, Lessor shall be held free and harmless from liability for loss or damage to personal property of Lessee in the PremisesLeased Premises by fire, including trade fixturesthe extended coverage perils, equipmentsprinkler leakage, machineryvandalism, merchandise or other personal property belonging to or in the custody of Tenant. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior and malicious mischief if and to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to extent actually insured against, unless such loss or damage be the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as result of the date hereofnegligence of the Lessor, to self-insure against their employees or agents. This subsection does not impose any risk required hereunder added obligation or expense upon Lessee nor requires that it carry any insurance of any kind and is to be insured or otherwise assumed by Landlord so long construed only as any such program a limitation upon the rights of self-the insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurercarriers to subrogation.

Appears in 1 contract

Sources: Lease Agreement (Kana Communications Inc)

Fire and Extended Coverage Insurance. Landlord shall maintain and paymaintain, subject to reimbursement from by Tenant as provided in Section 4 hereof, for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty percent one hundred (80100%) of the replacement cost thereof Except for Tenant’s use thereof. Additionally, Landlord shall keep in force during the term of materials used this Lease insurance in the ordinary course of Tenant’s business which use will be such amounts and coverages as Landlord deems appropriate from time to time, subject to reimbursement by Tenant as provided in strict compliance with all applicable laws and regulationsSection 4 hereof, Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building Common Areas or the Common Areas Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, done permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty five (205) days after receipt of such demand. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. In addition, at all times during the Term, Tenant shall procure and maintain business income and extra expense coverage in such amounts as will reimburse Tenant for direct or indirect loss or earnings attributable to any loss caused by fire or other casualty or cause including, but not limited to, vandalism, theft and water damage of any type. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, assigns to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurer.

Appears in 1 contract

Sources: Lease Agreement (Novan, Inc.)

Fire and Extended Coverage Insurance. Each party shall, if possible, during the term hereof, keep in full force and effect insurance against loss or damage by fire or other casualty under the ISO Causes of Loss - Special Form policy. The amounts of such insurance shall be not less than one hundred percent (100%) of the reasonable replacement of the respective Facilities of each party. The insurance companies providing such insurance shall be subject to the reasonable approval of each party and the Leasehold Mortgagee. In the event either party is unable to obtain its own insurance with respect to its respective Facility only, Landlord shall maintain obtain such insurance covering both Landlord’s Facility and pay, subject to reimbursement from Tenant as provided in Section 4 hereof, for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal propertyFacility, trade fixtures and equipment Tenant shall, as additional Rent hereunder, pay to Landlord on the first day of each and every year during the Term of this Lease Agreement (all of which shall be insured by Tenant), for so long as Landlord maintains such insurance) an amount equal to Tenant’s proportionate share of the annual premium (calculated as hereinafter provided) at least eighty the rates chargeable by insurance companies reasonably selected by Landlord in any such year for insurance against loss or damage by fire or casualty upon the Tenant’s Facility in amounts sufficient to prevent Landlord and Tenant, or either of them, from being a co-insurer within the terms of any policy or polices, and in any event in amounts not less than one hundred percent (80100%) of the replacement cost thereof Except for of the Tenant’s use Facility. Landlord shall, upon receipt of materials used such sums, apply the same to pay the applicable premium for policies of insurance with insurance companies reasonably selected by Landlord, with loss, if any, thereunder payable to Landlord, Tenant, and the Leasehold Mortgagee, as their interests may appear. Landlord shall pay the portion of such premium in the ordinary course excess of Tenant’s business which use will proportionate share. Tenant’s portion of such premiums shall be in strict compliance the same proportion that the value of Tenant’s Facility shown on such policy bears to the total value of Tenant’s Facility and Landlord Facility on such policy determined as provided in Section 6. 1. Landlord shall promptly furnish to Tenant certificates (satisfactory to Tenant) of the policies of such insurance so obtained. In the event either Landlord or Tenant is unable to obtain its own insurance with all applicable laws respect to its respective Facility only, and regulationsLandlord fails to obtain or to maintain insurance for both Facilities, Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for obtain such insurance and if Landlord shall demand that immediately be indebted to Tenant remedy the condition which caused any such increase in an amount equal to the sum of Landlord’s proportionate share of the premium paid by Tenant for such insurance, plus (ii) any amount previously paid by Tenant to Landlord as Tenant’s proportionate share of the annual premium for the period for which Landlord has failed to obtain insurance. Tenant’s policy of insurance premium rateshall be delivered to the Leasehold Mortgagee and a certificate of such policy shall be delivered to Landlord, and Landlord’s policy shall be delivered to Landlord and a certificate of such policy shall be delivered to Tenant, but the insurance proceeds payable under said insurance policies, in case of loss or damage, shall be payable as provided in this Article. The policies of insurance of both Landlord and Tenant required under this Lease shall remedy such condition within twenty not be cancelable by the insurance carriers without thirty (2030) days after receipt of such demand. Tenant shall maintain prior written notice to Landlord and pay for all fire and extended coverage insurance on its contents the Leasehold Mortgagee in the Premisescase of Tenant’s policy, including trade fixtures, equipment, machinery, merchandise or other personal property belonging and to or Tenant and the Leasehold Mortgagee in the custody case of Tenant. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurerpolicy.

Appears in 1 contract

Sources: Air Rights Lease Agreement

Fire and Extended Coverage Insurance. Landlord shall maintain and ------------------------------------ pay, subject to reimbursement from by Tenant as provided in Section 4 hereof, for fire and casualty special form "all risk" insurance, with extended coverage (including boiler and machinery coverage), covering the structural components of the Building (i.e. these items identified as Landlord's Work on Exhibit C --------- attached hereto) and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), the Common Areas equal to at least eighty percent (80%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, thereof. Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous extrahazardous on account of fire and Tenant shall not use the Premises, the Building Common Areas or the Common Areas Building in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s 's Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy or commence to remedy such condition within twenty five (205) days after receipt of such demanddemand and diligently proceed to cure same if such condition cannot reasonably be remedied within five (5) days. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. In addition, at all times during the Term, Tenant shall procure and maintain business income and extra expense coverage in such amounts as will reimburse Tenant for direct or indirect loss or earnings attributable to any loss caused by fire or other casualty or cause including, but not limited to, vandalism, theft and water damage. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, assigns to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-third- party insurer.

Appears in 1 contract

Sources: Lease Agreement (Oni Systems Corp)

Fire and Extended Coverage Insurance. Landlord (a) Tenant shall maintain keep the Premises and payall leasehold improvements installed in the Premises by the Tenant (and all of Tenant's Trade Fixtures and Equipment, subject to reimbursement from Tenant as provided in Section 4 hereofTenant's merchandise, for fire furnishings, equipment, personal property and casualty special form “all risk” insuranceplate glass, with extended coverage (including boiler Tenant's wall covering, floor covering, carpeting and machinery coverage)drape, covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (installed by Tenant) insured against loss or damage by fire, with the usual extended coverage and all risk endorsements, including flood and earthquake, in amounts not less than the full insurable, replacement value thereof above foundations. Tenant shall also obtain rental interruption insurance for the benefit of which the Landlord. Landlord shall be named as an additional insured on said policy using ISO Form 20-26. (b) If Tenant fails to obtain or maintain the policy required by Tenant)section 10.1 (a) above, equal this shall be considered an Event of Default under this Lease which must be cured upon three (3) days written notice. In the event Tenant fails to at least eighty percent (80%) of maintain the replacement cost thereof Except insurance provided for Tenant’s use of materials used herein, Landlord may obtain such policy and in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulationssuch event, Tenant shall not do or cause agrees to be done or permit on pay Landlord, as Additional Rent, all such insurance premiums separately assessed against the Premises or Tenant's Allocable Share, if such insurance is contained in a blanket policy covering the Building anything deemed extra hazardous on account Shopping Center, as computed under Section "12.3", of fire and Tenant shall not use any such insurance premiums for the PremisesPremises as computed under Section "12.3", the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereofas estimated by Landlord. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raisedIn addition, Tenant shall pay to Landlord on demand its Allocable Share of such premiums relating to the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rateCommon Areas, Tenant shall remedy such condition within twenty (20) days after receipt Tenant receives a ▇▇▇▇ for such premium from the Landlord. For the insurance years in which this Lease commences and terminates, the provisions of this paragraph shall apply and Tenant's liability for its Allocable Share of any insurance for such demand. Tenant year shall maintain and pay for all fire and extended coverage insurance be subject to a pro-rata adjustment based on its contents the number of days of said year(s) during which the term of this Lease was in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurereffect.

Appears in 1 contract

Sources: Lease Agreement (Embassy Bancorp, Inc.)

Fire and Extended Coverage Insurance. The Landlord shall maintain agrees to carry policies insuring the improvements in the Shopping Center against such perils or loss, as the Landlord may deem appropriate (including, but without limitation, fire, vandalism, rent, boiler and pay, subject to reimbursement from Tenant as provided in Section 4 hereof, for fire sprinkler damage and casualty special form “all risk” insurance, with malicious mischief and such other perils covered by extended coverage (including boiler and machinery coverageendorsements), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty percent (80%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, Tenant shall not do or cause to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty (20) days after receipt of such demand. Tenant shall maintain and pay for all The Landlord's fire and extended coverage insurance on its contents policy shall be in an amount equal to the Premisesreplacement cost of such improvements and shall include Tenant’s Improvements (except any floor and wall coverings, including trade fixtures, furnishings, ceiling- hung chandeliers and other adornments, special equipment, machinery, merchandise or other and personal property belonging of the Tenant), whether the same have been paid for entirely or partially by the Tenant. The Tenant agrees to or pay to Landlord as a component of the Common Area Charge for that portion of the cost of said insurance, which shall be determined by multiplying the Landlord's total premium expense [excluding the amount thereof attributable to insuring the Common Areas for which provision has been made in Subsection 4(C.)(i)] by the custody of Tenant’s Prorata Share. Tenant shall first have no rights in said policy or policies maintained by the Landlord and shall not, by reason of such reimbursement, be entitled to be a named insured thereunder. The Tenant agrees (a) that the Tenant will furnish to the Landlord copies of insurance policies or certificates of insurance evidencing within sixty (60) days after the required coverage prior to Tenant opens for business within the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with Demised Premises a net worth substantially equivalent to Landlord’s net worth as written certified statement of the date hereofactual cost incurred in making all the Tenant's Improvements in order to assist the Landlord in providing for adequate coverage thereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurer.(b) that copies

Appears in 1 contract

Sources: Shopping Center Lease Agreement

Fire and Extended Coverage Insurance. 18.1 Landlord shall at all times during the Term maintain and pay, subject to reimbursement from Tenant as provided in Section 4 hereof, for fire and casualty special form “all risk” insurance, effect a policy or policies of insurance with extended coverage (including boiler and machinery coverage), companies having a Bests rating of at least A covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all Premises with minimum coverage of which shall be insured by Tenant), equal to at least eighty percent (80%) of the replacement cost thereof Except for Tenant’s use of materials used the Building, providing protection against any peril included within the classification "Fire and Extended Coverage" and "Windstorm coverage", and, at Landlord's option, insurance against sprinkler damage, vandalism, malicious mischief, and abatement or loss of rent in case of said insured casualties. The cost of all such insurance shall be a part of the ordinary course operating costs. Landlord shall provide Tenant a certificate of Tenant’s business which use will be in strict compliance with all applicable laws and regulations, insurance upon written request of Tenant not more than once per year. 18.2 Tenant agrees that it shall not do keep, use, sell or cause offer for sale in or upon the Premises any article or thing which may be prohibited by the standard form of fire insurance policy. Tenant agrees to pay any increase in premiums for fire and extended coverage and windstorm insurance that may be done or permit charged during the Term on the amount of such insurance which may be carried by the Landlord on the Premises or the building(s) of which it is a part, resulting from a violation of the foregoing, whether or not the Landlord has consented to or otherwise waived the same. In determining whether increased premiums are the result of the Tenant's use of the Premises, a schedule, issued by the organization in making the Building anything deemed extra insurance rate on the Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make up the fire insurance rate of the Premises. 18.3 In the event that the Tenant's occupancy causes any increase of premium for the fire and/or casualty rates on the Premises or any part thereof above the rate for the least hazardous on account type of fire and Tenant shall not use occupancy legally permitted in the Premises, the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord the additional premium on demand the amount of any such increase in premium which Landlord shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty (20) days after receipt of such demand. Tenant shall maintain and pay for all fire and extended coverage insurance on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging to or in the custody of Tenant. Tenant shall first furnish to Landlord copies of and/or casualty insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurerreason thereof.

Appears in 1 contract

Sources: Lease Agreement (American Capital Holdings Inc)

Fire and Extended Coverage Insurance. Landlord shall maintain INTIALS: LANDLORD RB TENANT DL (a) Commencing from and payafter the Commencement ▇▇▇▇, subject to reimbursement from Tenant as provided in Section 4 hereof, and for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), covering the Building and any permanently affixed alterations or improvements thereto other than Tenant’s personal property, trade fixtures and equipment (all of which shall be insured by Tenant), equal to at least eighty percent (80%) each year of the replacement cost thereof Except for Tenant’s use of materials used lease term, or portion thereof, in addition to the ordinary course of Tenant’s business insurance which use will be in strict compliance with all applicable laws and regulations, Tenant shall not do or cause is required to be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused maintain pursuant to be done, permitted or omitted by Tenant or Tenant’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raisedthis Article XIII, Tenant shall pay to Landlord, as additional rent, Tenant's share of the Fire Insurance (as defined below) which may be maintained by Landlord on demand the buildings and improvements in the Shopping Center, Tenant shall pay as its share of such Fire Insurance an amount equal to that proportion of the cost of the premiums for the Fire Insurance as the leaseable square foot area of the Leased Premises bears to the leaseable square foot area of all the buildings covered under the relevant policy. (b) On each date that an installment of Minimum Rent is due, Tenant shall pay, as additional rent, an amount equal to one-twelfth (1/12th) of its share of the estimated total premiums paid by Landlord for Fire Insurance (as defined below). Tenant shall initially pay $83.33 per month towards its share of said insurance premium(s). Landlord will ▇▇▇▇ the Tenant annually for its proportionate share accompanied by copies of the appropriate invoices setting forth the amount due from Tenant on account of the Fire Insurance for the preceding year and the amount of any estimated Fire Insurance paid by Tenant during such increase year. The total billing for the insurance less the amount previously paid by Tenant will result in premium which Landlord an adjustment whereby Tenant will either receive a credit for an overpayment toward the next installment or installments due under this Section or Tenant shall pay for such insurance and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty ten (2010) days after of the receipt of such demandstatement, any balance due to Landlord for such insurance. Tenant shall maintain and pay for all fire and extended coverage insurance The monthly amount to be paid on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging account will be revised each year to or in the custody more closely reflect one-twelfth (1/12th) of Tenant. Tenant shall first furnish to Landlord copies 's share of insurance policies or certificates costs most recently determined. With respect to any insurance effective for a term extending beyond the term of insurance evidencing Tenant's lease, Tenant will be obligated to pay only such proportion of Tenant's share of the required coverage premium as that portion of the term of the policy lapsing prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein expiration of the term of Tenant's lease bears to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent to Landlord’s net worth as entire term of the date hereof, to self-insure against any risk required hereunder to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurerpolicy.

Appears in 1 contract

Sources: Lease (Embassy Bancorp, Inc.)

Fire and Extended Coverage Insurance. At all times during the Lease Term, Landlord shall maintain and pay, subject to reimbursement from Tenant as provided in Section 4 hereof, for fire and casualty special form “all risk” insurance, with extended coverage (including boiler and machinery coverage), effect policies of insurance covering the Premises and the Building therein in an amount not less than its full insurable value, providing protection against any peril included within the standard classification of “Fire and any permanently affixed alterations Extended Coverage,” together with insurance against vandalism, theft and malicious mischief and insurance covering replacement of all the plate glass of the Premises (provided such coverage is conventionally available). The proceeds of such insurance shall be used to repair or improvements thereto other than Tenant’s personal replace the Premises so insured. All property, trade including without limitation stock, inventory, fixtures and equipment (all belonging to Tenant shall be on the Premises at the risk of which Tenant and shall be insured by Tenant), equal Tenant to at least eighty percent (80%) of the replacement cost thereof Except for Tenant’s use of materials used in the ordinary course of Tenant’s business which use will be in strict compliance with all applicable laws cost, and regulations, Tenant Landlord shall not do be liable for damage, theft or cause to misappropriation of such property of Tenant except as results solely from the negligence or intentional misconduct of Landlord or its agents, employees, or contractors. The Landlord’s cost of providing insurance coverages hereunder shall be done or permit on the Premises or in the Building anything deemed extra hazardous on account of fire and Tenant shall not use the Premises, the Building or the Common Areas in any manner which will cause an increase in the premium rate for any insurance in effect on the Building or a part thereof. If, because of anything done, caused to be done, permitted or omitted paid by Tenant or Tenantas an element of Premises Operating Expenses subject to the requirement that prior to Landlord’s Invitees, the premium rate for any kind of insurance in effect on the Building or any part thereof shall be raised, Tenant shall pay Landlord on demand the amount renewal of any such increase in premium which coverage, Landlord will provide Tenant with a copy of the insurance coverage detail and cost for review and Landlord shall pay allow Tenant to and procure a quote for alternative equivalent insurance from a comparable provider, provided such insurance quote is provided to Landlord not less than two (2) weeks prior to expiration of Landlord’s existing policy and if Landlord shall demand that Tenant remedy the condition which caused any such increase in an insurance premium rate, Tenant shall remedy such condition within twenty (20) days after receipt of such demand. Tenant shall maintain and pay for all fire and extended coverage insurance is on its contents in the Premises, including trade fixtures, equipment, machinery, merchandise or other personal property belonging terms identical to or in the custody of Tenant. Tenant shall first furnish to Landlord copies of insurance policies or certificates of insurance evidencing the required coverage prior to the Commencement Date and thereafter prior to each policy renewal date. Notwithstanding anything herein to the contrary, Landlord reserves the right for itself, any affiliated entities and any successors and assigns, with a net worth substantially equivalent superior to Landlord’s net worth as of the date hereof, existing policy in Landlord’s reasonable discretion. Any cost to self-insure against Landlord in connection with accepting insurance coverage procured through Tenant’s efforts hereunder shall be borne by Tenant. In no event shall Landlord be required to allow any risk required hereunder coverage to be insured or otherwise assumed by Landlord so long as any such program of self-insurance affords the same coverage of risks and benefits which would be afforded in the event Landlord procured insurance from a third-party insurerlapse.

Appears in 1 contract

Sources: Lease (Teltronics Inc)