Common use of Form of Policies Clause in Contracts

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefor.

Appears in 4 contracts

Sources: Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.), Lease (Dyne Therapeutics, Inc.)

Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) shall be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII A-VIII and shall be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and authorized to do business in the state in which the Project is locatedany other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “A▇▇▇▇ 25” (Certificate of Liability Insurance) and “A▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. If Attached to the A▇▇▇▇ 25 (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached to the A▇▇▇▇ 28 (or equivalent) there shall be an endorsement designating Landlord as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements, and each such endorsement shall be binding on Tenant’s insurance company. Upon Landlord’s request, Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, copies of the policies of insurance required to all of its other rights be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and remedies under this Lease, and without regard that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefor-Insured Improvements.

Appears in 4 contracts

Sources: Office Lease (Kempharm, Inc), Office Lease (Navidea Biopharmaceuticals, Inc.), Office Lease (Cellteck Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, its subsidiaries and affiliates and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, as applicable, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of North Carolina; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement required of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause form and content reasonably acceptable to Landlord; and (viivi) with respect provide that said insurer shall endeavor to provide written notice to Landlord and any mortgagee of Landlord, to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date Date, and (B) the date upon which Tenant is first provided access to the Premises, and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, policies or certificate within such time periodsten (10) days after written notice from Landlord, Landlord may, at its option, in addition option (upon notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant), procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 4 contracts

Sources: Lease Agreement (Precision Biosciences Inc), Lease (Precision Biosciences Inc), Lease (Precision Biosciences Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it lender, property manager, agent or affiliate the Landlord reasonably so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general on all liability insuranceinsurance (except employer’s liability), including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause form and content reasonably acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof of such policies to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If Tenant shall immediately notify Landlord in the event any policy of insurance carried by Tenant is cancelled or the coverage materially changed. In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodscertificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1after providing Tenant with five (5) business days’ notice, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 3 contracts

Sources: Office Lease (Square, Inc.), Office Lease (Square, Inc.), Office Lease (Square, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i1) name Landlord, Landlord’s lender, and any other party it the Landlord so specifies in writing to Tenantspecifics, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:V1II in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of Utah; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 3 contracts

Sources: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name as additional insureds Landlord, and the other Additional Insureds listed in Section 16 of the Summary, and any other party it Landlord hereafter so specifies in writing to TenantTenant via written Notice, together with their “Related Parties” defined as an their parents, affiliates, managers, members, directors, officers, employees, subsidiaries, successors, lenders (if required by loan agreements), and their successors and assigns, it being the intent of this Section to trigger the additional insured with respect to the commercial general liability insurancecoverage under any “automatic additional insured” provision of, or endorsement to, Tenant’s insurance policies; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, including Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A:X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice Notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor, together with a fifteen percent (15%) service charge.

Appears in 3 contracts

Sources: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 10.3.1 and 10.3.4 10.3.3 above, have deductible amounts not exceeding One Hundred Twenty Five Thousand Dollars ($100,000.00)25,000.00) unless Landlord approves the higher amount in writing. Tenant shall deliver such policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor. Landlord may from time to time ask Tenant to seek or obtain other coverages or higher limits or broader coverage for required coverages, as may be commercially reasonable, including adjustments required by holders of indebtedness secured by the Project, and Tenant shall then use its best efforts promptly to obtain the coverages or limits.

Appears in 3 contracts

Sources: Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.)

Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) shall be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII in BestA-VIII. Tenant’s Commercial General Liability Insurance Guide or which is otherwise acceptable to shall (a) name the Landlord Parties and authorized to do business in the state in which the Project is locatedany other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant’s Prope1ty Insurance on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. If Attached to the ▇▇▇▇▇ 25 (or equivalent) there shall be an endorsement (or an excerpt from the policy) naming the Additional Insured Parties as additional insureds, and attached to the ▇▇▇▇▇ 28 (or equivalent) there shall be an endorsement (or an excerpt from the policy) designating Landlord as a ▇▇▇▇ payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements, and each such endorsement (or policy excerpt) shall be binding on Tenant’s insurance company. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with certificates of coverage in a timely manner, Landlord may (but shall not be required to) procure said insurance on Tenant’s behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest (at the rate that is at the lesser of 18% per annum or the highest rate permitted by Law) from the date such sums are expended. Tenant shall fail have the right to procure provide such insuranceinsurance coverage pursuant to blanket policies obtained by Tenant, or provided such blanket policies expressly afford coverage to deliver such certificates the Premises and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under Tenant as required by this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefor.

Appears in 3 contracts

Sources: Office Lease (Mirum Pharmaceuticals, Inc.), Office Lease (Mirum Pharmaceuticals, Inc.), Office Lease (Mirum Pharmaceuticals, Inc.)

Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII A-VIII; (ii) be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord Landlord; and authorized (iii) provide that it shall not be canceled or materially changed without 30 days’ prior notice to do business Landlord, except that 10 days’ prior notice may be given in the state in which the Project is locatedcase of nonpayment of premiums. Tenant’s Commercial General Liability Insurance shall (a) name Landlord, Landlord’s managing agent, and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) and “▇▇▇▇▇ 25-S” (Certificate of Liability Insurance) or the equivalent. If Attached to the ▇▇▇▇▇ 25-S there shall be an endorsement naming the Additional Insured Parties as additional insureds which shall be binding on Tenant’s insurance company and shall expressly require the insurance company to notify each Additional Insured Party in writing at least 30 days before any termination or material change to the policies, except that 10 days’ prior notice may be given in the case of nonpayment of premiums. Upon Landlord’s request, Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, copies of the policies of insurance required to all of its other rights and remedies be carried under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for 10.2 showing that the account of Tenant, and the cost thereof shall be paid to Landlord Additional Insured Parties are named as Additional Rent within thirty (30) days after delivery of bills thereforadditional insureds.

Appears in 3 contracts

Sources: Office Lease Agreement (Cardiodx Inc), Office Lease Agreement (Cardiodx Inc), Office Lease (Trintech Group PLC)

Form of Policies. The minimum limits of policies of All insurance required of Tenant under by this Lease Article 14 shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued on an occurrence basis by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized solvent companies qualified to do business in the state in which State of California. Any insurance required under this Article 14 may be maintained under a “blanket policy” or an “umbrella policy”, insuring other parties and other locations, so long as the Project amount and coverage required to be provided hereunder is located; not thereby diminished. Tenant shall provide Landlord a copy of each policy of insurance or a certificate thereof certifying that the policies contain the provisions required hereunder. Tenant shall deliver such policies or certificates to Landlord within ten (iv10) be primary insurance business days following the date of this Lease or such earlier date as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant or Tenant; (v) provide that said insurance shall ’s contractors, agents, licensees, invitees or employees first enter the Premises and, upon renewal, not be canceled or coverage changed unless less than thirty (30) days’ days prior written notice shall have been given to the expiration of such coverage. All evidence of insurance provided to Landlord shall provide (i) that Landlord, Landlord’s managing agent and any mortgagee or ground or underlying lessor of other person requested by Landlord (provided Tenant will not be in default if the insurance company refuses who has an insurable interest, is designated as an additional insured without limitation as to provide coverage afforded under such assurance)policy; (viii) contain a cross-liability endorsement or for severability of interest clause acceptable interests or that the acts or omissions of one of the insureds or additional insureds shall not reduce or affect coverage available to Landlordany other insured or additional insured; and (viiiii) with respect that the insurer agrees not to cancel or alter the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof to Landlord on or before the Lease Commencement Date and policy without at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition prior written notice to all of its other rights and remedies under this Lease, and without regard additional insureds; (iv) that the aggregate liability applies solely to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, Premises and the cost thereof shall be paid to Landlord as Additional Rent within thirty remainder of the Building; and (30v) days after delivery of bills thereforthat Tenant’s insurance is primary and noncontributing with any insurance carried by Landlord.

Appears in 2 contracts

Sources: Sublease Agreement (Salesforce Com Inc), Sublease Agreement (Salesforce Com Inc)

Form of Policies. The minimum limits of All insurance policies of insurance required of to be carried by Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) be written by companies rated A VIII or better in “Best’s Insurance Guide” or having an equivalent rating from a reputable financial rating agency such as ▇▇▇▇▇’▇ or Standard & Poors, and not prohibited from doing business in California, (ii) name Landlord, Landlord and any other party it so specifies parties designated by Landlord as additional insureds, in writing to Tenantthe case of liability insurance, and name Landlord and Tenant as named insureds, as an additional insured their interest may appear, in the case of any Property Policies (provided if Tenant’s Property Policy is a blanket policy, Landlord shall be a named insured, by endorsement, with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this LeasePremises only), including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) as to liability coverages, be issued by written on an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business in the state in which the Project is located; “occurrence” basis, (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless receive thirty (30) days’ prior written notice shall have been given to Landlord from the insurer before any cancellation or change in coverage, and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (viv) contain a crossprovision that no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained. Each such policy shall contain a provision that such policy and the coverage evidenced thereby shall be primary and non-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance. Tenant shall be liable for payment of any deductible in the insurance required in Sections 10.3.1event of any loss, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)claim or casualty. Tenant shall deliver certificates thereof reasonably satisfactory evidence of such insurance to Landlord on or before the Lease Commencement Date Date, and thereafter at least thirty (30) days before the expiration dates thereof. If of expiring policies; and in the event Tenant shall fail to procure such insurance, insurance or to deliver reasonably satisfactory evidence thereof within five (5) business days after written notice from Landlord of such certificates and endorsements, within such time periodsfailure, Landlord may, at its option, option and in addition to all Landlord’s other remedies in the event of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1a default by Tenant hereunder, procure such policies insurance for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery Charges. The limits of bills thereforthe insurance required under this Lease shall not limit any obligation or liability of Tenant under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.)

Form of Policies. The minimum limits of policies of insurance ---------------- required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, ▇▇▇▇▇▇ & Company, and any other party it so specifies in writing to TenantLandlord reasonably specifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail be permitted to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies provide the insurance required under this Lease, and without regard Lease by obtaining a blanket policy or policies to any notice and cure periods set forth in Section 19.1, procure such policies for the account of be maintained by Tenant, and the cost thereof shall be paid . The coverage afforded to Landlord as Additional Rent within thirty (30) days after delivery under this Lease shall in no way be limited, diminished or reduced because of bills thereforthe fact that such policy or policies are blanket in nature.

Appears in 2 contracts

Sources: Office Lease (Entravision Communications Corp), Office Lease (Entravision Communications Corp)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies the Landlord reasonably specifies, in writing to Tenantwriting, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing non¬contributing with any insurance requirement of Tenant; Tenant (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or, at Tenant’s option, certificates of such policies (including endorsements) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition within five (5) days following written notice from Landlord to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Sources: Assignment of Sublease (Jaguar Animal Health, Inc.), Assignment of Sublease (Jaguar Animal Health, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) to the extent consistent with industry custom and practice, provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Twenty Thousand Dollars ($100,000.0020,000.00). Tenant shall deliver such policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor. Tenant shall have the right to carry the insurance required hereunder in the form of blanket and/or umbrella policies.

Appears in 2 contracts

Sources: Lease (Applied Molecular Transport Inc.), Lease (Applied Molecular Transport LLC)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary and noncontributory insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord. Tenant’s obligation to have its insurer(s) provide Landlord with any notices of changes or ground or underlying lessor cancelations of Landlord (provided Tenant will not policies shall be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect limited to the extent notice requirements are provided for under the then generally prevailing available insurance policies and ▇▇▇▇▇ certificates, but Tenant shall provide Landlord with notices required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars hereunder ($100,000.00)within the time period provided hereunder) to the extent that Tenant’s insurer(s) shall not. Tenant shall deliver certificates thereof of policies required hereunder to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Sources: Office Lease (Connecture Inc), Office Lease (Connecture Inc)

Form of Policies. The minimum limits of policies of insurance ---------------- required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) with respect to the coverages required under Sections 10.3.2(ii) and (iv) above, name Landlord, and any other ------------------- ---- party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a ------------ rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Sources: Telecommunications Office Lease (Equinix Inc), Telecommunications Office Lease (Equinix Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Five Thousand Dollars ($100,000.005,000.00). Tenant shall deliver such policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) business days after delivery of bills therefor.

Appears in 2 contracts

Sources: Lease Agreement (Harpoon Therapeutics, Inc.), Lease (Harpoon Therapeutics, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name LandlordLandlord and Lenders, and any other party it so specifies in writing to Tenantif any, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations to indemnify Landlord under Section 10.1 abovethis Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-IX[?] in Best’s 's Insurance Guide or which is otherwise reasonably acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedProperty Jurisdiction; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause reasonably acceptable to Landlord; and (vii) with respect . Tenant shall use its best efforts to cause such insurance policies to provide that the insurance required in Sections 10.3.1carrier will give Landlord and any additional insured thirty (30) days written notice before any such policy is canceled, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)expires or the coverage changed. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, after fifteen (15) days' prior written notice to Tenant, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within additional rent thirty (30) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Alltrista Corp), Asset Purchase Agreement (Alltrista Corp)

Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) shall be issued by an insurance company having a than has an A.M. Best rating of not less than A–/VII A-VIII and shall be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and authorized to do business in the state in which the Project is locatedany other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 Tenant’s Property Insurance on any Tenant-Insured Improvements and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)trade fixtures. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates date thereof, certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. If Attached to the ▇▇▇▇▇ 25 (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached to the ▇▇▇▇▇ 28 (or equivalent) there shall be an endorsement designating Landlord as a loss payee with respect to Tenant’s Property insurance on any Tenant-Insured Improvements and trade fixtures, and each such endorsement shall be binding on Tenant’s insurance company. Upon Landlord’s request, Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, copies of the policies of insurance required to all of its other rights be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds end that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefortrade fixtures.

Appears in 2 contracts

Sources: Office Lease (Versartis, Inc.), Office Lease (Versartis, Inc.)

Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII A-VIII; (ii) be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord Landlord; and authorized (iii) provide that it shall not be canceled or materially changed without thirty (30) days’ prior notice to do business Landlord, except that ten (10) days’ prior notice may be given in the state in which the Project is locatedcase of nonpayment of premiums. Tenant’s Commercial General Liability Insurance shall (a) name Landlord, Landlord’s managing agent, and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the Tenant’s Property insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least fifteen (15) days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) and “▇▇▇▇▇ 25-S” (Certificate of Liability Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25-S (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insureds which shall be binding on Tenant’s insurance company and shall expressly require the insurance company to notify each Additional Insured Party in writing at least thirty (30) days before any termination or material change to the expiration dates thereofpolicies, except that ten (10) days’ prior notice may be given in the case of nonpayment of premiums. If Upon Landlord’s request, Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, copies of the policies of insurance required to all of its other rights and remedies be carried under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for 14.01 showing that the account of Tenant, and the cost thereof shall be paid to Landlord Additional Insured Parties are named as Additional Rent within thirty (30) days after delivery of bills thereforadditional insureds.

Appears in 2 contracts

Sources: Office Lease Agreement (Clementia Pharmaceuticals Inc.), Office Lease Agreement (Stealth BioTherapeutics Corp)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such Tenant's liability insurance shall: shall (i) name Landlord, Landlord's lender and any other party it so specifies in writing to TenantLandlord's managing agent, if any, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section SECTION 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedCommonwealth of Massachusetts; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed reduced unless thirty ten (3010) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof evidence of such coverage to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates time of any renewal thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementsevidence, within such time periodsincluding a certificate of insurance, Landlord may, at its option, in addition if Tenant fails to all provide evidence of its other rights and remedies under this Lease, and without regard to any such insurance within five (5) business days after notice and cure periods set forth in Section 19.1from Landlord, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) business days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Sources: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)

Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) shall be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII in BestA-VIII. Tenant’s Commercial General Liability Insurance Guide or which is otherwise acceptable to shall (a) name the Landlord Parties and authorized to do business in the state in which the Project is locatedany other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 10 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. If Attached to the ▇▇▇▇▇ 25 (or equivalent) there shall be an endorsement (or an excerpt from the policy) naming the Additional Insured Parties as additional insureds, and attached to the ▇▇▇▇▇ 28 (or equivalent) there shall be an endorsement (or an excerpt from the policy) designating Landlord as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements, and each such endorsement (or policy excerpt) shall be binding on Tenant’s insurance company. Tenant agrees that if Tenant does not take out and maintain such insurance or furnish Landlord with certificates of coverage in a timely manner, Landlord may (but shall not be required to) procure said insurance on Tenant’s behalf and charge Tenant the cost thereof, which amount shall be payable by Tenant upon demand with interest (at the rate that is at the lesser of 18% per annum or the highest rate permitted by Law) from the date such sums are expended. Tenant shall fail have the right to procure provide such insuranceinsurance coverage pursuant to primary, excess and or blanket/umbrella policies obtained by Tenant, provided such policies expressly afford coverage to deliver such certificates the Premises and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under Tenant as required by this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefor.

Appears in 2 contracts

Sources: Office Lease (Evommune, Inc.), Office Lease (Evommune, Inc.)

Form of Policies. The minimum limits of policies of All insurance required of Tenant under by this Lease Article 14 shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued on an occurrence basis by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized solvent companies qualified to do business in the state State of California, with a Best's rating of at least A and a financial size category of at least Class X, as set forth in which the Project most recent edition of Best's. Any insurance required under this Article 14 may be maintained under a "blanket policy", insuring other parties and other locations, so long as the amount and coverage required to be provided hereunder is located; not thereby diminished. Tenant shall provide Landlord a copy of each policy of insurance or a certificate thereof certifying that the policies contain the provisions required hereunder. Tenant shall deliver such policies or certificates to Landlord within (iv30) be primary insurance days after the Lease Date, but in no event less than ten (10) business days prior to the Commencement Date or such earlier date as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant or Tenant; (v) provide that said insurance shall 's contractors, agents, licensees, invitees or employees first enter the Premises and, upon renewal, not be canceled or coverage changed unless less than thirty (30) days’ days prior written notice shall have been given to the expiration of such coverage. All evidence of insurance provided to Landlord shall provide (i) that Landlord, Landlord's managing agent and any mortgagee or ground or underlying lessor of other person requested by Landlord (provided Tenant will not be in default if the insurance company refuses who has an insurable interest, is designated as an additional insured without limitation as to provide coverage afforded under such assurance)policy; (viii) contain a cross-liability endorsement or for severability of interest clause acceptable interests or that the acts or omissions of one of the insureds or additional insureds shall not reduce or affect coverage available to Landlordany other insured or additional insured; and (viiiii) with respect that the insurer agrees not to cancel or reduce the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof to Landlord on or before coverage under the Lease Commencement Date and policy without at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition prior written notice to all of its other rights and remedies under this Lease, and without regard additional insureds; (iv) that the aggregate liability applies solely to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, Premises and the cost thereof shall be paid to Landlord as Additional Rent within thirty remainder of the Building; and (30v) days after delivery of bills thereforthat Tenant's insurance is primary and noncontributing with any insurance carried by Landlord.

Appears in 2 contracts

Sources: Office Lease (Critical Path Inc), Office Lease (Critical Path Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (ia) (except Workers’ Compensation) name Landlord, and any other party it reasonably so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (iib) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations to indemnify Landlord under Section 10.1 abovethis Lease; (iiic) be issued by an insurance company having a rating of not less than A–/VII A-1X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedProperty Jurisdiction; (ivd) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (ve) provide that said insurance shall not be canceled canceled, expire or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or Lender and any landlord of an underlying ground or underlying lessor of Landlord master lease; and (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vif) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date commencement date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty additional rent ten (3010) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Sources: Lease (Appliance Recycling Centers of America Inc /Mn), Purchase Agreement (Appliance Recycling Centers of America Inc /Mn)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: shall be issued on an occurrence basis and shall be (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide BEST'S INSURANCE GUIDE or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; and (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (vii) provide that said PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if Landlord. In addition, the insurance company refuses to provide such assurance)described in Section 10.3.1 above shall (a) name Landlord, and any other party reasonably specified by Landlord, as an additional insured; (vib) specifically cover the liability assumed by Tenant under this Lease including, but not limited to, Tenant's obligations under Section 10.1 of this Lease; (c) be primary insurance as to all claims thereunder and provide that any insurance obtained by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (d) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date (or Tenant's entry into the Building pursuant to the Tenant Work Letter, if earlier) and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodscertificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof costs of it shall be paid to Landlord as Additional Rent within thirty fifteen (3015) days after delivery to Tenant of bills therefor. Tenant may satisfy the insurance coverage described in this Article 10 through one or more blanket policies so long as such policies otherwise meet the requirements specified above.

Appears in 2 contracts

Sources: Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc)

Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII A-VIII; (ii) be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord; and (iii) provide that it shall not be canceled or materially changed without thirty (30) days’ prior notice to Landlord (if commercially available, and authorized to do business otherwise such notice of cancelation or change shall be timely given by Tenant), except that ten (10) days’ prior notice may be given in the state in which the Project is locatedcase of nonpayment of premiums. Tenant’s Commercial General Liability Insurance shall (a) name Landlord, Landlord’s managing agent, and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the Tenant’s Property insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least fifteen (15) days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) and “▇▇▇▇▇ 25-S” (Certificate of Liability Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25-S (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insureds which shall be binding on Tenant’s insurance company and Tenant or Tenant’s insurance agent shall notify each Additional Insured Party in writing at least thirty (30) days before any termination or material change to the expiration dates thereofpolicies (if commercially available, and otherwise such notice of cancelation or change shall be timely given by Tenant), except that ten (10 days’ prior notice may be given in the case of nonpayment of premiums. If Tenant excess/umbrella insurance is provided, any such certificate shall fail evidence coverage specifically with respect to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, Property and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery amount of bills thereforcoverage allocated thereto in compliance with Section 14.01 hereof.

Appears in 2 contracts

Sources: Office Lease Agreement, Office Lease Agreement (scPharmaceuticals Inc.)

Form of Policies. The minimum limits of policies and Tenant’s procurement and maintenance of insurance required of Tenant under this Lease such policies described in Section 14.1 above shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed required by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) Article 14 shall be issued on an occurrence basis by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized solvent companies qualified to do business in the state State of California, and with a Best & Company rating of A:VIII or better. Any insurance policy under this Article 14 may be maintained under a “blanket policy,” insuring other parties and other locations, so long as the amount and coverage required to be provided hereunder is not thereby diminished. No policy maintained by Tenant under this Article 14 shall contain a deductible which is not commercially reasonable. Tenant shall provide Landlord a certificate of each policy of insurance required hereunder certifying that the policies contain the provisions required. Tenant shall deliver such certificates to Landlord within thirty (30) days after the Lease Date, but in which no event later than the Project date that Tenant or any other Tenant Parties first enter the Premises and, upon renewal, not fewer than ten (10) days prior to the expiration of such coverage. In addition, Tenant shall deliver to Landlord a copy of each policy of insurance required hereunder upon Landlord’s request. Tenant shall (1) add Landlord, Landlord’s managing agent, any Encumbrancer, and any other person reasonably requested by Landlord as an additional insured pursuant to an endorsement providing coverage at least as broad as ISO form CG 20 37 10 01 or its equivalent on Tenant’s liability insurance policies (except workers’ compensation insurance), and (2) ensure that such insurance is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried or self-insurance maintained by Landlord is excess and is non-contributing shall not contribute with any it. Tenant shall endeavor to cause all of its insurance requirement of Tenant; (v) policies to provide that said insurance shall the insurer cannot be canceled cancel such policy or materially reduce coverage changed unless without at least thirty (30) days’ prior written notice to all additional insureds (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord give all additional insureds at least ten (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi10) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00days’ prior notice). Tenant shall deliver certificates thereof to notify Landlord on or before the Lease Commencement Date and at least thirty within ten (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (3010) days after delivery any material reduction of bills thereforany policy of insurance required under this Article. Any self insurance or self insured retention provisions under, or with respect to, any insurance policies maintained by Tenant hereunder shall be subject to Landlord’s prior written approval, which Landlord may give or withhold in its reasonable discretion.

Appears in 2 contracts

Sources: Office Lease (iRhythm Technologies, Inc.), Office Lease (iRhythm Technologies, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Five Thousand Dollars ($100,000.005,000.00). Tenant shall deliver such policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor.

Appears in 2 contracts

Sources: Lease (Sionna Therapeutics, Inc.), Lease (Sionna Therapeutics, Inc.)

Form of Policies. The minimum limits of policies of All insurance required of Tenant under by this Lease Article 14 shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued on an occurrence basis by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized solvent companies qualified to do business in the state in which State of California. Any insurance required under this Article 14 may be maintained under a “blanket policy” or an “umbrella policy”, insuring other parties and other locations, so long as the Project amount and coverage required to be provided hereunder is located; (iv) be primary not thereby diminished. Tenant shall provide Landlord a copy of each policy of insurance or a certificate thereof certifying that the policies contain the provisions required hereunder. Tenant shall deliver such policies or certificates to Landlord as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of the date of this Lease or such earlier date as Tenant or Tenant; (v) provide that said insurance shall ’s contractors, agents, licensees, invitees or employees first enter the Premises and, upon renewal, not be canceled or coverage changed unless less than thirty (30) days’ days prior written notice shall have been given to the expiration of such coverage. All evidence of insurance provided to Landlord shall provide (i) that Landlord, Landlord’s managing agent and any mortgagee other person requested by Landlord who has an insurable interest, is designated as an additional insured without limitation as to coverage afforded under such policy, (ii) for severability of interests or ground that the acts or underlying lessor omissions of Landlord (provided Tenant will one of the insureds or additional insureds shall not be in default if the insurance company refuses reduce or affect coverage available to provide such assurance)any other insured or additional insured; (viiii) contain a cross-liability endorsement that the insurer agrees not to cancel or severability of interest clause acceptable to Landlord; and (vii) with respect to alter the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof to Landlord on or before the Lease Commencement Date and policy without at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition prior written notice to all of its other rights and remedies under this Lease, and without regard additional insureds; (iv) that the aggregate liability applies solely to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, Premises and the cost thereof shall be paid to Landlord as Additional Rent within thirty remainder of the Building; and (30v) days after delivery of bills thereforthat Tenant’s insurance is primary and noncontributing with any insurance carried by Landlord.

Appears in 2 contracts

Sources: Sublease Agreement (Salesforce Com Inc), Sublease Agreement (Salesforce Com Inc)

Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) shall be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII A-VIII and shall be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and authorized to do business in the state in which the Project is locatedany other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 Tenant’s Property Insurance on any Tenant-Insured Improvements and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)trade fixtures. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. If Attached to the ▇▇▇▇▇ 25 (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached to the ▇▇▇▇▇ 28 (or equivalent) there shall be an endorsement designating Landlord as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements and trade fixtures, and each such endorsement shall be binding on Tenant’s insurance company. Upon Landlord’s request, Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, copies of the policies of insurance required to all of its other rights be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and remedies under this Lease, that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefortrade fixtures.

Appears in 2 contracts

Sources: Office Lease (Coherus BioSciences, Inc.), Office Lease (Digital Domain Media Group, Inc.)

Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) shall be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII A-VIII and shall be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and authorized to do business in the state in which the Project is locatedany other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 25-S” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. If Attached to the ▇▇▇▇▇ 25-S (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached to the ▇▇▇▇▇ 28 (or equivalent) there shall be an endorsement designating Landlord as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements, and each such endorsement shall be binding on Tenant’s insurance company. Upon Landlord’s request, Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, copies of the policies of insurance required to all of its other rights be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and remedies under this Lease, and without regard that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefor-Insured Improvements.

Appears in 2 contracts

Sources: Office Lease (Extend Health Inc), Office Lease (Extend Health Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: shall be issued on an occurrence basis and shall be (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide BEST'S INSURANCE GUIDE or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; and (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (vii) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if Landlord. In addition, the insurance company refuses to provide such assurance)described in Section 10.3.1 above shall (a) name Landlord, and any other party reasonably specified by Landlord, as an additional insured; (vib) specifically cover the liability assumed by Tenant under this Lease including, but not limited to, Tenant's obligations under Section 10.1 of this Lease; (c) be primary insurance as to all claims thereunder and provide that any insurance obtained by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (d) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date (or Tenant's entry into the Building pursuant to the Tenant Work Letter, if earlier) and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodscertificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof costs of it shall be paid to Landlord as Additional Rent within thirty fifteen (3015) days after delivery to Tenant of bills therefor. Tenant may satisfy the insurance coverage described in this Article 10 through one or more blanket policies so long as such policies otherwise meet the requirements specified above.

Appears in 2 contracts

Sources: Lease Option Agreement (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insurancenamed insured, including Landlord’s managing agent, if any; (ii) to the extent available in the market generally, specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A+:VIII or better in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof a certificate(s) evidencing such coverage to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificates, Landlord may, at its option, in addition option and if it is determined that Tenant has failed to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1maintain the required coverage, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. Tenant shall require any vendors or contractors that it shall hire to perform work/services on Premises to procure similar insurance, as required by Landlord of Tenant in this Lease including naming as additional insureds Landlord and any other party Landlord so specifies.

Appears in 2 contracts

Sources: Sublease Agreement (CrowdStrike Holdings, Inc.), Sublease Agreement (CrowdStrike Holdings, Inc.)

Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant and by Landlord under this Lease Section 10 shall in no event not limit such parties’ liability under the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII A-VIII; (ii) be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord Landlord; and authorized (iii) provide that it shall not be canceled or materially changed without 30 days’ prior notice to do business Landlord, except that 10 days’ prior notice may be given in the state in which the Project is locatedcase of nonpayment of premiums. Tenant’s Commercial General Liability Insurance shall (a) name Landlord, Landlord’s managing agent, and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) and “▇▇▇▇▇ 25-S” (Certificate of Liability Insurance) or the equivalent. If Attached to the ▇▇▇▇▇ 25-S there shall be an endorsement naming the Additional Insured Parties as additional insureds which shall be binding on Tenant’s insurance company and shall expressly require the insurance company to notify each Additional Insured Party in writing at least 30 days before any termination or material change to the policies, except that 10 days’ prior notice may be given in the case of nonpayment of premiums. Upon Landlord’s request, Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, copies of the policies of insurance required to all of its other rights and remedies be carried under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for 10.2 showing that the account of Tenant, and the cost thereof shall be paid to Landlord Additional Insured Parties are named as Additional Rent within thirty (30) days after delivery of bills thereforadditional insureds.

Appears in 2 contracts

Sources: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)

Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII A-VIII; (ii) be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord Landlord; and authorized (ii) provide that it shall not be canceled or materially changed without 30 days’ prior notice to do business Landlord, except that 10 days’ prior notice may be given in the state case of nonpayment of premiums. Tenant’s Commercial General Liability Insurance shall (a) name Landlord, Landlord’s managing agent, and any other party designated by Landlord to Tenant in which the Project is locatedwriting (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the Tenant’s Property insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) and “▇▇▇▇▇ 25-S” (Certificate of Liability Insurance) or the equivalent. If Attached to the ▇▇▇▇▇ 25-S (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insureds which shall be binding on Tenant’s insurance company and shall expressly require the insurance company to notify each Additional Insured Party in writing at least 30 days before any termination or material change to the policies, except that 10 days’ prior notice may be given in the case of nonpayment of premiums. Upon Landlord’s request, Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, redacted copies of the policies of insurance required to all of its other rights and remedies be carried under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for 14.01 showing that the account of Tenant, and the cost thereof shall be paid to Landlord Additional Insured Parties are named as Additional Rent within thirty (30) days after delivery of bills thereforadditional insureds.

Appears in 2 contracts

Sources: Office Lease Agreement (Akebia Therapeutics, Inc.), Office Lease Agreement (Akebia Therapeutics, Inc.)

Form of Policies. The minimum limits of policies and Tenant’s procurement and maintenance of insurance required of Tenant under this Lease such policies described in Section 14.1 shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed required by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) Article 14 shall be issued on an occurrence basis by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized solvent companies qualified to do business in the state State of California, and with a Best & Company rating of A:VIII or better. Any insurance policy under this Article 14 may be maintained under a “blanket policy,” insuring other parties and other locations, so long as the amount and coverage required to be provided hereunder is not thereby diminished. No policy maintained by Tenant under this Article 14 shall contain a deductible greater than Twenty-Five Thousand Dollars ($25,000.00). Tenant shall provide Landlord a certificate of each policy of insurance required hereunder certifying that the policies contain the provisions required. Tenant shall deliver such certificates to Landlord within thirty (30) days after the Lease Date, but in which no event later than the Project date that Tenant or any other Tenant Parties first enter the Premises and, upon renewal, not fewer than ten (10) days prior to the expiration of such coverage. In addition, Tenant shall deliver to Landlord a copy of each policy of insurance required hereunder upon Landlord’s request. All Tenant’s liability insurance shall provide (i) that Landlord, Landlord’s managing agent, any Encumbrancer, and any other person requested by Landlord, is locateddesignated as an additional insured without limitation as to coverage afforded under such policy pursuant to an endorsement providing coverage at least as broad as ISO form CG 20 37 10 01 or its equivalent; (ii) for severability of interests or that acts or omissions of one of the insureds or additional insureds shall not reduce or affect coverage available to any other insured or additional insured (if available); (iii) that the aggregate liability applies solely to the Project; and (iv) be that Tenant’s insurance is primary insurance as to all claims thereunder and provide that noncontributory with any insurance carried by Landlord is excess and is non-contributing with any Landlord. All Tenant’s insurance requirement of Tenant; (v) shall provide that said insurance shall the insurer agrees not be canceled or coverage changed unless to cancel the policy without at least thirty (30) days’ prior written notice to all additional insureds (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord give all additional insureds at least ten (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi10) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00days’ prior notice). Tenant shall deliver certificates thereof to notify Landlord on or before the Lease Commencement Date and at least thirty within ten (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (3010) days after delivery any material modification of bills thereforany policy of insurance required under this Article. Any self insurance or self insured retention provisions under, or with respect to, any insurance policies maintained by Tenant hereunder shall be subject to Landlord’s prior written approval, which Landlord may give or withhold in its sole discretion.

Appears in 2 contracts

Sources: Office Lease (iRhythm Technologies, Inc.), Office Lease (iRhythm Technologies, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, ▇▇▇▇▇▇▇▇’s lender, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including ▇▇▇▇▇▇▇▇’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) if commercially available in California, provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) business days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Sources: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenantreasonably specified by Landlord, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' (ten (10) days' in the event of nonpayment of premiums) prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, after delivery of five (5) days' notice to Tenant, at its Landlord's option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. If either party fails to carry the amounts and types of insurance required to be carried by it pursuant to this Lease, such failure shall be deemed to be a covenant and agreement by such party to self-insure with respect to the type and amount of insurance which such party so failed to carry, with full waiver of subrogation with respect thereto.

Appears in 2 contracts

Sources: Office Lease (Artistdirect Inc), Office Lease (Equity Marketing Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A /VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) to the extent consistent with industry custom and practice, provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Twenty Thousand Dollars ($100,000.0020,000.00). Tenant shall deliver such policies or certificates thereof to Landlord on or before the applicable Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor. Tenant shall have the right to carry the insurance required hereunder in the form of blanket and/or umbrella policies.

Appears in 2 contracts

Sources: Sublease (CARGO Therapeutics, Inc.), Sublease (CARGO Therapeutics, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary and noncontributory insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause form and content reasonably acceptable to Landlord; and (vii) with respect to . Tenant hereby agrees that in the event of any non-renewal or cancellation of the policies of insurance required in Sections 10.3.1herein, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant shall provide Landlord with notice of such cancellation immediately upon Tenant's first becoming aware of such cancellation or non-renewal. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Sources: Office Lease (Giga Tronics Inc), Office Lease (Giga Tronics Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord’s lender, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause form and content reasonably acceptable to Landlord; and (vii) with respect to . In the event that any insurance required in Sections 10.3.1of Tenant under the Lease is cancelled or modified, 10.3.2 and 10.3.4 abovethen, have deductible amounts not exceeding One Hundred Thousand Dollars within three ($100,000.00)3) business days’ of Tenant’s receipt of notice of cancellation or modification, Tenant shall give Landlord notice of such cancellation or modification. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Sources: Lease Agreement (Biomarin Pharmaceutical Inc), Lease Agreement (Biomarin Pharmaceutical Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such Tenant’s liability insurance shall: shall (i) name Landlord, Landlord’s lender and any other party it so specifies in writing to TenantLandlord’s managing agent, if any, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section SECTION 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedCommonwealth of Massachusetts; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed reduced unless thirty ten (3010) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof evidence of such coverage to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates time of any renewal thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementsevidence, within such time periodsincluding a certificate of insurance, Landlord may, at its option, in addition if Tenant fails to all provide evidence of its other rights and remedies under this Lease, and without regard to any such insurance within five (5) business days after notice and cure periods set forth in Section 19.1from Landlord, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) business days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Sources: Office Lease (Exact Sciences Corp), Sublease Agreement (Exact Sciences Corp)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of Washington; (iv) be primary and noncontributory insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Sources: Office Lease (Apptio Inc), Office Lease (Apptio Inc)

Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) shall be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII A-VIII and shall be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and authorized to do business in the state in which the Project is locatedany other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. If Attached to the ▇▇▇▇▇ 25 (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached to the ▇▇▇▇▇ 28 (or equivalent) there shall be an endorsement designating Landlord as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements, and each such endorsement shall be binding on Tenant’s insurance company and shall name Landlord as a “cancellation notice recipient”. Upon Landlord’s request, Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, copies of the policies of insurance required to all of its other rights be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and remedies under this Lease, and without regard that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefor-Insured Improvements.

Appears in 2 contracts

Sources: Office Lease (Ubiquiti Networks, Inc.), Office Lease (Ubiquiti Networks, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so the Landlord reasonably specifies in writing to Tenantwriting, as an additional insured with respect to the commercial general liability insuranceas their interests may appear using Insurance Service Organization’s form CG2011 or a comparable form approved by Landlord, including Landlord’s managing agent, ground lessor and/or lender, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized permitted to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant, as evidenced by an endorsement or policy excerpt; and (v) be in form and content reasonably acceptable to Landlord. Tenant shall endeavor to cause said insurance to provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice (ten (10) days’ in the event of non-payment of premium) shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof and applicable endorsements or policy excerpts which meet the requirements of this Article 10 to Landlord on or before (I) the earlier to occur of: (x) the Phase I Lease Commencement Date Date, and at least thirty (30y) the date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or any other move-in activities, and (II) ten (10) business days before after the expiration dates thereofrenewal of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates policies or certificate and applicable endorsements, within such time periods, Landlord may, at its option, in addition option with notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Sources: Lease Agreement (Dropbox, Inc.), Lease Agreement (Dropbox, Inc.)

Form of Policies. The minimum limits of policies of (a) All insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed be maintained by Tenant under this Lease, including, but Article VII shall be written in form and substance reasonably satisfactory to Landlord by insurance companies with general policy holder’s ratings of not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having less than A and a financial rating of not less than A–/VII Class XI as rated in the most recent available “Best’s Insurance Guide or which is otherwise acceptable to Landlord ’s” insurance reports, and authorized licensed to do business in the state State of Florida and authorized to issue such policies. Upon the failure of Tenant to procure, maintain and place such insurance and pay all premiums and charges therefor within fifteen (15) days after written demand by Landlord, Landlord may do so (but shall not be obligated to do so), and in which such event Tenant agrees to pay the Project is located; amount thereof to Landlord as additional rent within thirty (iv30) be primary days after demand. (b) All policies of insurance as to all claims thereunder and provide that any insurance carried procured by Landlord is excess and is non-contributing with any insurance requirement of Tenant; Tenant shall: (vi) provide that said insurance shall such policies may not be changed, amended, reduced, canceled (including for nonpayment of premium) or coverage changed unless allowed to lapse with respect to Landlord, except after at least thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if from the insurance company refuses to Landlord, sent by registered mail; (ii) provide that Tenant shall be solely responsible for the payment of all premiums under such assurance); policies and Landlord shall have no obligation for the payment thereof notwithstanding that Landlord is or may be named as an insured; (viiii) provide that the liability of the insurer thereunder shall not be affected by, and that the insurer shall not claim, any right of setoff, counterclaim, apportionment, proration, or contribution by reason of, any other insurance obtained by or for Landlord, Tenant, or any Person claiming by, through, or under any of them; (iv) contain no provision relieving the insurer from liability for loss occurring while the hazard to buildings, improvements and fixtures is increased, whether or not within the knowledge or control of, or because of any breach of warranty or condition or any other act or neglect by, Landlord, Tenant, or any Person claiming by, through, or under any of them; and (v) in the case of property insurance, contain a cross-liability endorsement standard mortgagee clause which shall (A) provide that any reference to a mortgagee in such policy shall mean and include all holders of mortgages of any interests in the Premises, in their respective order and preference as provided in their respective mortgages, (B) provide that such insurance as to the interest of any mortgagee shall not be invalidated by any act or severability neglect of interest clause acceptable to Landlord; , Tenant or any Person claiming by, through, or under any of them and (viiC) waive any provision invalidating such mortgagee clause by reason of the failure of any mortgagee, Landlord, Tenant, or any Person claiming by, through, or under any of them to notify the insurer of any hazardous use or vacancy, any requirement that any mortgagee pay any premium thereon, or any contribution clause. (c) On the Commencement Date, appropriate certificates, including evidence of the waivers of subrogation required pursuant to Section 7.6, shall be deposited by Tenant with respect Landlord. Any endorsements to the insurance required in Sections 10.3.1any such policies (or, 10.3.2 at Tenant’s election, appropriate certificates) shall also be so deposited upon issuance thereof and 10.3.4 aboveeach renewal or replacement of a policy (or, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant at Tenant’s election, appropriate certificates) shall deliver certificates thereof to Landlord on or before the Lease Commencement Date and be so deposited at least thirty (30) days before prior to the expiration dates thereof. If Tenant shall fail to procure of such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies policy. (d) Any property damage policies required under this LeaseArticle VII shall provide that any loss equal to or less than $5,500,000, adjusted for inflation, shall be payable to Tenant only and that the amount of any loss in excess of $5,500,000, adjusted for inflation, payable thereunder shall be adjusted with and payable to Landlord and Tenant, as their respective interests may appear. (e) All insurance required to be carried by Tenant pursuant to this Article VII shall name as an additional insured Landlord and any Permitted Leasehold Mortgagee, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall other Persons as may be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefordesignated by Landlord.

Appears in 2 contracts

Sources: Ground Lease, Ground Lease (Universal City Travel Partners)

Form of Policies. The minimum limits of policies of insurance required of Tenant and its agents/contractors under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, its subsidiaries and affiliates and any other party it the Landlord so specifies in writing to Tenant(collectively, the “Additional Insureds”), as an additional insured with respect to the commercial general liability insuranceinsured, as applicable, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of North Carolina; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord the Additional Insureds is excess and is non-contributing with any insurance requirement required of Tenant; (v) be in form and content reasonably acceptable to Landlord; (vi) be endorsed with waiver of subrogation endorsements in favor of the Additional Insureds; and (vii) provide that said insurance insurer shall not be canceled or coverage changed unless thirty (30) days’ prior endeavor to provide written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect , to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date Date, and (B) the date upon which Tenant is first provided access to the Premises, and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, policies or certificate within such time periodsten (10) days after written notice from Landlord, Landlord may, at its option, in addition option (upon notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant), procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. Landlord and the Additional Insureds will not be responsible for any deductibles or self-insured retentions related to any insurance under this Article 10.

Appears in 2 contracts

Sources: Lease Agreement (Heat Biologics, Inc.), Lease (Heat Biologics, Inc.)

Form of Policies. The minimum limits Tenant's insurance shall be issued by companies authorized to do business in the State of Nevada. Tenant shall have the right to provide insurance coverage pursuant to blanket policies of obtained by Tenant if the blanket policies expressly afford coverage required by this Section 14. All insurance policies required of to be carried by Tenant under this Lease (except for worker's compensation insurance) shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantreasonable number of parties designated by Landlord as additional insureds, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the as to liability assumed by Tenant under this Leasecoverages, includingbe written on an "occurrence" basis, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII provide that Landlord shall receive thirty (30) days notice from the insurer before any cancellation or change in Best’s Insurance Guide or which is otherwise acceptable to Landlord coverage, and authorized to do business in the state in which the Project is located; (iv) contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained. Each such policy shall contain a provision that such policy and the coverage evidenced thereby shall be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)any policies carried by Landlord. Tenant shall deliver certificates thereof reasonably satisfactory evidence of such insurance to Landlord on or before the Lease Commencement Date date Tenant first enters or occupies the Premises, and thereafter at least thirty (30) days before the expiration dates thereofof expiring policies. If Tenant shall fail to procure Notwithstanding the foregoing, if any such insurance, or to deliver such certificates and endorsements, within such time periodsinsurance expires without having been renewed by Tenant, Landlord may, at its shall have the option, in addition to all of its Landlord's other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies insurance for the account of Tenant immediately and without notice to Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery Rent. The limits of bills thereforthe insurance required under this Lease shall not limit liability of Tenant.

Appears in 2 contracts

Sources: Lease Agreement (Lawson Products Inc/New/De/), Real Estate Sales Contract (Lawson Products Inc/New/De/)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized qualified to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed so that it does not comply with the requirements of this Lease unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will Landlord, provided, however that this advance notice provision shall not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect apply to the insurance required annual renewal of policies in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)the ordinary course of business of the substitution of policies in the event of a change of control of Tenant. Tenant shall deliver certificates thereof evidencing such policies to Landlord on or before the Lease Commencement Date and at least thirty within ten (3010) business days before after the expiration dates thereof. If Further, Landlord shall have the right, from time to time, to request in writing copies of policies of Tenant’s insurance required hereunder, which Tenant shall thereafter provide within fifteen (15) business days. In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor, provided that Landlord shall provide written notice to Tenant, and with a copy of such notice addressed to “General Counsel”, at the Premises, at least ten (10) days in advance informing Tenant that Landlord is electing to procure such policies for the account of Tenant.

Appears in 2 contracts

Sources: Sublease Agreement (Oportun Financial Corp), Sublease Agreement (Oportun Financial Corp)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord’s lender, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of Utah; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Sources: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord’s lender, and any other party it Landlord so specifies in writing to Tenantspecifies, as an additional insured insured, including Landlord’s managing agent, if any (with respect to the commercial general liability insuranceTenant’s Commercial General Liability Insurance only); (ii) specifically cover the liability assumed by by-Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-11/11 in Best’s Insurance Guide or which is otherwise reasonably acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder arising within, on or about the Premises and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; (vi) contain a cross-liability endorsement or severability of interest clause reasonably acceptable to Landlord; and (vii) provide that said insurance shall not be canceled or coverage changed reduced below the amounts required herein unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver copies of such policies (or at Landlord’s option, certificates thereof thereof) to Landlord or Landlord’s designee on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Sources: Office Lease (Kinnate Biopharma Inc.), Office Lease (Kinnate Biopharma Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) for the general liability, auto liability, and contractual liability (if not included under the general liability policy), name Landlord, and any other party it parties the Landlord so specifies (including Landlord’s subsidiaries, Landlord’s property management company, Landlord’s asset management company, ▇.▇. ▇▇▇▇▇▇ Investment Management Inc. (“JPMIMI”), and, if requested by Landlord in writing to Tenantwriting, Landlord’s mortgagee), as an additional insured with respect to insureds (or, in the commercial general liability case of Tenant’s physical damage insurance, as additional loss-payees as their interests may appear); (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII or better in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California, aside from worker’s compensation; and (iviii) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing contributory when any policy issued to Landlord and Landlord’s property management company provides duplicate or similar coverage, and in such circumstance Landlord’s or Landlord’s property management company’s policies will be excess over Tenant’s policy(ies). Tenant shall provide Landlord (and any other parties Landlord has specified as additional insureds or additional loss-payees) with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless less than thirty (30) days’ prior written notice shall have been given of any cancellation of, termination of or material change to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required to be carried by Tenant hereunder, in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)the event Tenant receives such written notice. Tenant shall deliver certificates (including endorsements) thereof (and such other evidence satisfactory to Landlord on or before of the maintenance of such insurance) to Landlord prior to the Lease Commencement Date and at least thirty within ten (3010) days before after each renewal of said insurance. In the expiration dates thereof. If event Tenant shall fail to procure such insurance, or to deliver such certificates (and endorsementssuch other evidence satisfactory to Landlord of the maintenance of such insurance), Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may following delivery of written notice to Tenant of such failure and Tenant’s failure to cure the same within five (5) business days following Tenant’s receipt of such time periods, Landlord maynotice, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor, plus an administrative fee of five percent (5%) of such cost. Tenant shall require any vendors or contractors that it shall hire to perform work and/or services on the Premises to procure similar insurance, as required by Landlord of Tenant in this Lease, including naming as additional insureds or additional loss payees, as applicable, Landlord and its subsidiaries, Landlord’s property management company, Landlord’s asset management company, JPMIMI, and, if requested in writing by Landlord, Landlord’s mortgagee.

Appears in 2 contracts

Sources: Office Lease (Lyft, Inc.), Office Lease (Lyft, Inc.)

Form of Policies. The minimum limits Tenant’s insurance shall be issued by companies authorized to do business in the State of Ohio. Tenant shall have the right to provide insurance coverage pursuant to blanket policies of obtained by Tenant if the blanket policies expressly afford coverage required by this Section 14. All insurance policies required of to be carried by Tenant under this Lease (except for worker’s compensation insurance) shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantreasonable number of parties designated by Landlord as additional insureds, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the as to liability assumed by Tenant under this Leasecoverages, includingbe written on an “occurrence” basis, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII provide that Landlord shall receive ten (10) days notice before any cancellation or change in Best’s Insurance Guide or which is otherwise acceptable to Landlord coverage, and authorized to do business in the state in which the Project is located; (iv) contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained. Each such policy shall contain a provision that such policy and the coverage evidenced thereby shall be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)any policies carried by Landlord. Tenant shall deliver certificates thereof reasonably satisfactory evidence of such insurance to Landlord on or before the Lease Commencement Date Date, and thereafter at least thirty ten (3010) days before the expiration dates thereofof expiring policies. If Tenant shall fail to procure Notwithstanding the foregoing, if any such insurance, or to deliver such certificates and endorsements, within such time periodsinsurance expires without having been renewed by Tenant, Landlord may, at its shall have the option, in addition to all of its Landlord’s other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies insurance for the account of Tenant immediately and without notice to Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery Rent. The limits of bills thereforthe insurance required under this Lease shall not limit liability of Tenant.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Zulily, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: The Commercial General Liability shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insurancenamed insured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Tenant, and Tenant shall promptly notify Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if of the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)same. Tenant shall deliver said certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and endorsements, within such time periodsfive (5) days of Landlord’s request, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Sources: Consent to Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies that has a material financial interest in writing to Tenantthe Project, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant’s failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Sources: Office Lease (Dexcom Inc), Office Lease (Memec Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord’s lender, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) if commercially available in California, provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) business days after delivery to Tenant of bills therefor.

Appears in 2 contracts

Sources: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name LandlordLandlord Parties, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which State where the Project Building is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided of which Landlord provides Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)written notice. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. Tenant shall have the right to provide the casualty insurance required by this Article 10 pursuant to blanket policies, but only if such blanket policies expressly provides, on a per occurrence basis, that a loss that relates to any other location does not impair or reduce the level of protection available for the Premises below the amount required by this Lease. Tenant may not self-insure against any risks required to be covered by insurance provided by Tenant hereunder without Landlord’s prior written consent but Tenant’s insurance coverages may include risk retention or deductible amounts commercially reasonable in light of Tenant’s business and comparable to similar tenants in comparable buildings in the area in which the Building is located. Tenant has the right to satisfy Tenant’s obligation to carry liability insurance with an umbrella insurance policy if such umbrella insurance policy contains an aggregate per location endorsement that provides the required level of protection for the Premises.

Appears in 2 contracts

Sources: Office Lease (Xenith Bankshares, Inc.), Office Lease (Xenith Bankshares, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:X in A.M. Best’s Insurance 's Rating Guide or which is otherwise acceptable to Landlord and authorized Landlord, licensed to do business in the state in which the Project Building is located, and domiciled in the United States; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement required of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor.

Appears in 2 contracts

Sources: Sublease Agreement (Biotime Inc), Office Lease (Avigen Inc \De)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies that has a material financial interest in writing to Tenantthe Project, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (Landlord, the identity of whom has been provided to Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)writing. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty fifteen (3015) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition after written notice to all of its other rights Tenant and remedies under this Lease, and without regard Tenant's failure to any notice and cure periods set forth in Section 19.1obtain such insurance within five (5) days thereafter, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Sources: Sublease Agreement (Affymetrix Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name LandlordLandlo1·d, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s Te11ant's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A - X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-non - contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Commenceme11t Date and at least thirty (30) days before prior to the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver deliver· such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition upon at least ten (10) days prior notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.. 10.5

Appears in 1 contract

Sources: Office Lease (Allied Esports Entertainment, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) with respect to the commercial general liability insurance, name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A- VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project Building is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed reduced unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof Certificates of Insurance evidencing coverage as required within this lease to Landlord on or before the Lease Commencement Date and at least thirty five (305) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1herein, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery by Landlord of bills to Tenant therefor.

Appears in 1 contract

Sources: Office Lease (Yelp! Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantthe parties specified on Exhibit G attached hereto, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company (a) having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized Landlord, (b) licensed to do business in the state State of California, and (c) domiciled in which the Project is locatedUnited States; (iv) with respect to the commercial general liability insurance described in Section 10.3.1 above, be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord Landlord; and (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (viiv) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Insurance Start Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodscertificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof costs of such policies (and any other costs incurred and/or damages suffered by Landlord in connection with Tenant’s failure to procure such insurance) shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. Tenant shall have the right to provide insurance coverage which it is obligated to carry pursuant to the terms of this Article 10 in a blanket policy, provided such blanket policy expressly affords coverage to the Premises and to Landlord as required by this Lease.

Appears in 1 contract

Sources: Office Lease (Capitol Investment Corp. V)

Form of Policies. The minimum policies required to be maintained by Tenant pursuant to Paragraphs 8.2(a), (b), (c), (d), (e), and (f) above shall be with companies having a Best Insurance Guide rating of A- VII or better and be on forms, with deductible amounts (if any), and loss payable clauses (as to the insurance referred to in Paragraph 8.2(a) applicable to leasehold improvements installed by Tenant as Tenant’s sole cost) reasonably satisfactory to Landlord, shall include Landlord and the beneficiary or mortgagee of any deed of trust or mortgage encumbering the Premises and/or the Land as additional insureds (with regard to the insurance described in Paragraphs 8.2 and loss payees (with regard to the insurance described in Paragraphs 8.2(a), (c) and (f), and shall provide that such parties may, although additional insureds or loss payees, recover for any loss suffered by the negligence of Tenant or any Tenant Related Parties subject to Paragraph 8.6 of this Lease. Certificates of insurance for the policies to be required by Tenant to include additional insured endorsements shall be delivered to Landlord prior to the Commencement Date; a new policy or certificate shall be delivered to Landlord prior to the expiration date of the old policy. Tenant shall have the right to provide insurance coverage which it is obligated to carry pursuant to the terms hereof in a blanket policy, provided such blanket policy expressly affords coverage to the Premises and Common Area and to Tenant as required by this Lease. Tenant shall endeavor in good faith to provide Landlord and any beneficiary or mortgagee of a deed of trust or mortgage encumbering the Premises and/or the Land in writing of any delinquency in premium payments and at least ten (10) days prior to any cancellation or material modification of any policy. Tenant’s policies shall provide coverage on an occurrence basis and not on a claims made basis. In no event shall the limits of any policies of insurance required of maintained by Tenant under this Lease shall in no event limit be considered as limiting the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefor.

Appears in 1 contract

Sources: Net Lease Agreement (Bloom Energy Corp)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; and (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (vii) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if Landlord. In addition, the insurance company refuses to provide such assurance)described in Section 10.3.1 above shall (a) name Landlord, and any other party specified by Landlord, as an additional insured; (vib) specifically cover the liability assumed by Tenant under this Lease including, but not limited to, Tenant's obligations under Section 10.1 of this Lease; (c) be primary insurance as to all claims thereunder and provide that any insurance required by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (d) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver all policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Sources: Office Lease (Central Coast Bancorp)

Form of Policies. Tenant may carry the insurance required to be carried by Tenant hereunder under a blanket policy of insurance that covers other locations where Tenant conducts business, provided that such blanket policy shall be endorsed to specifically cover the Premises and shall provide the same amount and types of coverage for the Premises and Tenant's activities in the Project that would be provided by a separate policy meeting the requirements of this Article 10. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insurancenamed insured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Tenant (and Tenant shall immediately provide Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (viwith notice thereof.) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof of such policy or policies to Landlord on or before the Lease Commencement Date and at least thirty fifteen (3015) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificates, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Sources: Office Lease (Wageworks, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifics, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably approved by Landlord prior to the execution of this Lease; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given by Tenant to Landlord and any mortgagee or ground or underlying lessor mortgage of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the . No insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have to be maintained by Tenant by this Article 10 will be subject to any deductible amounts not exceeding One Hundred Thousand Dollars (greater than $100,000.00)50,000 without Landlord’s prior written consent. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Notwithstanding the above, Tenant may fulfill (a) up to $4,000,000 of its insurance obligations under Section 10.3.1 above and (b) its insurance obligations under Section 10.3.2 above, through “blanket” or “umbrella” insurance coverages and/or policies subject to Landlord’s reasonable requirements in connection therewith. In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Sources: Office Lease (Internet Brands, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveabove (to the extent generally available in such coverage); (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty ten (3010) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide that such assuranceprovision is commercially available); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Fifty Thousand Dollars ($100,000.0050,000.00). Tenant shall deliver such policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor. Tenant shall have the right to carry the insurance required hereunder in the form of blanket and/or umbrella policies.

Appears in 1 contract

Sources: Lease (Poseida Therapeutics, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveabove (to the extent generally available in such coverage); (iii) be issued by an insurance company having a rating of not less than A–/VII in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) to the extent reasonably available based on then insurance industry custom and practices, provide that said insurance shall not be canceled or coverage changed unless thirty ten (3010) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide that such assuranceprovision is commercially available); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Fifty Thousand Dollars ($100,000.0050,000.00). Tenant shall deliver such policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty five (305) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor. Tenant shall have the right to carry the insurance required hereunder in the form of blanket and/or umbrella policies.

Appears in 1 contract

Sources: Lease (Tocagen Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) be an occurrence policy (or policies); (ii) name Landlord, the Project or Building manager or managers, and any other party it so specifies having an interest in writing to Tenant, the Project as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveinsured; (iii) be issued by an insurance company having a rating General Policyholders Rating of not less than A–/VII B+ or better and a financial size of "VI" or better, as set forth in the most current issue of Best’s Insurance Guide 's Rating Guide, or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedCalifornia; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing noncontributing with any insurance requirement required of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ days prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord's; and (vi) with respect to the liability insurance described in Section 12.2.1, contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; . Any insurance policies required hereunder may be part of a blanket policy with a "per project, per location" endorsement so long as such blanket policy contains all provisions required hereby and (vii) with respect to does not reduce the insurance required in Sections 10.3.1coverage, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)impair the rights of either party or negate the requirements of this Lease. Tenant shall deliver said policy or policies or certificates thereof thereof, together with any endorsements reflecting the changes to the policy required to comply with the requirements of this Lease, to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereofdate of such policies. If In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and appropriate endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof plus a ten percent (10%) handling charge shall be paid by Tenant to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Sources: Lease Agreement (Viasat Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates (including endorsements) thereof to Landlord on or before the Lease Commencement Date and at least thirty twenty (3020) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition option and upon ten (10) day prior written notice to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. Subrogation. Landlord and Tenant intend that their respective property loss risks shall be borne by reasonable insurance carriers to the extent above provided, and Landlord and Tenant hereby agree to look solely to, and seek recovery only from, their respective insurance carriers in the event of a property loss to the extent that such coverage is agreed to be provided hereunder. The parties each hereby waive all rights and claims against each other for such losses, and waive all rights of subrogation of their respective insurers, provided such waiver of subrogation shall not affect the right of the insured to recover thereunder. The parties agree that their respective insurance policies are now, or shall be, endorsed such that the waiver of subrogation shall not affect the right of the insured to recover thereunder, so long as no material additional premium is charged therefore.

Appears in 1 contract

Sources: Office Lease (Tekelec)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A IX in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project Building is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice Notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Rent Commencement Date and thereafter Tenant shall endeavor to deliver to Landlord certificates of insurance evidencing Tenant’s insurance coverage at least thirty (30) days before prior to the expiration dates thereofof any such policy and shall deliver such certificate, in any event, not less than two (2) Business Days prior to such expiration date. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodsthereof, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Sources: Lease (Beyond Meat, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of Arizona; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and shall deliver a renewal policy or renewal certificate thereof to Landlord at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Sources: Office Lease (Nextcard Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, its officers, directors and any employees, Landlord's property manager, and all other party it so specifies in writing to Tenant, persons and/or entities as an reasonably directed by Landlord as additional insured with respect to the commercial general liability insuranceinsureds (hereinafter "Additional Insureds"); (ii) specifically cover cover, including any Additional Insured endorsements, the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease, using Insurance Service Organization's form 2010 1185 or a comparable form approved by Landlord; (iii) if Tenant uses a Blanket Additional Insured Form, such form shall not exclude any Additional Insured from coverage because they are not a party to this Lease; (iv) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (ivv) other than with respect to Worker's Compensation coverage, be primary and non-contributory insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (vvi) provide that said insurance shall not be canceled or coverage changed unless thirty ten (3010) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assuranceexcept for cancellation for non-payment of premium); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the Tenant's commercial general liability coverage (including Additional Insured endorsements, and primary and non-contributory endorsements), property insurance required and Worker's Compensation and Employer's Liability coverage shall include a waiver of subrogation endorsement in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)favor of Landlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.. 788288.01/WLA 375755-00007/8-9-18//ejw -23- C▇▇▇▇▇▇ HIGHLINE 1▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ [Building 2] Roku, Inc.

Appears in 1 contract

Sources: Office Lease (Roku, Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies the Landlord reasonably specifies, in writing to Tenantwriting, as an additional insured with respect to the commercial general liability insuranceinsured, including L▇▇▇▇▇▇▇’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or, at Tenant’s option, certificates (including endorsements) thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition within live (5) days following written notice from Landlord to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Sources: Office Lease (LoopNet, Inc.)

Form of Policies. The minimum limits of policies of insurance required of to be carried by Tenant under this Lease shall in no event not limit the liability of Tenant under this LeaseTenant’s liability. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a that has an A.M. Best rating of not less than A–/VII A-VIII and a certificate of authority issued by the California Insurance Commissioner; (ii) be in Best’s Insurance Guide or which is otherwise form and content reasonably acceptable to Landlord Landlord; and authorized (iii) provide that it shall not be canceled or materially changed without 30 days’ prior notice to do business Landlord, except that 10 days’ prior notice may be given in the state in which the Project is locatedcase of nonpayment of premiums. Tenant’s Commercial General Liability Insurance shall (a) name Landlord, Landlord’s managing agent, and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (ivb) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance ’s insurance. Landlord shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain designated as a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) loss payee with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver certificates thereof to Landlord Landlord, on or before the Lease Commencement Date and at least thirty (30) 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) and “▇▇▇▇▇ 25-S” (Certificate of Liability Insurance) or the equivalent. If Attached to the ▇▇▇▇▇ 25-S there shall be an endorsement naming the Additional Insured Parties as additional insureds which shall be binding on Tenant’s insurance company and shall expressly require the insurance company to notify each Additional Insured Party in writing at least 30 days before any termination or material change to the policies, except that 10 days’ prior notice may be given in the case of nonpayment of premiums. Upon Landlord’s request, Tenant shall fail deliver to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionLandlord, in addition lieu of such certificates, copies of the policies of insurance required to all of its other rights and remedies be carried under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for 10.2 showing that the account of Tenant, and the cost thereof shall be paid to Landlord Additional Insured Parties are named as Additional Rent within thirty (30) days after delivery of bills thereforadditional insureds.

Appears in 1 contract

Sources: Office Lease (Optimer Pharmaceuticals Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such Tenant's liability insurance shall: shall (i) name Landlord, Landlord's lender and any other party it so specifies in writing to TenantLandlord's managing agent, if any, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) be written on occurrence form, and specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section SECTION 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedCommonwealth of Massachusetts; (iv) be primary insurance to the extent covering claims for which Tenant is required to indemnify Landlord pursuant to SECTION 10.2 and as to all claims thereunder arising within the Premises and/or the Building, and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed reduced unless thirty ten (3010) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof evidence of such coverage to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates time of any renewal thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementsevidence, within such time periodsincluding a certificate of insurance, 36 Landlord may, at its option, in addition if Tenant fails to all provide evidence of its other rights and remedies under this Lease, and without regard to any such insurance within five (5) business days after notice and cure periods set forth in Section 19.1from Landlord, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Sources: Office Lease (Cytyc Corp)

Form of Policies. The minimum limits of policies and T▇▇▇▇▇’s procurement and maintenance of insurance required of Tenant under this Lease such policies described in Section 14.1 above shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed required by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) Article 14 shall be issued on an occurrence basis by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized solvent companies qualified to do business in the state State of California, and with a Best & Company rating of A-:VIII or better. Any insurance policy under this Article 14 may be maintained under a “blanket policy” insuring other parties and other locations, so long as the amount and coverage required to be provided hereunder is not thereby diminished. No policy maintained by Tenant under this Article 14 shall contain a deductible which is not commercially reasonable. Tenant shall provide Landlord a certificate of each policy of insurance required hereunder upon reasonable written demand by Landlord evidencing that the policies contain the provisions required. Tenant shall deliver such certificates to Landlord within thirty (30) days after the Commencement Date. All of Tenant’s liability insurance shall provide (i) that Landlord, L▇▇▇▇▇▇▇’s managing agent and any Encumbrancer designated in which writing by Tenant or Landlord, or any other entity with an interest in the Project as reasonably requested by Landlord, is locateddesignated as an additional insured as to coverage afforded under such policy pursuant to an endorsement providing coverage at least as broad as ISO form CG 20 26 10 01 or its equivalent; (ivii) be for severability of interests or that acts or omissions of one of the insureds or additional insureds shall not reduce or affect coverage available to any other insured or additional insured (if available); and (iii) that Tenant’s insurance is primary insurance as to all claims thereunder and provide that noncontributory with any insurance carried by Landlord is excess and is non-contributing with any insurance requirement Landlord. Tenant shall use commercially reasonable efforts to endeavor to cause all of Tenant; (v) ’s insurance to provide that said insurance shall the insurer agrees not be canceled or coverage changed unless to cancel the policy without at least thirty (30) days’ prior written notice to all additional insureds (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord give all additional insureds at least ten (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi10) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00days’ prior notice). Tenant shall deliver certificates thereof to notify Landlord on or before the Lease Commencement Date and at least thirty within ten (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (3010) days after delivery any material modification of bills thereforany policy of insurance required under this Article. Any self insurance or self insured retention provisions under, or with respect to, any insurance policies maintained by Tenant hereunder shall be subject to Landlord’s prior written approval, not to be unreasonably withheld, conditioned or delayed.

Appears in 1 contract

Sources: Office Lease (Zynga Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, Landlord’s lenders, the lessors of a ground or underlying lease with respect to the Real Property and any other party it Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project Real Property is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 10.3.2, 10.3.4 and 10.3.4 10.3.5 above, have deductible amounts not exceeding One Hundred Five Thousand Dollars ($100,000.005,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor.

Appears in 1 contract

Sources: Office Lease (Riverbed Technology, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord's lender, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:X in Best’s 's Insurance S:\PFG\Castlight Health Lease\Lease_RV11.docx: 5/6/15 Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause form and content reasonably acceptable to Landlord; and (viivi) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred to exceed Five Thousand Dollars ($100,000.005,000). Tenant shall deliver certificates thereof of such policies to Landlord on or before the Lease Commencement Date and and, thereafter, at least thirty (30) days before the expiration dates thereof. If Tenant shall provide notice to Landlord thirty (30) days prior to any cancellation or material change in coverage of such insurance. In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementscertificate, within three (3) business days after notice of such time periodsfailure from Landlord, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Sources: Office Lease (Castlight Health, Inc.)

Form of Policies. The minimum limits Tenant shall, throughout the Lease Term, at its own expense, keep and maintain in full force and effect the following policies, each of policies of insurance required of Tenant under this Lease which shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing be endorsed as needed to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any the insurance afforded by these policies. is primary and that all insurance carried by Landlord is strictly excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance secondary and shall not be canceled or coverage changed unless thirty contribute with Tenant's liability insurance: (30a) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor A policy of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain commercial general liability insurance, including a cross-contractual liability endorsement covering Tenant's obligations under the paragraph captioned "INDEMNIFICATION", insuring against claims of bodily injury and death or severability property damage or loss with a combined single limit at the Commencement Date of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts this Lease of not exceeding less than One Hundred Thousand Million Dollars ($100,000.00). Tenant 1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate, which limit shall deliver certificates thereof to Landlord on or before be reasonably increased during the Lease Commencement Date Term at Landlord's request to reflect both increases in liability exposure arising from inflation as well as from changing use of the Premises or changing legal liability standards, which policy shall be payable on an "occurrence" rather than a "claims made" basis, and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates which policy identifies Landlord and endorsements, within such time periods, Landlord mayManager and, at its optionLandlord's request, Landlord's mortgage lender(s) or investment advisors, as additional named insureds; (b) A policy of extended property insurance (what is commonly called "all risk") covering Tenant's Improvements and Tenant's Alterations, furniture, fixtures, equipment, inventory, and other personal property located on the Premises for one hundred percent (100%) of the current replacement value of such property; (c)Business interruption insurance in addition an amount sufficient to cover costs, damages, lost income, expenses, Base Rent, Additional Rent and all of its other rights and remedies sums payable under this Lease, should any or all of the Premises not be usable for a period of up to twelve (12) months; (d)A policy of worker's compensation insurance as required by law and without regard to any notice employer's liability insurance with limits of no less than One Million Dollars ($1,000,000); and cure periods set forth in Section 19.1(e)A policy of comprehensive automobile liability insurance, procure such policies for the account of Tenantincluding loading and unloading, and the cost thereof shall be paid to Landlord as Additional Rent within thirty covering owned, non-owned and hired vehicles, with limits of no less than One Million Dollars (30$1,000,000) days after delivery of bills thereforper occurrence.

Appears in 1 contract

Sources: Industrial Lease (Oakley Inc)

Form of Policies. The minimum limits Tenant shall, throughout the Lease Term, at its own expense, keep and maintain in full force and effect the following policies, each of policies of insurance required of Tenant under this Lease which shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing be endorsed as needed to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any the insurance afforded by these policies is primary and that all insurance carried by Landlord is strictly excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance secondary and shall not be canceled or coverage changed unless thirty contribute with Tenant's liability insurance: (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor a A policy of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain commercial general liability insurance, including a cross-contractual liability endorsement covering Tenant's obligations under the paragraph captioned "INDEMNIFICATION", insuring against claims of bodily injury and death or severability property damage or loss with a combined single limit at the Commencement Date of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts this Lease of not exceeding One Hundred Thousand less than Two Million Dollars ($100,000.00). Tenant 2,000,000.00) per occurrence, which limit shall deliver certificates thereof to Landlord on or before be reasonably increased during the Lease Commencement Date Term at Landlord's reasonable request to reflect both increases in liability exposure arising from inflation as well as from changing use of the Premises or changing legal liability standards, which policy shall be payable on an :occurrence" rather than a "claims made" basis, and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates which policy identifies Landlord and endorsements, within such time periods, Landlord mayManager and, at its optionLandlord's request, Landlord's mortgage lender(s) or investment advisors, as additional named insureds; (b A policy of extended property insurance (what is commonly called "all risk") covering Tenant's Improvements and Tenant's Alterations, furniture, fixtures, equipment, inventory, and other personal property located on the Premises for one hundred percent (100%) of the current replacement value of such property; (c Business interruption insurance in addition an amount sufficient to cover costs, damages, lost income, expenses, Base Rent, Additional Rent and all of its other rights and remedies sums payable under this Lease, should any or all of the Premises not be usable for a period of up to twelve (12) months; (d A policy of worker's compensation insurance as required by law and without regard to any notice employer's liability insurance with limits of no less than One Million Dollars ($1,000,000); and cure periods set forth in Section 19.1(e A policy of comprehensive automobile liability insurance, procure such policies for the account of Tenantincluding loading and unloading, and the cost thereof shall be paid to Landlord as Additional Rent within thirty covering owned, non-owned and hired vehicles, with limits of no less than One Million Dollars (30$1,000,000) days after delivery of bills thereforper occurrence.

Appears in 1 contract

Sources: Industrial Lease Agreement (Childrens Place Retail Stores Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: required of Tenant may be subject to standard deductibles. All insurance shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state State of California; and (ii) provide that said insurance shall not be canceled or coverage changed in a manner which may be adverse to Landlord unless ten (10) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord of which Tenant has at least ten (10) days’ prior notice. In addition, the insurance described in Section 7.3.1 shall (a) name Landlord, and any other party related to the Project is locatedspecified by Landlord, as an additional insured; (ivb) specifically cover the liability assumed by Tenant under this Lease including, but not limited to, Tenant’s obligations under Section 7.1 of this Lease (but only to the extent that such coverage is typically afforded by a typical liability policy); and (c) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)extent of losses arising out of the acts or omissions of Tenant. Tenant shall deliver certificates thereof of all policies to Landlord on or before the Lease Commencement Date and at least thirty (30) days proof of continuation of coverage before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition (i) deny Tenant the right to all of its other rights and remedies under this Leaseoccupy the Premises until such time as Tenant delivers such policies or certificate (which denial shall have no effect upon the Lease Commencement Date), and without regard or (ii) upon at least ten (10) days’ prior notice to any notice and cure periods set forth in Section 19.1Tenant, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Sources: Office Lease (Health Net Inc)

Form of Policies. The minimum limits of policies of insurance ---------------- required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenant(if such party has an insurable interest), as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease to the extent consistent with commercially standard policies of such insurance coverage,; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage materially changed unless thirty ten (3010) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Sources: Lease (Diversa Corp)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project Building is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor.

Appears in 1 contract

Sources: Office Lease (Medstrong International Corp)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this LeaseLease and Landlord makes no representation or guaranty that the insurance required under this Lease shall be sufficient or adequate to protect Tenant. Such All insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of Oregon; and (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (vii) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the other additional insureds thereunder designated by Landlord. In addition, the insurance company refuses to provide such assurance)described in Section 10.2.1 above shall (a) name Landlord, any mortgage holder and any other party specified by Landlord, as an additional insured; (vib) specifically cover the liability assumed by Tenant under this Lease including, but not limited to, Tenant’s obligations under Section 10.1 of this Lease; (c) be primary insurance as to all claims thereunder and provide that any insurance required by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (d) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; . The insurance described in Section 10.2.2 shall name Landlord, Landlord’s property manager and any lender specified by Landlord as loss-payee as to all items referred to in clause (viiii) with respect to of Section 10.2.2 and the insurance required described in Sections 10.3.1, 10.3.2 10.2.2 and 10.3.4 above, 10.2.3 shall have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)deductibles reasonably acceptable to Landlord. Tenant shall deliver all policies or certificates thereof to Landlord on or before Landlord’s delivery of the Premises to Tenant or the Lease Commencement Date Date, whichever first occurs, and at least thirty (30) days before the expiration dates thereof. If All certificates shall provide that such insurance will not be cancelled (or materially changed) without at least thirty (30) days’ prior written notice (ten (10) days for nonpayment of premiums) to Landlord. The words “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted from the certificate form’s cancellation provision. Failure of Landlord to demand such certificate or other evidence of full compliance with these insurance requirements or failure of Landlord to identify a deficiency from evidence that is provided shall not be construed as a waiver of Tenant’s obligation to maintain such insurance. In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within Landlord may deny Tenant the right to occupy the Premises until such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, as Tenant makes such deliveries (which denial shall have no effect upon the Lease Commencement Date) and/or procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of the bills therefor.

Appears in 1 contract

Sources: Office Lease (Planar Systems Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) (A) with respect to Tenant's liability insurance, name Landlord, and any other party it so specifies that has an interest in writing to Tenantthe Real Property, Building or Premises, as an additional insured insured, and (B) with respect to the commercial general liability insurancePhysical Damage Insurance described in Section 10.3.2(ii) above, Landlord and such other parties as loss payees, as their respective interests may appear; (ii) with respect to Tenant's Commercial General Liability Insurance described in Section 10.3.1 above, specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project Real Property is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or the terms of coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee other additional insured or ground or underlying lessor of Landlord (provided loss payee for which Tenant will not be in default if the insurance company refuses to provide has been given an address for such assurance)notice; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.1 and 10.3.2 and 10.3.4 above, have -23- deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)25,000.00. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills therefor.

Appears in 1 contract

Sources: Office Lease (Websense Inc)

Form of Policies. The minimum limits of policies of insurance required ---------------- of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it the Landlord so specifies in writing to Tenant(if such party has an insurable interest), as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease to the ------------ extent consistent with commercially standard policies of such insurance coverage,; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage materially changed unless thirty ten (3010) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Sources: Lease (Diversa Corp)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, its subsidiaries and affiliates and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceor loss payee, as applicable, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:VIII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement required of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause form and content reasonably acceptable to Landlord; and (viivi) with respect provide that said insurer shall endeavor to provide written notice to Landlord and any mortgagee of Landlord, to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)extent such names are furnished to Tenant prior to the cancellation of such policy. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the earlier to occur of (A) the Lease Commencement Date Date, and (B) the date upon which Tenant is first provided access to the Premises, and at least thirty ten (3010) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, policies or certificate within such time periodsten (10) days after written notice from Landlord, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Sources: Lease Agreement (Kalobios Pharmaceuticals Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such All insurance shall: shall be issued on an occurrence basis and shall be (i) name Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s Insurance Guide BEST'S INSURANCE GUIDE or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; and (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (vii) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if Landlord. In addition, the insurance company refuses to provide such assurance)described in Section 10.3.1 above shall (a) name Landlord, and any other party reasonably specified by Landlord, as an additional insured; (vib) specifically cover the liability assumed by Tenant under this Lease including, but not limited to, Tenant's obligations under Section 10.1 of this Lease; (c) be primary insurance as to all claims thereunder and provide that any insurance obtained by Landlord is excess and is non-contributing with any PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] insurance requirement of Tenant; and (d) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date (or Tenant's entry into the Building pursuant to the Tenant Work Letter, if earlier) and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodscertificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof costs of it shall be paid to Landlord as Additional Rent within thirty fifteen (3015) days after delivery to Tenant of bills therefor. Tenant may satisfy the insurance coverage described in this Article 10 through one or more blanket policies so long as such policies otherwise meet the requirements specified above.

Appears in 1 contract

Sources: Office Lease (Peregrine Systems Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) to the extent consistent with industry custom and practice, provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Twenty Thousand Dollars ($100,000.0020,000.00). Tenant shall deliver such policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor. Tenant shall have the right to carry the insurance required hereunder in the form of blanket and/or umbrella policies.

Appears in 1 contract

Sources: Lease (Fluidigm Corp)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord's lender, the Landlord Parties, and any other party it the Landlord so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-:VIII in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord or the Landlord Parties is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses form and content reasonably acceptable to provide such assurance)Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to the insurance required in Sections 10.3.1, 10.3.2 Landlord and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)any mortgagee of Landlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Sources: Office Lease (Collectors Universe Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an loss payees or additional insured with respect insureds, as their respective interests may appear (for the insurance to the commercial general liability insurancebe provided under Sections 10.3.1 and 10.3.2(ii) above, only); (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VIII in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedCalifornia; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-cross- liability endorsement or severability of interest clause reasonably acceptable to Landlord; and (vii) except with respect to property damage insurance (which shall be governed by the insurance required provisions of Section 10.4 below), contain a waiver of subrogation in Sections 10.3.1, 10.3.2 favor of Landlord and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars any other parties designated by Landlord from time to time as additional insured pursuant to clause ($100,000.00)i) hereinabove. Tenant shall deliver such policies or certificates thereof to Landlord on or before the Lease Commencement Insurance Start Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.119.1 below, procure such policies for the account of Tenant, and the cost thereof shall be paid by Tenant to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor. At Tenant's option, Tenant may provide the coverages required under this Article 10 through blanket policies of insurance covering Tenant's other properties so long as the coverage required under this Lease with respect to the Premises and Project is not reduced or impaired as a result thereof (including as a result of any claims made or aggregate limits with respect to such other properties).

Appears in 1 contract

Sources: Office Lease (Sierra Oncology, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, Landlord Parties, L▇▇▇▇▇▇▇’s mortgagee, and any other party it so specifies in writing to TenantLandlord specifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in AM Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedCalifornia; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-non- contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; (vi) contain a cross-liability endorsement severability or severability separation of interest insureds clause reasonably acceptable to Landlord; (vii) if the policy contains a cross suits exclusion, there shall be an exception for additional insureds, or the exclusion should be limited to named insured versus named insured only; and (viiviii) with respect to the insurance required in Sections 10.3.1, 10.3.1 and 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Twenty-Five Thousand Dollars ($100,000.0025,000.00). Tenant shall deliver such policies or certificates thereof to Landlord on or before the Lease Commencement Insurance Start Date and at least thirty five (305) business days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementspolicies or certificate, within such time periods, then Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor. Tenant shall have the right to provide insurance coverage which it is obligated to carry pursuant to the terms of this Lease under an umbrella and/or blanket insurance policy, provided such umbrella and/or blanket policy expressly affords coverage for the Premises and Landlord, as required by this Lease.

Appears in 1 contract

Sources: Lease Agreement (Netgear, Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, Landlord’s Building manager(s) and/or the managers(s) of the Project and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-XII in Best’s Insurance Guide or which is otherwise reasonably acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed below the amounts required hereunder unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Landlord and Tenant shall fail have the right to procure such insurance, or to deliver such certificates and endorsements, within such time periods, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods cover their respective insurance requirements set forth in Section 19.1this Article 10 pursuant to a “blanket” coverage, procure provided that the amounts (based upon allocations of such umbrella policy) and other conditions required to be satisfied by the terms of this Article 10 are satisfied by such coverage and provided, further, that, to the extent the Project is not owned (meaning at least a 50% ownership interest) by or is not controlled by or under common control with an EOP Affiliate, the deductibles under Landlord’s insurance policies for the account do not exceed deductibles generally carried by institutional landlords of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery of bills thereforComparable Buildings.

Appears in 1 contract

Sources: Office Lease (Electronic Arts Inc)

Form of Policies. The minimum limits of All insurance policies of insurance required of to be carried ---------------- by Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, and any other party it so specifies be written by companies rated A8 or better in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII in "Best’s 's Insurance Guide or which is otherwise acceptable to Landlord Guide" and authorized to do business in the state in which the Project is located; California, (ii) name Landlord, SENTRE Partners, Inc. and any other parties designated by Landlord as additional insureds, (iii) as to liability coverages, be written on an "occurrences" basis, and (iv) provide that Landlord shall receive at least thirty (30) days notice from the insurer before any cancellation or change in coverage. Each such policy shall contain a provision that such policy and the coverage evidenced thereby shall be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance. Any deductible amounts under any insurance requirement of Tenant; policies required hereunder shall be subject to Landlord's prior written approval (v) provide that said insurance which shall not be canceled or coverage changed unless thirty (30unreasonably withheld) days’ prior written notice and in any event Tenant shall have been given to Landlord and be liable for payment of same in the event of any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)casualty. Tenant shall deliver certificates thereof reasonably satisfactory evidence of such insurance to Landlord on or before the Lease Commencement Date Date, and thereafter at least thirty (30) days before the expiration dates thereof. If of expiring policies; and, in the event Tenant shall fail to procure such insurance, insurance or to deliver reasonably satisfactory evidence thereof within five (5) Business Days after written notice from Landlord of such certificates and endorsements, within such time periodsfailure, Landlord may, at its option, option and in addition to all Landlord's other remedies in the event of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1a default by Tenant hereunder, procure such policies insurance for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery Charges. Notwithstanding the foregoing, if any such insurance expires without having been renewed by Tenant, Landlord shall have the option in addition to Landlord's other remedies to procure such insurance for the account of bills thereforTenant immediately and without notice to Tenant, and the cost thereof shall be paid to Landlord as Additional Charges. The limits of the insurance required under this Lease shall not limit the liability of Tenant.

Appears in 1 contract

Sources: Office Building Lease (Inflow Inc)

Form of Policies. The minimum limits of policies of ------------------ insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this LeaseLease with respect to claims covered by such insurance. Such Tenant's insurance shall: required under this Lease shall (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section 10.1 aboveSECTION 7.1 of this Lease; (iii) be issued by an ------------ insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance (with respect to the insurance described in SECTION 7.3.1 above) as to all claims thereunder and provide that ------------- any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed materially reduced unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof thereof, along with proof of payment of premium, or an indication that Tenant elects to self-insure pursuant to SECTION 7.3.5 above to Landlord on or before the Lease Commencement ------------- Date and at least thirty (30) days before the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodspolicies or certificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor.

Appears in 1 contract

Sources: Office Lease (21st Century Insurance Group)

Form of Policies. The minimum limits of All insurance policies of insurance required of to be ---------------- carried by Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name be written by companies rated A 10 or better in "Best's Insurance Guide," or as acceptable to Landlord, and any other party it so specifies in writing to Tenant, as an additional insured with respect to the commercial general liability insurance; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 above; (iii) be issued by an insurance company having a rating of not less than A–/VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business in the state in which the Project is located; California, (ii) name Landlord, SENTRE Partners, Inc. and any other parties designated by Landlord as additional insureds, (iii) as to liability coverages, be written on an "occurrences" basis, (iv) provide that Landlord shall receive at least thirty (30) days notice from the insurer before any cancellation or change in coverage, and (v) contain a provision that no act or omission of Tenant shall affect or limit the obligation of the insurer to pay the amount of any loss sustained. Each such policy shall contain a provision that such policy and the coverage evidenced thereby shall be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with respect to any policies carried by Landlord and that any coverage carried by Landlord shall be excess insurance. Any deductible amounts under any insurance requirement of Tenant; policies required hereunder shall be subject to Landlord's prior written approval (v) provide that said insurance which shall not be canceled or coverage changed unless thirty (30unreasonably withheld) days’ prior written notice and in any event Tenant shall have been given to Landlord and be liable for payment of same in the event of any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00)casualty. Tenant shall deliver certificates thereof reasonably satisfactory evidence of such insurance to Landlord on or before the Lease Commencement Date Date, and thereafter at least thirty (30) days before the expiration dates thereof. If of expiring policies; and, in the event Tenant shall fail to procure such insurance, insurance or to deliver reasonably satisfactory evidence thereof within five (5) business days after written notice from Landlord of such certificates and endorsements, within such time periodsfailure, Landlord may, at its option, option and in addition to all Landlord's other remedies in the event of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1a default by Tenant hereunder, procure such policies insurance for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty (30) days after delivery Charges. Notwithstanding the foregoing, if any such insurance expires without having been renewed by Tenant, Landlord shall have the option in addition to Landlord's other remedies to procure such insurance for the account of bills thereforTenant immediately and without notice to Tenant, and the cost thereof shall be paid to Landlord as Additional Charges. The limits of the insurance required under this Lease shall not limit the liability of Tenant.

Appears in 1 contract

Sources: Office Building Lease (Pharmacopeia Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: (i) name Landlord, Principal Real Estate Investors, LLC, Landlord’s property manager, and any other party it so specifies in writing to Tenantits reasonable discretion, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company (a) having a rating of not less than A–/VII A-X in Best’s Insurance Guide or which is otherwise reasonably acceptable to Landlord and authorized Landlord, (b) licensed to do business in the state State of California, and (c) domiciled in which the Project is locatedUnited States; (iv) with respect to the commercial general liability insurance described in Section 10.3.1 above, be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; and (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance); (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Insurance Start Date and at least thirty (30) days before prior to the expiration dates thereof. If In the event Tenant shall fail to procure such insurance, or to deliver such certificates and endorsements, within such time periodscertificate, Landlord may, at its option, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof costs of such policies (and any other costs incurred and/or damages suffered by Landlord in connection with ▇▇▇▇▇▇’s failure to procure such insurance) shall be paid to Landlord as Additional Rent within thirty five (305) days after delivery to Tenant of bills therefor. Tenant shall have the right to provide insurance coverage which it is obligated to carry pursuant to the terms of this Article 10 in a blanket policy, provided such blanket policy expressly affords coverage to the Premises and to Landlord as required by this Lease. Additionally, should any of Tenant’s insurance policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions, and if such notice is not delivered to Landlord pursuant to the policy provisions, Tenant shall deliver a copy of any such notice received by Tenant to Landlord promptly upon receipt.

Appears in 1 contract

Sources: Office Lease (Movano Inc.)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s 's obligations under Section SECTION 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-X in Best’s 's Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project is locatedState of California; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord on or before the Lease Commencement Date and at least thirty (30) days before the expiration dates thereof. If Tenant shall fail fails to procure such insurance, or carry the amounts and types of insurance required to deliver such certificates and endorsements, within such time periods, Landlord may, at its optionbe carried by it pursuant to this ARTICLE 10, in addition to all of its other rights and any remedies Landlord may have under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof failure shall be paid deemed to Landlord as Additional Rent within thirty (30) days after delivery be a covenant and agreement by Tenant to self-insure with respect to the type and amount of bills thereforinsurance which Tenant so failed to carry, with full waiver of subrogation with respect thereto.

Appears in 1 contract

Sources: Office Lease (Unapix Entertainment Inc)

Form of Policies. The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Such insurance shall: shall (i) name Landlord, and any other party it so specifies in writing to Tenantspecifies, as an additional insured with respect to the commercial general liability insuranceinsured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 aboveof this Lease; (iii) be issued by an insurance company having a rating of not less than A–/VII A-VII in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized licensed to do business in the state in which the Project Building is located; (iv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant; (v) provide that said insurance shall not be canceled or coverage changed canceled, other than for non-payment, unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be in default if the insurance company refuses to provide such assurance)Landlord; and (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to the insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding One Hundred Thousand Dollars ($100,000.00). Tenant shall deliver certificates thereof to Landlord on or before the Lease Commencement Date and at least within thirty (30) days before of the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates and endorsementscertificate, within such time periods, Landlord may, at its optionoption after ten (10) days written notice, in addition to all of its other rights and remedies under this Lease, and without regard to any notice and cure periods set forth in Section 19.1, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord as Additional Rent within thirty ten (3010) days after delivery of bills therefor.

Appears in 1 contract

Sources: Lease Agreement (Zendesk, Inc.)