Form of Policies. The minimum limits of insurance required to be carried by Tenant shall not limit Tenant’s liability. Such insurance shall be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall be in form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 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. 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. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements.
Appears in 4 contracts
Sources: Office Lease (Apigee Corp), Office Lease (Apigee Corp), Sublease Agreement (Model N, Inc.)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe 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 that has an A.M. Best having a rating of not less than A-VIII and shall be A–/VII in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and authorized to do business in the state in which the Project is located; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall and any mortgagee or ground or underlying lessor of Landlord (provided Tenant will not be designated as in default if the insurance company refuses to provide such assurance); (vi) contain a loss payee cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe 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, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, or to deliver such certificates from 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’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid 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 deliver to Landlord, in lieu Additional Rent within thirty (30) days after delivery of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills 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 insurance required to be carried by Tenant shall not limit Tenant’s liability. Such insurance shall be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall be in form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 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. 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-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 insurance required to be carried by Tenant shall not limit Tenant’s liability. Such insurance shall (i) be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall VIII; (ii) be in form and content reasonably acceptable to Landlord; and (iii) provide that it shall not be canceled or materially changed without 30 days’ prior notice to Landlord, except that 10 days’ prior notice may be given in the case of nonpayment of premiums. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties Landlord, Landlord’s managing agent, and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 2528” (Certificate Evidence of Liability Commercial Property Insurance) and “▇▇▇▇▇ 2825-S” (Evidence Certificate of Commercial Property Liability Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) 25-S 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 insureds which shall be binding on Tenant’s insurance companycompany 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsinsureds.
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 insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (1) name Landlord, Landlord’s lender, and any other party the Landlord so specifics, as an additional 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be A-:V1II in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of Utah; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any lender, property manager, agent or affiliate the Landlord reasonably so specifies, as an additional insured on all liability insurance (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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be VII in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. Landlord shall ; and (v) be designated as a loss payee with respect in form and content reasonably acceptable to Tenant’s Property Insurance on any Tenant-Insured ImprovementsLandlord. Tenant shall deliver certificates of such policies to Landlord, Landlord on or before the Lease Commencement Date and at least 15 ten (10) days before the expiration dates thereof, certificates from Tenant’s . Tenant shall immediately notify Landlord in the event any policy of insurance company on the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) carried by Tenant is cancelled or the equivalentcoverage materially changed. Attached In the event Tenant shall fail to procure such insurance, or to deliver such certificate, Landlord may, at its option, after providing Tenant with five (5) business days’ notice, procure such policies for the ▇▇▇▇▇ 25 (or equivalent) there account of Tenant, and the cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name as additional insureds Landlord, and the other Additional Insureds listed in Section 16 of the Summary, and any other party Landlord hereafter so specifies to Tenant via written Notice, together with their “Related Parties” defined as 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 coverage 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 Tenant’s obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be :X in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State in which the Project is located; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 Notice shall have been given to Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Commencement Date and at least 15 ten (10) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insuredspaid to Landlord within five (5) days after delivery to Tenant of bills therefor, and attached to the ▇▇▇▇▇ 28 together with a fifteen percent (or equivalent15%) 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsservice 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall shall: (i) name Landlord, and any other party it so specifies, as an additional insured; (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 that has an A.M. Best having a rating of not less than A-VIII and shall be VII in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the state in which the Project is located; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as and any mortgagee or ground or underlying lessor of Landlord; (vi) contain a loss payee cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe insurance required in Sections 10.3.1 and 10.3.3 above, have deductible amounts not exceeding Twenty Five Thousand Dollars ($25,000.00) unless Landlord approves the higher amount in writing. Tenant shall deliver such policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 ten (10) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, certificates from or to deliver such policies 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’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming paid to Landlord as Additional Rent within ten (10) 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 Additional Insured Parties as additional insuredsProject, 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 deliver then use its best efforts promptly to Landlord, in lieu of such certificates, copies of obtain the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementscoverages or limits.
Appears in 3 contracts
Sources: Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.), Lease (AltheaDx, Inc.)
Form of Policies. The minimum limits of insurance required to be carried by Tenant shall not limit Tenant’s liability. Such insurance shall be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall be in form and content reasonably acceptable to LandlordVIII. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Prope1ty Insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 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. 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. Upon LandlordTenant 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 requestbehalf 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 deliver have the right to Landlordprovide such insurance coverage pursuant to blanket policies obtained by Tenant, in lieu of provided such certificates, copies of blanket policies expressly afford coverage to the policies of insurance Premises and to Tenant as required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsby this Lease.
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 to be carried of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. The Commercial General Liability shall (i) name Landlord, and any other party the Landlord so specifies, as an additional named insured, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant shall under this Lease, including, but not limit limited to, Tenant’s liability. Such insurance shall obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with any insurance requirement of Tenant’s insurance. Landlord ; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be designated as a loss payee with respect canceled unless thirty (30) days’ prior written notice shall have been given to Tenant’s Property Insurance on , and Tenant shall promptly notify Landlord and any Tenant-Insured Improvementsmortgagee of Landlord of the same. Tenant shall deliver said certificates thereof to Landlord, Landlord on or before the Commencement Date and at least 15 ten (10) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 25” within five (Certificate 5) days of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. 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. Upon Landlord’s request, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant shall deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord so specifies that has a material financial interest in the Project, as an additional 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as a loss payee with respect and any mortgagee of Landlord, the identity of whom has been provided to Tenant’s Property Insurance on any Tenant-Insured ImprovementsTenant in writing. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, after written notice to Tenant and Tenant’s failure to obtain such insurance company on within five (5) days thereafter, procure such policies for the forms currently designated “▇▇▇▇▇ 25” (Certificate account of Liability Insurance) Tenant, and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within thirty (or equivalent30) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall shall: (i) name Landlord, and any other party it so specifies, as an additional insured; (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 that has an A.M. Best having a rating of not less than A-VIII and shall be A-/VII in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the state in which the Project is located; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as and any mortgagee or ground or underlying lessor of Landlord; (vi) contain a loss payee cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding Five Thousand Dollars ($5,000.00). Tenant shall deliver such policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, certificates from or to deliver such policies 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’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid 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 deliver to Landlord, in lieu Additional Rent within ten (10) days after delivery of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 2 contracts
Sources: Lease (Sionna Therapeutics, Inc.), Lease (Sionna Therapeutics, Inc.)
Form of Policies. The minimum limits All insurance required by this Article 14 shall be issued on an occurrence basis by solvent companies qualified to do business in the 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 amount and coverage required to be carried by provided hereunder is not thereby diminished. Tenant shall not limit 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 of the date of this Lease or such earlier date as Tenant or Tenant’s liability. Such insurance shall be issued by an insurance company that has an A.M. Best rating of contractors, agents, licensees, invitees or employees first enter the Premises and, upon renewal, not less than A-VIII and thirty (30) days prior to the expiration of such coverage. All evidence of insurance provided to Landlord shall be in form and content reasonably acceptable to provide (i) that Landlord. Tenant, Landlord’s Commercial General Liability Insurance shall (a) name the Landlord Parties managing agent and any other party designated person requested by Landlord who has an insurable interest, is designated as an additional insured without limitation as to coverage afforded under such policy, (“Additional Insured Parties”ii) as for severability of interests or that the 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; (iii) that the insurer agrees not to cancel or alter the policy without at least thirty (30) days prior written notice to all additional insureds; (iv) that the aggregate liability applies solely to the Premises and the remainder of the Building; and (bv) be that Tenant’s insurance is primary insurance as to all claims thereunder and provide that noncontributing with any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 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. 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. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements.
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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party reasonably specified by Landlord, as an additional 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best's Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; 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 shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, after delivery of five (5) days' notice to Tenant’s insurance company on , at Landlord's option, procure such policies for the forms currently designated “▇▇▇▇▇ 25” (Certificate account of Liability Insurance) Tenant, and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming paid to Landlord within five (5) days after delivery to Tenant of bills therefor. If either party fails to carry the Additional Insured Parties as additional insureds, amounts 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 deliver to Landlord, in lieu of such certificates, copies of the policies types of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds by it pursuant to this Lease, such failure shall be deemed to be a covenant and that Landlord is designated as a loss payee agreement by such party to self-insure with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe 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 insurance required to be carried by Tenant shall not limit Tenant’s liability. Such insurance shall be issued by an insurance company that than has an A.M. Best rating of not less than A-VIII and shall be in form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured ImprovementsImprovements and trade fixtures. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 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. 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 insurance on any Tenant-Insured ImprovementsImprovements and trade fixtures, and each such endorsement shall be binding on Tenant’s insurance company. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and end that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured ImprovementsImprovements and trade fixtures.
Appears in 2 contracts
Sources: Office Lease (Versartis, Inc.), Office Lease (Versartis, Inc.)
Form of Policies. The minimum limits of insurance required to be carried by Tenant and by Landlord under this Section 10 shall not limit Tenant’s liabilitysuch parties’ liability under the Lease. Such insurance shall (i) be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall VIII; (ii) be in form and content reasonably acceptable to Landlord; and (iii) provide that it shall not be canceled or materially changed without 30 days’ prior notice to Landlord, except that 10 days’ prior notice may be given in the case of nonpayment of premiums. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties Landlord, Landlord’s managing agent, and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 2528” (Certificate Evidence of Liability Commercial Property Insurance) and “▇▇▇▇▇ 2825-S” (Evidence Certificate of Commercial Property Liability Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) 25-S 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 insureds which shall be binding on Tenant’s insurance companycompany 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsinsureds.
Appears in 2 contracts
Sources: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be A-:X in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of Washington; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, Landlord’s lender, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be A-:VIII in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of Utah; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, ▇▇▇▇▇▇ & Company, and any other party Landlord reasonably specifies, as an additional insured; (ii) 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; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best's Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as and any mortgagee of Landlord; and (vi) contain a loss payee with respect cross-liability endorsement or severability of interest clause acceptable to Tenant’s Property Insurance on any Tenant-Insured ImprovementsLandlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) 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. Attached to the ▇▇▇▇▇ 25 (or equivalent) there Tenant shall be an endorsement naming permitted to provide the Additional Insured Parties as additional insuredsinsurance required under this Lease by obtaining a blanket policy or policies to be maintained by Tenant. The coverage afforded to Landlord under this Lease shall in no way be limited, and attached to the ▇▇▇▇▇ 28 (diminished 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 deliver to Landlord, in lieu of such certificates, copies reduced because of the fact that such policy or policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsblanket 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall shall: (i) name Landlord, and any other party it so specifies, as an additional insured; (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 that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the state in which the Project is located; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as and any mortgagee or ground or underlying lessor of Landlord; (vi) contain a loss payee cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding Five Thousand Dollars ($5,000.00). Tenant shall deliver such policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, certificates from or to deliver such policies 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’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid 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 deliver to Landlord, in lieu Additional Rent within ten (10) business days after delivery of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional named 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be A+:VIII or better in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord. Tenant shall deliver a certificate(s) evidencing such coverage to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificates, Landlord may, at its option and if it is determined that Tenant has failed to maintain the required coverage, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery to Tenant’s Property Insurance on any Tenant-Insured Improvements, and each such endorsement shall be binding on Tenant’s insurance companyTenant of bills therefor. Upon Landlord’s request, Tenant shall deliver require any vendors or contractors that it shall hire to Landlordperform work/services on Premises to procure similar insurance, as required by Landlord of Tenant in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named this Lease including naming as additional insureds Landlord and that any other party Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsso 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party it so specifies, as an additional insured; (ii) 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; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be A-:X in form and content reasonably A.M. Best's Rating Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall , licensed to do business in the state in which the Building is located, and domiciled in the United States; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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 required of Tenant’s insurance. ; (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 shall be designated as and any mortgagee or ground or underlying lessor of Landlord; and (vi) contain a loss payee with respect cross-liability endorsement or severability of interest clause acceptable to Tenant’s Property Insurance on any Tenant-Insured ImprovementsLandlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, certificates from or to deliver such policies 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’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid 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 deliver to Landlord, in lieu Additional Rent within ten (10) days after delivery of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) for the general liability, auto liability, and contractual liability (if not included under the general liability policy), name Landlord, and any other 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, Landlord’s mortgagee), as additional insureds (or, in the case of Tenant’s physical damage insurance, as additional loss-payees as their interests may appear); (ii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be or better in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of California, aside from worker’s compensation; and (iii) be primary and non-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 Commercial General Liability Insurance policy(ies). Tenant shall provide Landlord (a) name the Landlord Parties and any other party designated by parties Landlord (“Additional Insured Parties”) has specified as additional insureds; and insureds or additional loss-payees) with not less than thirty (b30) be primary insurance as days’ prior written notice of any cancellation of, termination of or material change to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 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. 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. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing by Tenant hereunder, in the event Tenant receives such written notice. Tenant shall deliver certificates (including endorsements) thereof (and such other evidence satisfactory to Landlord of the maintenance of such insurance) to Landlord prior to the Lease Commencement Date and within ten (10) days after each renewal of said insurance. In the event Tenant shall fail to procure such insurance, or to deliver such certificates (and such 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 notice, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) 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 Additional Insured Parties are named 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 that Landlord is designated as a loss payee with respect to Tenantits subsidiaries, Landlord’s Property Insurance on any Tenant-Insured Improvementsproperty 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 obtained by Tenant if the blanket policies expressly afford coverage required by this Section 14. All insurance policies required to be carried by Tenant shall not limit Tenantunder this Lease (except for worker’s liability. Such insurance shall be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall be in form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance compensation insurance) shall (ai) name the Landlord Parties Landlord, and any other party reasonable number of parties designated by Landlord (“Additional Insured Parties”) as additional insureds; , (ii) as to liability coverages, be written on an “occurrence” basis, (iii) provide that Landlord shall receive ten (10) days notice before any cancellation or change in coverage, and (biv) 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 non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementspolicies carried by Landlord. Tenant shall deliver reasonably satisfactory evidence of such insurance to Landlord, Landlord on or before the Commencement Date Date, and thereafter at least 15 ten (10) days before the expiration dates thereofof expiring policies. Notwithstanding the foregoing, certificates from 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 company on for the forms currently designated “▇▇▇▇▇ 25” (Certificate account of Liability Insurance) Tenant immediately and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or without notice to Tenant, and the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid 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 companyAdditional Rent. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies The limits of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to this Lease shall not limit liability of Tenant’s Property Insurance on any Tenant-Insured Improvements.
Appears in 2 contracts
Form of Policies. The minimum limits (a) All insurance required to be maintained by Tenant under this Article VII shall be written in form and substance reasonably satisfactory to Landlord by insurance companies with general policy holder’s ratings of not less than A and a financial rating of not less than Class XI as rated in the most recent available “Best’s” insurance reports, and licensed to do business in the 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 such event Tenant agrees to pay the amount thereof to Landlord as additional rent within thirty (30) days after demand.
(b) All policies of insurance procured by Tenant shall:
(i) provide that such policies may not be changed, amended, reduced, canceled (including for nonpayment of premium) or allowed to lapse with respect to Landlord, except after at least thirty (30) days’ prior notice from the insurance company to Landlord, sent by registered mail;
(ii) provide that Tenant shall be solely responsible for the payment of all premiums under such policies and Landlord shall have no obligation for the payment thereof notwithstanding that Landlord is or may be named as an insured;
(iii) 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 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 neglect of Landlord, Tenant or any Person claiming by, through, or under any of them and (C) 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 Landlord. Any endorsements to any such policies (or, at Tenant’s election, appropriate certificates) shall also be so deposited upon issuance thereof and each renewal or replacement of a policy (or, at Tenant’s election, appropriate certificates) shall be so deposited at least thirty (30) days prior to the expiration of such policy.
(d) Any property damage policies required under this Article 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 not limit Tenant’s liability. Such insurance shall be issued by name as an insurance company that has an A.M. Best rating of not less than A-VIII and shall be in form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the additional insured Landlord Parties and any Permitted Leasehold Mortgagee, and such other party Persons as may be designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 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. 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. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements.
Appears in 2 contracts
Sources: Ground Lease, Ground Lease (Universal City Travel Partners)
Form of Policies. The minimum limits of insurance required to be carried by Tenant shall not limit Tenant’s liability. Such insurance shall be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall be in form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 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. Attached to the ▇▇▇▇▇ 25 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such All insurance shall be issued on an occurrence basis and shall be (i) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably BEST'S INSURANCE GUIDE or which is otherwise acceptable to Landlord and licensed to do business in the State of California; and (ii) 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. Tenant’s Commercial General Liability Insurance In addition, the insurance described in Section 10.3.1 above shall (a) name the Landlord Parties Landlord, and any other party designated reasonably specified by Landlord (“Additional Insured Parties”) Landlord, as an additional insuredsinsured; and (b) 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 carried obtained by Landlord is excess and is non-contributing with any insurance requirement of Tenant’s insurance. Landlord shall be designated as ; and (d) contain a loss payee with respect cross-liability endorsement or severability of interest clause acceptable to Tenant’s Property Insurance on any Tenant-Insured ImprovementsLandlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, on or Landlord before the Lease Commencement Date (or Tenant's entry into the Building pursuant to the Tenant Work Letter, if earlier) and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate costs of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there it shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 (or equivalent) there shall be an endorsement designating Landlord as a loss payee with respect Additional Rent within fifteen (15) days after delivery to Tenant’s Property Insurance on any Tenant-Insured Improvements, and each 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 endorsement shall be binding on Tenant’s insurance company. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies of policies otherwise meet the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsrequirements 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such All insurance shall be issued on an occurrence basis and shall be (i) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably BEST'S INSURANCE GUIDE or which is otherwise acceptable to Landlord and licensed to do business in the State of California; and (ii) 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. Tenant’s Commercial General Liability Insurance In addition, the insurance described in Section 10.3.1 above shall (a) name the Landlord Parties Landlord, and any other party designated reasonably specified by Landlord (“Additional Insured Parties”) Landlord, as an additional insuredsinsured; and (b) 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 carried obtained by Landlord is excess and is non-contributing with any insurance requirement of Tenant’s insurance. Landlord shall be designated as ; and (d) contain a loss payee with respect cross-liability endorsement or severability of interest clause acceptable to Tenant’s Property Insurance on any Tenant-Insured ImprovementsLandlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, on or Landlord before the Lease Commencement Date (or Tenant's entry into the Building pursuant to the Tenant Work Letter, if earlier) and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate costs of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there it shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 (or equivalent) there shall be an endorsement designating Landlord as a loss payee with respect Additional Rent within fifteen (15) days after delivery to Tenant’s Property Insurance on any Tenant-Insured Improvements, and each 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 endorsement shall be binding on Tenant’s insurance company. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies of policies otherwise meet the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsrequirements specified above.
Appears in 2 contracts
Sources: Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc)
Form of Policies. The minimum limits of All insurance policies required to be carried by Tenant shall not limit Tenant’s liability. Such insurance shall be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall be in form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance under this Lease shall (ai) 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 the Landlord Parties and any other party parties designated by Landlord (“Additional Insured Parties”) as additional insureds; , in the case of liability insurance, and name Landlord and Tenant as named insureds, as 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 Premises only), (iii) as to liability coverages, be written on an “occurrence” basis, (iv) provide that Landlord shall receive thirty (30) days’ notice from the insurer before any cancellation or change in coverage, and (bv) 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 non-contributing with Tenant’s insurance. respect to any policies carried by Landlord and that any coverage carried by Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on excess insurance. Tenant shall be liable for payment of any Tenant-Insured Improvementsdeductible in the event of any loss, claim or casualty. Tenant shall deliver reasonably satisfactory evidence of such insurance to Landlord, Landlord on or before the Commencement Date Date, and thereafter at least 15 thirty (30) days before the expiration dates thereofof expiring policies; and in the event Tenant shall fail to procure such insurance or to deliver reasonably satisfactory evidence thereof within five (5) business days after written notice from Landlord of such failure, certificates from Landlord may, at its option and in addition to Landlord’s other remedies in the event of a default by Tenant hereunder, procure such insurance for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid 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 companyAdditional Charges. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies The limits of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on this Lease shall not limit any Tenant-Insured Improvementsobligation 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 to be carried of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Tenant's liability insurance shall (i) name Landlord, Landlord's lender and Landlord's managing agent, if any, as an additional insured; (ii) specifically cover the liability assumed by Tenant shall under this Lease, including, but not limit limited to, Tenant’s liability. Such insurance shall 's obligations under SECTION 10.1 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII VII in Best's Insurance Guide and shall be licensed to do business in form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall the Commonwealth of Massachusetts; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. Landlord ; and (v) provide that said insurance shall not be designated as a loss payee with respect canceled or coverage reduced unless ten (10) days' prior written notice shall have been given to Tenant’s Property Insurance on any Tenant-Insured ImprovementsLandlord. Tenant shall deliver evidence of such coverage to Landlord, Landlord on or before the Lease Commencement Date and at least 15 the time of any renewal thereof. In the event Tenant shall fail to procure such insurance, or to deliver such evidence, including a certificate of insurance, Landlord may, at its option, if Tenant fails to provide evidence of such insurance within five (5) business days before after notice from Landlord, procure such policies for the expiration dates thereofaccount of Tenant, certificates from Tenant’s insurance company on and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect business days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 2 contracts
Sources: Office Lease (Exact Sciences Corp), Office Lease (Exact Sciences Corp)
Form of Policies. The minimum limits of insurance required to be carried by Tenant shall not limit Tenant’s liability. Such insurance shall be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall be in form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 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. 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 companycompany and shall name Landlord as a “cancellation notice recipient”. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) with respect to the coverages required under Sections 10.3.2(ii) and (iv) above, name Landlord, and any other ------------------- ---- party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a ------------ rating of not less than A-VIII and shall be X in form and content reasonably Best's Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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 insurance. obligation to have its insurer(s) provide Landlord with any notices of changes or cancelations of policies shall be designated as a loss payee 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 respect notices required hereunder (within the time period provided hereunder) to the extent that Tenant’s Property Insurance on any Tenant-Insured Improvementsinsurer(s) shall not. Tenant shall deliver certificates of policies required hereunder to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within ten (or equivalent10) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall shall: (i) name Landlord, and any other party it so specifies, as an additional insured; (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 that has an A.M. Best having a rating of not less than A-VIII and shall be A /VII in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the state in which the Project is located; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as and any mortgagee or ground or underlying lessor of Landlord; (vi) contain a loss payee cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding Twenty Thousand Dollars ($20,000.00). Tenant shall deliver such policies or certificates thereof to Landlord, Landlord on or before the applicable Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, certificates from or to deliver such policies 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’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid 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 companyAdditional Rent within ten (10) days after delivery of bills therefor. Upon Landlord’s request, Tenant shall deliver have the right to Landlord, in lieu of such certificates, copies of carry the policies of insurance required to be carried under Section 10.2 showing that hereunder in the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsform 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 insurance required to be carried by Tenant shall not limit Tenant’s liability. Such insurance shall (i) be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall VIII; (ii) be in form and content reasonably acceptable to Landlord; and (ii) provide that it shall not be canceled or materially changed without 30 days’ prior notice to Landlord, except that 10 days’ prior notice may be given in the case of nonpayment of premiums. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties Landlord, Landlord’s managing agent, and any other party designated by Landlord to Tenant in writing (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 2528” (Certificate Evidence of Liability Commercial Property Insurance) and “▇▇▇▇▇ 2825-S” (Evidence Certificate of Commercial Property Liability Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 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 insureds which shall be binding on Tenant’s insurance companycompany 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 deliver to Landlord, in lieu of such certificates, redacted copies of the policies of insurance required to be carried under Section 10.2 14.01 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsinsureds.
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 such policies described in Section 14.1 shall in no event limit the liability of Tenant under this Lease. All insurance required by this Article 14 shall be issued on an occurrence basis by solvent companies qualified to do business in the 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 carried provided hereunder is not thereby diminished. No policy maintained by Tenant under this Article 14 shall not limit Tenant’s liabilitycontain a deductible greater than Twenty-Five Thousand Dollars ($25,000.00). Such Tenant shall provide Landlord a certificate of each policy of insurance shall be issued by an insurance company required hereunder certifying that has an A.M. Best rating of not less than A-VIII and shall be in form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementspolicies contain the provisions required. Tenant shall deliver such certificates to LandlordLandlord within thirty (30) days after the Lease Date, on but in no event later than the date that Tenant or before any other Tenant Parties first enter the Commencement Date and at least 15 Premises and, upon renewal, not fewer than ten (10) days before prior to 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 equivalentsuch coverage. 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. Upon Landlord’s requestIn addition, Tenant shall deliver to Landlord, in lieu Landlord a copy of such certificates, copies of the policies each policy of insurance required to be carried under Section 10.2 showing hereunder upon Landlord’s request. All Tenant’s liability insurance shall provide (i) that the Additional Insured Parties are named as additional insureds Landlord, Landlord’s managing agent, any Encumbrancer, and that Landlord any other person requested by Landlord, is designated 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) that Tenant’s insurance is primary and noncontributory with any insurance carried by Landlord. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least thirty (30) days’ prior written notice to all additional insureds (except in the event of a loss payee cancellation as a result of nonpayment, in which event the insurer shall give all additional insureds at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days after any material modification of any 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 TenantLandlord’s Property Insurance on any Tenant-Insured Improvementsprior 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord reasonably specifies, in writing, as an additional 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing is non¬contributing with Tenant’s insurance. 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 shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord. Tenant shall deliver said policy or policies or, at Tenant’s option, certificates of such policies (including endorsements) thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates or to deliver such policies or certificate, Landlord may, at its option, within five (5) days following written notice from Landlord to Tenant’s insurance company on , procure such policies for the forms currently designated “▇▇▇▇▇ 25” (Certificate account of Liability Insurance) Tenant, and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, Landlord’s lender, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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) be in form and content reasonably acceptable to Landlord. In the event that any insurance required of Tenant under the Lease is cancelled or modified, then, within three (3) business days’ of Tenant’s insurance. receipt of notice of cancellation or modification, Tenant shall give Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsnotice of such cancellation or modification. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills 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 to be carried of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease. Tenant’s liability insurance shall (i) name Landlord, Landlord’s lender and Landlord’s managing agent, if any, as an additional insured; (ii) specifically cover the liability assumed by Tenant shall under this Lease, including, but not limit limited to, Tenant’s liability. Such insurance shall obligations under SECTION 10.1 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII VII in Best’s Insurance Guide and shall be licensed to do business in form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall the Commonwealth of Massachusetts; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. Landlord ; and (v) provide that said insurance shall not be designated as a loss payee with respect canceled or coverage reduced unless ten (10) days’ prior written notice shall have been given to Tenant’s Property Insurance on any Tenant-Insured ImprovementsLandlord. Tenant shall deliver evidence of such coverage to Landlord, Landlord on or before the Lease Commencement Date and at least 15 the time of any renewal thereof. In the event Tenant shall fail to procure such insurance, or to deliver such evidence, including a certificate of insurance, Landlord may, at its option, if Tenant fails to provide evidence of such insurance within five (5) business days before after notice from Landlord, procure such policies for the expiration dates thereofaccount of Tenant, certificates from Tenant’s insurance company on and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect business days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, ▇▇▇▇▇▇▇▇’s lender, and any other party the Landlord so specifies, as an additional insured, 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be A-:VIII in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect business days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 2 contracts
Sources: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)
Form of Policies. The minimum limits of insurance required to be carried by Tenant shall not limit Tenant’s liability. Such insurance shall (i) be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall VIII; (ii) be in 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 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. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties Landlord, Landlord’s managing agent, and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 15 fifteen (15) days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 2528” (Certificate Evidence of Liability Commercial Property Insurance) and “▇▇▇▇▇ 2825-S” (Evidence Certificate of Commercial Property Liability Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 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 insureds which shall be binding on Tenant’s insurance company. Upon Landlordcompany and Tenant or Tenant’s request, Tenant insurance agent shall deliver notify each Additional Insured Party in writing at least thirty (30) days before any termination or material change to Landlord, in lieu of such certificates, copies of the policies (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 excess/umbrella insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee provided, any such certificate shall evidence coverage specifically with respect to Tenant’s the Property Insurance on any Tenant-Insured Improvementsand the amount of coverage 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 such policies described in Section 14.1 above shall in no event limit the liability of Tenant under this Lease. All insurance required by this Article 14 shall be issued on an occurrence basis by solvent companies qualified to do business in the 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 carried provided hereunder is not thereby diminished. No policy maintained by Tenant under this Article 14 shall contain a deductible which is not limit Tenant’s liabilitycommercially reasonable. Such Tenant shall provide Landlord a certificate of each policy of insurance shall be issued by an insurance company required hereunder certifying that has an A.M. Best rating of not less than A-VIII and shall be in form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementspolicies contain the provisions required. Tenant shall deliver such certificates to LandlordLandlord within thirty (30) days after the Lease Date, on but in no event later than the date that Tenant or before any other Tenant Parties first enter the Commencement Date and at least 15 Premises and, upon renewal, not fewer than ten (10) days before prior to 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 equivalentsuch coverage. 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. Upon Landlord’s requestIn addition, Tenant shall deliver to Landlord, in lieu Landlord a copy of such certificates, copies of the policies 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 be carried under Section 10.2 showing 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 primary and that any insurance or self-insurance maintained by Landlord shall not contribute with it. Tenant shall endeavor to cause all of its insurance policies to provide that the Additional Insured Parties are named as insurer cannot cancel such policy or materially reduce coverage without at least thirty (30) days’ prior written notice to all additional insureds and that Landlord is designated (except in the event of a cancellation as a loss payee result of nonpayment, in which event the insurer shall give all additional insureds at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days after any material reduction of any 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 TenantLandlord’s Property Insurance on any Tenant-Insured Improvementsprior 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, Landlord’s lender, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be A-:VIII in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect business days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills 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 to be carried by of Tenant and its agents/contractors under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates and any other party the Landlord so specifies (collectively, the “Additional Insureds”), as an additional insured, as applicable, including Landlord’s managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-:VIII and shall be in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of North Carolina; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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 required of Tenant’s insurance. ; (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 insurer shall endeavor to provide written notice to Landlord shall be designated as a loss payee with respect and any mortgagee of Landlord, to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe 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, 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 15 ten (10) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates or to deliver such policies or certificate within ten (10) days after written notice from Landlord, Landlord may, at its option (upon notice to Tenant’s insurance company on ), procure such policies for the forms currently designated “▇▇▇▇▇ 25” (Certificate account of Liability Insurance) Tenant, and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming paid to Landlord within five (5) days after delivery to Tenant of bills therefor. Landlord and the Additional Insured Parties as additional insureds, and attached Insureds will not be responsible for any deductibles or self-insured retentions related 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsthis Article 10.
Appears in 2 contracts
Sources: Lease Agreement (Heat Biologics, Inc.), Lease (Heat Biologics, Inc.)
Form of Policies. The minimum limits of insurance required to be carried by Tenant shall not limit Tenant’s liability. Such insurance shall (i) be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall VIII; (ii) be in 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, except that ten (10) days’ prior notice may be given in the case of nonpayment of premiums. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties Landlord, Landlord’s managing agent, and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 15 fifteen (15) days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 2528” (Certificate Evidence of Liability Commercial Property Insurance) and “▇▇▇▇▇ 2825-S” (Evidence Certificate of Commercial Property Liability Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 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 insureds which shall be binding on Tenant’s insurance companycompany 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 policies, except that ten (10) days’ prior notice may be given in the case of nonpayment of premiums. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 14.01 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsinsureds.
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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be A-:X in form and content reasonably Best's Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance; and (v) be in form and content reasonably acceptable to Landlord. Tenant hereby agrees that in the event of any non-renewal or cancellation of the policies of insurance required herein, Tenant shall provide Landlord shall be designated as a loss payee with respect to notice of such cancellation immediately upon Tenant’s Property Insurance on any Tenant's first becoming aware of such cancellation or non-Insured Improvementsrenewal. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 ten (10) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord reasonably specifies in writing, as an additional insured as 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) cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and permitted to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance, 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 shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord. Tenant shall deliver certificates thereof and applicable endorsements or policy excerpts which meet the requirements of this Article 10 to Landlord, Landlord on or before (I) the earlier to occur of: (x) the Phase I Lease Commencement Date Date, and (y) 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 after the renewal of such policies. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate and applicable endorsements, Landlord may, at least 15 days before its option with notice to Tenant, procure such policies for the expiration dates thereofaccount of Tenant, certificates from Tenant’s insurance company on and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 2 contracts
Sources: Lease Agreement (Dropbox, Inc.), Lease Agreement (Dropbox, Inc.)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (a) (except Workers’ Compensation) name Landlord, and any other party it reasonably so specifies, as an additional insured; (b) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant’s obligations to indemnify Landlord under this Lease; (c) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be A-1X in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the Property Jurisdiction; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (bd) 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’s insurance. ; (e) provide that said insurance shall not be canceled, expire or coverage changed unless thirty (30) days’ prior written notice shall have been given to Landlord shall be designated as and any Lender and any landlord of an underlying ground or master lease; and (f) contain a loss payee with respect cross-liability endorsement or severability of interest clause acceptable to Tenant’s Property Insurance on any Tenant-Insured ImprovementsLandlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Commencement Date Lease commencement date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties paid to Landlord as additional insureds, and attached rent ten (10) days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall shall: (i) name Landlord, and any other party it so specifies, as an additional insured; (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 that has an A.M. Best having a rating of not less than A-VIII and shall be VII in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the state in which the Project is located; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as and any mortgagee or ground or underlying lessor of Landlord; (vi) contain a loss payee cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe insurance required in Sections 10.3.1, 10.3.2 and 10.3.4 above, have deductible amounts not exceeding Twenty Thousand Dollars ($20,000.00). Tenant shall deliver such policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, certificates from or to deliver such policies 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’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid 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 companyAdditional Rent within ten (10) days after delivery of bills therefor. Upon Landlord’s request, Tenant shall deliver have the right to Landlord, in lieu of such certificates, copies of carry the policies of insurance required to be carried under Section 10.2 showing that hereunder in the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsform 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord Parties, and any other party the Landlord so specifies, as an additional insured; (ii) 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; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State where the Building is located; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord of which Landlord provides Tenant written notice. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and the cost thereof shall be paid to Landlord within five (5) 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 company on the forms currently designated “▇▇▇▇▇ 25” (Certificate coverages may include risk retention or deductible amounts commercially reasonable in light of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. 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, business and each such endorsement shall be binding on 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 company. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu with an umbrella insurance policy if such umbrella insurance policy contains an aggregate per location endorsement that provides the required level of such certificates, copies of protection for the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured ImprovementsPremises.
Appears in 2 contracts
Sources: Office Lease (Xenith Bankshares, Inc.), Office Lease (Xenith Bankshares, 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 obtained by Tenant if the blanket policies expressly afford coverage required by this Section 14. All insurance policies required to be carried by Tenant shall not limit Tenant’s liability. Such insurance shall be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall be in form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance under this Lease (except for worker's compensation insurance) shall (ai) name the Landlord Parties Landlord, and any other party reasonable number of parties designated by Landlord (“Additional Insured Parties”) as additional insureds; , (ii) as to liability coverages, be written on an "occurrence" basis, (iii) provide that Landlord shall receive thirty (30) days notice from the insurer before any cancellation or change in coverage, and (biv) 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 non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementspolicies carried by Landlord. Tenant shall deliver reasonably satisfactory evidence of such insurance to Landlord, Landlord on or before the Commencement Date date Tenant first enters or occupies the Premises, and thereafter at least 15 thirty (30) days before the expiration dates thereofof expiring policies. Notwithstanding the foregoing, certificates from if any such insurance expires without having been renewed by Tenant’s , Landlord shall have the option, in addition to Landlord's other remedies to procure such insurance company on for the forms currently designated “▇▇▇▇▇ 25” (Certificate account of Liability Insurance) Tenant immediately and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or without notice to Tenant, and the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid 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 companyAdditional Rent. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies The limits of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to this Lease shall not limit liability of Tenant’s Property Insurance on any Tenant-Insured Improvements.
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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and qualified to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; 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 of Landlord, provided, however that this advance notice provision shall be designated as not apply to the annual renewal of policies in the ordinary course of business of the substitution of policies in the event of a loss payee with respect to change of control of Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver certificates evidencing such policies to Landlord, Landlord on or before the Lease Commencement Date and at least 15 within ten (10) business days before after the expiration dates thereof. Further, certificates Landlord shall have the right, from time to time, to request in writing copies of policies of Tenant’s insurance company on required hereunder, which Tenant shall thereafter provide within fifteen (15) business days. In the forms currently designated “▇▇▇▇▇ 25” (Certificate event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Liability Insurance) Tenant, and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insuredspaid to Landlord within five (5) days after delivery to Tenant of bills therefor, provided that Landlord shall provide written notice to Tenant, and attached to the ▇▇▇▇▇ 28 (or equivalent) there shall be an endorsement designating Landlord as with 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 deliver to Landlord, in lieu copy of such certificatesnotice addressed to “General Counsel”, copies of at the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and Premises, at least ten (10) days in advance informing Tenant that Landlord is designated as a loss payee with respect electing to procure such policies for the account of Tenant’s Property Insurance on any Tenant-Insured Improvements.
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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, Landlord’s lender, and any other party Landlord so specifies, as an additional insured, including Landlord’s managing agent, if any (with respect to Tenant’s Commercial General Liability Insurance only); (ii) 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; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be A-11/11 in form and content Best’s Insurance Guide or which is otherwise reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 reduced below the amounts required herein unless thirty (30) days’ prior written notice shall have been given to Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord. Tenant shall deliver copies of such policies (or at Landlord’s option, certificates thereof) to Landlord or Landlord, ’s designee on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills 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 to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord and Lenders, if any, as an additional insured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant's obligations to indemnify Landlord under this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be IX[?] in form and content Best's Insurance Guide or which is otherwise reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the Property Jurisdiction; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance; and (v) contain a cross-liability endorsement or severability of interest clause reasonably acceptable to Landlord. Tenant shall use its best efforts to cause such insurance policies to provide that the insurance carrier will give Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsadditional insured thirty (30) days written notice before any such policy is canceled, expires or the coverage changed. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, after fifteen (15) days' prior written notice to Tenant’s insurance company on , at its option, procure such policies for the forms currently designated “▇▇▇▇▇ 25” (Certificate account of Liability Insurance) Tenant, and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties paid to Landlord as additional insureds, and attached rent thirty (30) days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Alltrista Corp), Asset Purchase Agreement (Alltrista Corp)
Form of Policies. The minimum limits All insurance required by this Article 14 shall be issued on an occurrence basis by solvent companies qualified to do business in the 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 amount and coverage required to be carried by provided hereunder is not thereby diminished. Tenant shall not limit 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 (10) business days following the date of this Lease or such earlier date as Tenant or Tenant’s liability. Such insurance shall be issued by an insurance company that has an A.M. Best rating of contractors, agents, licensees, invitees or employees first enter the Premises and, upon renewal, not less than A-VIII and thirty (30) days prior to the expiration of such coverage. All evidence of insurance provided to Landlord shall be in form and content reasonably acceptable to provide (i) that Landlord. Tenant, Landlord’s Commercial General Liability Insurance shall (a) name the Landlord Parties managing agent and any other party designated person requested by Landlord who has an insurable interest, is designated as an additional insured without limitation as to coverage afforded under such policy; (“Additional Insured Parties”ii) as for severability of interests or that the 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; (iii) that the insurer agrees not to cancel or alter the policy without at least thirty (30) days prior written notice to all additional insureds; (iv) that the aggregate liability applies solely to the Premises and the remainder of the Building; and (bv) be that Tenant’s insurance is primary insurance as to all claims thereunder and provide that noncontributing with any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 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. 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. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements.
Appears in 2 contracts
Sources: Sublease Agreement (Salesforce Com Inc), Sublease Agreement (Salesforce Com Inc)
Form of Policies. The minimum limits of insurance required to be carried by Tenant shall not limit Tenant’s liability. Such insurance shall be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall be in form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured ImprovementsImprovements and trade fixtures. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 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. 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 ImprovementsImprovements and trade fixtures, and each such endorsement shall be binding on Tenant’s insurance company. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured ImprovementsImprovements and trade fixtures.
Appears in 2 contracts
Sources: Office Lease (Coherus BioSciences, Inc.), Office Lease (Digital Domain Media Group, Inc.)
Form of Policies. The minimum limits All insurance required by this Article 14 shall be issued on an occurrence basis by solvent companies qualified to do business in the 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 the 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 carried by provided hereunder is not thereby diminished. Tenant shall not limit 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 (30) 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 Tenant or Tenant’s liability. Such insurance shall be issued by an insurance company that has an A.M. Best rating of 's contractors, agents, licensees, invitees or employees first enter the Premises and, upon renewal, not less than A-VIII and thirty (30) days prior to the expiration of such coverage. All evidence of insurance provided to Landlord shall be in form and content reasonably acceptable to provide (i) that Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties , Landlord's managing agent and any other party designated person requested by Landlord who has an insurable interest, is designated as an additional insured without limitation as to coverage afforded under such policy; (“Additional Insured Parties”ii) as for severability of interests or that the 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; (iii) that the insurer agrees not to cancel or reduce the coverage under the policy without at least thirty (30) days prior written notice to all additional insureds; (iv) that the aggregate liability applies solely to the Premises and the remainder of the Building; and (bv) be that Tenant's insurance is primary insurance as to all claims thereunder and provide that noncontributing with any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 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. 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. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements.
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 to be carried by of Tenant and its agents/contractors under the Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under the Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates, and any other party the Landlord so specifies (collectively, the “Additional Insureds”), each as an additional insured, as applicable, including L▇▇▇▇▇▇▇’s managing agent, if any; (ii) cover the liability assumed by Tenant under the Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-:VIII and shall be in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the state in which the Building is located; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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 required of Tenant’s insurance. ; (v) be in form and content acceptable to Landlord; (vi) be endorsed with waiver of subrogation endorsements in favor of the Additional Insureds; (vii) not contain any deductible or self-insured retention in excess of $25,000 unless otherwise approved by Landlord in writing; and (viii) provide that said insurer shall be designated as a loss payee with respect provide thirty (30) days’ written notice to Tenant’s Property Insurance on Landlord and any Tenantmortgagee of Landlord, to the extent such names are furnished to Tenant prior to the cancellation of such policy (ten (10) days’ for non-Insured Improvementspayment of premium). Tenant shall deliver said policy or policies and certificates thereof to Landlord, Landlord on or before the First Amendment Extension Commencement Date Date, and at least 15 ten (10) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates or to deliver such policies or certificate within ten (10) days after written notice from Landlord, Landlord may, at its option (upon notice to Tenant’s insurance company on ), procure such policies for the forms currently designated “▇▇▇▇▇ 25” (Certificate account of Liability Insurance) Tenant, and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming paid to Landlord within five (5) days after delivery to Tenant of bills therefor. Landlord and the Additional Insured Parties as additional insureds, and attached Insureds will not be responsible for any deductibles or self-insured retentions related 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under this Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements8.04.
Appears in 1 contract
Sources: Lease Agreement (Liquidia Corp)
Form of Policies. The minimum limits of policies and T▇▇▇▇▇’s procurement and maintenance of such policies described in Section 14.1 above shall in no event limit the liability of Tenant under this Lease. All insurance required by this Article 14 shall be issued on an occurrence basis by solvent companies qualified to do business in the 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 carried 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 writing by Tenant or Landlord, or any other entity with an interest in the Project as reasonably requested by Landlord, is designated 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; (ii) for severability of interests or that acts or omissions of one of the insureds or additional insureds shall not limit Tenant’s liability. Such insurance shall be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall be in form and content reasonably acceptable reduce or affect coverage available to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and any other party designated by Landlord insured or additional insured (“Additional Insured Parties”) as additional insuredsif available); and (biii) 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 non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured ImprovementsLandlord. Tenant shall deliver use commercially reasonable efforts to Landlord, on or before the Commencement Date and at least 15 days before the expiration dates thereof, certificates from endeavor to cause all of Tenant’s insurance company on to provide that the forms currently designated “▇▇▇▇▇ 25” insurer agrees not to cancel the policy without at least thirty (Certificate 30) days’ prior written notice to all additional insureds (except in the event of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. 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 a cancellation as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsresult of nonpayment, and each such endorsement in which event the insurer shall be binding on Tenant’s insurance companygive all additional insureds at least ten (10) days’ prior notice). Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu notify Landlord within ten (10) days after any material modification of such certificates, copies of the policies any 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 carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsunreasonably withheld, conditioned or delayed.
Appears in 1 contract
Sources: Office Lease (Zynga Inc)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be in form and content reasonably Best's Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates or to deliver such policies or certificates, within two (2) days following notice from Landlord of such failure, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Sources: Office Lease (Corgentech Inc)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates, its property manager (if any) and any other party the Landlord so specifies, as an additional insured on the liability insurance, including Landlord’s managing agent, if any; (ii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be A-:VII in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name Landlord and authorized to do business in the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insuredsState of California; and (biv) 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 required of Tenant to the extent of Tenant’s insuranceliability under its indemnity obligations contained in this Lease. Tenant shall not cause said insurance to be canceled unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord (unless such cancellation is the result of non-payment of premiums, in which case not less than ten (10) days’ notice shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsprovided). Tenant shall deliver said certificates of such insurance policies to Landlord, Landlord on or before the Lease Commencement Date and within a reasonable time period after removal or replacement of coverage. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at least 15 days before its option, procure such policies for the expiration dates thereofaccount of Tenant, certificates from Tenant’s insurance company on and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, Landlord’s lender, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be A-:VIII in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall 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 Landlord so specifies, as an additional insured; (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant's obligations under Article 11 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best's Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the state in which the Real Property is located; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as and any mortgagee or ground or underlying lessor of Landlord; (vi) contain a loss payee cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe insurance required in Sections 10.2.1, 10.2.2, 10.2.4 and 10.2.5 above, have deductible amounts not exceeding $10,000.00. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, certificates from or to deliver such policies 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 16.1, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid 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 deliver to Landlord, in lieu Additional Rent within ten (10) days after delivery of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
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 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, Landlord’s mortgagee), as additional insureds; (ii) be issued by an insurance company having a rating of A-:VIII or better in Best’s Insurance Guide or which is otherwise acceptable to Landlord and authorized to do business in the State of California; and (iii) be primary and non-contributory when any policy issued to Landlord provides duplicate or similar coverage, and in such circumstance Landlord’s policy will be excess over Tenant’s policy(ies). Tenant shall provide Landlord (and any other parties Landlord has specified as additional insureds) with not less than thirty (30) days’ prior written notice of any cancellation of, termination of or material change to any insurance required to be carried by Tenant shall not limit Tenant’s liability. Such insurance shall be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall be in form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementshereunder. Tenant shall deliver certificates of said policies to Landlord, on or before Landlord at least ten (10) days prior to the earlier of the Lease Commencement Date or the date Tenant enters or occupies the Premises (in any event, within ten (10) days of the effective date of coverage) and at least 15 fifteen (15) days before prior to each renewal of said insurance. In the expiration dates thereofevent Tenant shall fail to procure such insurance, or to deliver such certificates from (and such 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, at its option, procure such policies for the account of Tenant’s insurance company , and the cost thereof shall be paid to Landlord within five (5) days after delivery to Tenant of bills therefor, plus an administrative fee of fifteen percent (15%) of such cost. Tenant shall require any vendors or contractors that it shall hire to perform work and/or services on the forms currently designated “▇▇▇▇▇ 25” (Certificate Premises to procure similar insurance, as required by Landlord of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there shall be an endorsement Tenant in this Lease, including naming the Additional Insured Parties as additional insureds, Landlord 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 Improvementsits subsidiaries, and each such endorsement shall be binding on Tenant’s insurance company. Upon Landlord’s requestproperty management company, Tenant shall deliver to Landlord’s asset management company, JPMIMI, and, if requested in writing by Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to TenantLandlord’s Property Insurance on any Tenant-Insured Improvementsmortgagee.
Appears in 1 contract
Sources: Office Lease (ZS Pharma, Inc.)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party it so specifies, as an additional insured; (ii) 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; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be VII in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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 (ten (10) days notice for nonpayment of premiums) shall have been given to Landlord and any mortgagee or ground or underlying lessor of Landlord (provided that Tenant has received written notice of such entity’s insurance. Landlord shall be designated as rights and address); and (vi) contain a loss payee with respect cross-liability endorsement or severability of interest clause acceptable to Tenant’s Property Insurance on any Tenant-Insured ImprovementsLandlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Commencement Date and at least 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on entering onto the forms currently designated “▇▇▇▇▇ 25” (Certificate Premises and five business days following the renewal date thereof. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Liability Insurance) Tenant, and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 (or equivalent) there shall be an endorsement designating Landlord as a loss payee with respect Additional Rent within five (5) days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Sources: Lease Agreement (Genomatica Inc)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall shall: (i) except with respect to the coverage described in Paragraph 17(b)(ii) above), name Landlord, Landlord's Mortgagee (as defined in Paragraph 24(c)) of which Tenant has notice, the lessors of a ground or underlying lease with respect to the Property of which Tenant has notice, Landlord’s directors, officers, employees, members and managers, and any other party having an insurable interest in the Premises whom Landlord reasonably specifies (including, if applicable, some or all of the Indemnified Parties), as an additional insured; (ii) be issued by an insurance company that has an A.M. Best having a rating of not less than “A” or better by Standard & Poor or “A-VIII and shall be VIII” or better in form and content reasonably Best's Insurance Guide, or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall , and authorized to do business in the state of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biii) 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’s insurance. Landlord ; (iv) if commercially available, provide that such insurance shall not be designated as canceled for non-payment of premium unless at least ten (10) days' prior written notice shall have been given to Landlord; (v) contain a loss payee cross-liability endorsement or severability of interest clause acceptable to Landlord; (vi) with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe insurance required in Paragraph 17(b)(i) through Paragraph 17(b)(v) above, have deductible amounts not exceeding Ten Thousand Dollars ($10,000.00); and (vii) include waivers of subrogation as provided in Paragraph 19. Tenant shall deliver certificates evidencing the required coverage hereunder to Landlord, Landlord on or before (I) the earlier to occur of: (x) the Commencement Date and at least 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. Attached to the ▇▇▇▇▇ 25 (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insuredsDate, and attached to (y) the ▇▇▇▇▇ 28 (date Tenant and/or its employees, contractors and/or agents first enter the Premises for occupancy, construction of improvements, alterations, or equivalent) there shall be an endorsement designating Landlord as a loss payee with respect to Tenant’s Property Insurance on any Tenantother move-Insured Improvementsin activities, and each (II) five (5) business days after the renewal of such endorsement shall be binding on Tenant’s insurance companypolicies. Upon Landlord’s requestIf Tenant receives notice from the insurer of any cancellation or material change in coverage, Tenant shall deliver to Landlordgive Landlord written notice thereof promptly after receipt, in lieu of such certificates, copies of the policies of which event Landlord may require that Tenant procure replacement insurance from another carrier. If Tenant shall fail to procure or to maintain any insurance required by this Paragraph 17, or to deliver such policies 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 this Lease, procure such policies for the account of Tenant, and the cost thereof shall be carried under Section 10.2 showing that the paid to Landlord as Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured ImprovementsRent within thirty (30) days after delivery of bills therefor.
Appears in 1 contract
Sources: Lease Agreement (Neophotonics Corp)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, its subsidiaries and affiliates, its property manager (if any) and any other party the Landlord reasonably specifies, as an additional insured or loss payee, with respect to insurance required under Section 10.3.2(ii) and (iii), including Landlord's managing agent, if any; (ii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-:VIII and shall be in form and content Best's Insurance Guide or which is otherwise reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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 required 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 (unless such cancellation is the result of non-payment of premiums). To the extent that any of the Tenant’s insurance. Landlord shall existing policies of insurance maintained in accordance with the Initial Lease need to be designated as a loss payee with respect modified in order to Tenant’s Property Insurance on any Tenant-Insured Improvements. satisfy the insurance requirements of this Lease, Tenant shall deliver evidence of such modifications to Landlordsaid policy or policies, on or before which may be in the form of ▇▇▇▇▇ certificates to Landlord within thirty (30) days following the Lease Commencement Date and at Date. At least 15 ten (10) days before the expiration dates thereof, certificates from Tenant’s insurance company on of said policy or policies following the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. 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. Upon Landlord’s requestLease Commencement Date, Tenant shall deliver copies of replacement policy or policies, or certificates evidencing the extension of such insurance coverage, to Landlord. In the event Tenant shall fail to procure such insurance, in lieu of or to deliver such policies or certificates, copies Landlord may, at its option, procure such policies for the account of Tenant, and the policies cost thereof shall be paid to Landlord within thirty (30) days after delivery to Tenant of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Sources: Lease (Nuvasive 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 and Landlord makes no representation or guaranty that the insurance required under this Lease shall be sufficient or adequate to be carried by Tenant shall not limit protect Tenant’s liability. Such All insurance shall (i) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord and licensed to do business in the State of Texas; and (ii) 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 the other additional insureds thereunder designated by Landlord. Tenant’s Commercial General Liability Insurance In addition, the insurance described in Section 10.2.1 above shall (a) name the Landlord Parties Landlord, any mortgage holder and any other party designated by Landlord (“Additional Insured Parties”) Landlord’s property manager, as an additional insuredsinsured; and (b) 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 carried required by Landlord is excess and is non-contributing with any insurance requirement of Tenant’s insurance; 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 and any named mortgage holder as loss-payee as to all items referred to in clause (ii) of Section 10.2.2 and the insurance described in Sections 10.2.2 and 10.2.3 shall be designated as a loss payee with respect have deductibles reasonably acceptable to Tenant’s Property Insurance on any Tenant-Insured ImprovementsLandlord. Tenant shall deliver all policies or certificates thereof to Landlord, Landlord on or before Landlord’s delivery of the Premises to Tenant or the Lease Commencement Date Date, whichever first occurs, and at least 15 thirty (30) days before the expiration dates thereof. 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, certificates 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 insurance company on obligation to maintain such insurance. In the forms currently designated “▇▇▇▇▇ 25” event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may deny Tenant the right to occupy the Premises until such time as Tenant makes such deliveries (Certificate which denial shall have no effect upon the Lease Commencement Date) and/or procure such policies for the account of Liability Insurance) Tenant, and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 (or equivalent) there shall be an endorsement designating Landlord as a loss payee with respect Additional Rent within five (5) days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Sources: Office Lease (HMS Holdings Corp)
Form of Policies. The minimum limits All insurance required by this Article 14 shall be issued on an occurrence basis by solvent companies qualified to do business in the State of California. 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 carried by provided hereunder is not thereby diminished. Tenant shall not limit 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 (30) 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 Tenant or Tenant’s liability. Such insurance shall be issued by an insurance company that has an A.M. Best rating of 's contractors, agents, licensees, invitees or employees first enter the Premises and, upon renewal, not less than A-VIII and thirty (30) days prior to the expiration of such coverage. All evidence of insurance provided to Landlord shall be in form and content reasonably acceptable to provide (i) that Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties , Land▇▇▇▇'▇ ▇anaging agent and any other party designated person requested by Landlord who has an insurable interest, is designated as an additional insured without limitation as to coverage afforded under such policy; (“Additional Insured Parties”ii) as for severability of interests or that the 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; (iii) that the insurer agrees not to cancel or alter the policy without at least thirty (30) days prior written notice to all additional insureds; (iv) that the aggregate liability applies solely to the Premises and the remainder of the Building; and (bv) be that Tena▇▇'▇ ▇nsurance is primary insurance as to all claims thereunder and provide that noncontributing with any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 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. 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. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements.
Appears in 1 contract
Sources: Office Lease (Del Monte Foods Co)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State or Commonwealth in which the Project is located; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Sources: Office Lease (Arthrocare Corp)
Form of Policies. The minimum limits of policies of ---------------- insurance required to be carried by 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 that has an interest in the Real Property, Building or Premises, as an additional insured (but Tenant shall not limit be required to name Landlord as an additional insured with respect to Tenant’s liability. Such 's property damage insurance shall described in Section 10.3.2 (i) above) ; (ii) specifically cover the liability maintained by Tenant under this Lease, including, but not limited to, Tenant's obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best's Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the state in which the Building is located; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as and any mortgagee or ground or underlying lessor of Landlord; (vi) contain a loss payee cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) contain deductibles reasonably approved by Landlord (which deductibles with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe insurance described in Section 10.3.2 shall in no event exceed $10,000.00). Tenant shall deliver certificates of such insurance policies to Landlord, on or Landlord at least five (5) days before the Commencement Insurance Start Date and at least 15 fifteen (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 equivalentsuch policies. 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. Upon Landlord’s request, If Tenant shall fail to procure such insurance, or to deliver to Landlord, in lieu of such certificates, copies 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 policies account of insurance required Tenant, and the cost thereof shall be paid to be carried under Section 10.2 showing that the Landlord as Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured ImprovementsRent within ten (10) days after delivery of bills therefor.
Appears in 1 contract
Sources: Office Lease (Homestore Com Inc)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party it so specifies, as an additional insured; (ii) 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; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be VII in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the state in which the Building is located; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as and any mortgagee or ground or underlying lessor of Landlord; and (vi) contain a loss payee with respect cross-liability endorsement or severability of interest clause acceptable to Tenant’s Property Insurance on any Tenant-Insured ImprovementsLandlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 (or equivalent) there shall be an endorsement designating Landlord as a loss payee with respect Additional Rent within five (5) days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Sources: Office Lease (Nara Bancorp Inc)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord so specifies that has a material financial interest in the Project, as an additional 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall not be canceled or coverage changed unless ten (10) days’ prior written notice shall have been given to Landlord shall be designated as a loss payee with respect and any mortgagee of Landlord, the identity of whom has been provided to Tenant’s Property Insurance on any Tenant-Insured ImprovementsTenant in writing. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 ten (10) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, after written notice to Tenant and Tenant’s failure to obtain such insurance company on within five (5) days thereafter, procure such policies for the forms currently designated “▇▇▇▇▇ 25” (Certificate account of Liability Insurance) Tenant, and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within thirty (or equivalent30) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Sources: Office Lease (Ixia)
Form of Policies. The minimum limits of All insurance policies required to be carried by Tenant shall not limit Tenant’s liability. Such insurance shall be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall be in form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance under this Lease shall (ai) be written by companies rated A8 or better in "Best's Insurance Guide" and authorized to do business in California, (ii) name the Landlord Parties Landlord, SENTRE Partners, Inc., any lender designated by Landlord, and any other party designated by Landlord (“Additional Insured Parties”) subsequent property management company for the Project as additional insureds; , (iii) as to liability coverages, be written on an "occurrences" basis, (iv) provide that Landlord shall receive at least fifteen (15) days notice from the insurer before any cancellation or change in coverage, and (bv) 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 (to the extent such a provision is included in broad form commercial general liability insurance). 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 non-contributing with Tenant’s insurance. respect to any policies carried by Landlord and that any coverage carried by Landlord shall be designated as a loss payee with respect excess insurance. Any deductible amounts under any insurance policies required hereunder shall be subject to Tenant’s Property Insurance on Landlord's prior written approval (which shall not be unreasonably withheld) and in any Tenant-Insured Improvementsevent Tenant shall be liable for payment of same in the event of any casualty. Tenant shall deliver reasonably satisfactory evidence of such insurance to Landlord, Landlord on or before the Commencement Date Date, and thereafter at least 15 thirty (30) days before the expiration dates thereofof expiring policies; and, certificates in the event Tenant shall fail to procure such insurance or to deliver reasonably satisfactory evidence thereof within five (5) Business Days after written notice from Landlord of such failure, Landlord may, at its option and in addition to Landlord's other remedies in the event of a default by Tenant hereunder, procure such insurance for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming paid to Landlord as Additional Charges. Notwithstanding the Additional Insured Parties as additional insuredsforegoing, 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 Tenant immediately and without notice to Tenant, and attached to the ▇▇▇▇▇ 28 (or equivalent) there cost thereof shall be an endorsement designating paid to 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 companyAdditional Charges. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies The limits of the policies of insurance required to be carried under Section 10.2 showing that this Lease shall not limit the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to liability of Tenant’s Property Insurance on any Tenant-Insured Improvements.
Appears in 1 contract
Sources: Office Building Lease (Kintera Inc)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, Landlord’s managing agent, and any other party the Landlord so specifies (“Additional Insured Parties”), as an additional insured; (ii) 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; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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 of Landlord. With respect to the umbrella liability coverage, Tenant, at Tenant’s insurance. sole expense, shall procure a “per location” endorsement or equivalent reasonably acceptable to Landlord shall be designated as a loss payee with respect so that the general aggregate and other limits apply separately and specifically to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe Premises. Tenant shall deliver to Landlord, on or before the Lease Commencement Date and at least 15 ten (10) business days before the expiration dates thereof, certificates a certification from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇A▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇and “A▇▇▇▇ 25 25-S” (Certificate of Liability Insurance), or the equivalent) there shall be , provided that attached to the A▇▇▇▇ 25-S is 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 which shall be binding on Tenant’s insurance company, and which shall expressly (a) provide that such certification conveys to the Additional Insured Parties all the rights and privileges afforded under the policies as primary insurance, and (b) contain an unconditional obligation of the insurance company to advise all of the Additional Insured Parties in writing by certified mail, return receipt requested, at least thirty (30) days in advance of any termination or change to the policies that would affect the interest of any of the Additional Insured Parties, except that ten (10) days’ prior written notice may be given in the case of nonpayment of premiums. Upon In lieu of such certificates, Landlord shall have the right to require Tenant to deliver to Landlord’s request, and if so required by Landlord, Tenant shall deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under pursuant to Section 10.2 10.3 showing that the Additional Insured Parties are named as additional insureds insureds. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and that the cost thereof shall be paid to Landlord is designated as a loss payee with respect within five (5) days after delivery to Tenant’s Property Insurance on any Tenant-Insured ImprovementsTenant of bills therefor.
Appears in 1 contract
Sources: Office Lease (ShoreTel Inc)
Form of Policies. The minimum limits of policies of ------------------ insurance required of Tenant under this Lease shall limit the liability of Tenant under this Lease with respect to be carried claims covered by such insurance. Tenant's insurance required under this Lease shall (i) name Landlord, and any other party it so specifies, as an additional insured; (ii) specifically cover the liability assumed by Tenant shall under this Lease, including, but not limit limited to, Tenant’s liability. Such insurance shall 's obligations under SECTION 7.1 of this Lease; (iii) be issued by an ------------ insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best's Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; and (v) provide that said insurance shall not be canceled or coverage materially reduced unless thirty (30) days' prior written notice shall have been given to Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord. Tenant shall deliver said policy or policies or certificates thereof, along with proof of payment of premium, or an indication that Tenant elects to Landlord, self-insure pursuant to SECTION 7.3.5 above to Landlord on or before the Lease Commencement ------------- Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall shall: (i) name Landlord, Landlord’s lenders, the lessors of any ground or underlying lease with respect to the Real Property and any other party Landlord so specifies, as an additional insured; (ii) specifically cover the liability assumed by Tenant under this Lease to the extent insurable by a commercially reasonably available Commercial General Liability Policy, including, but not limited to, Tenants obligations under Article 2 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the state in which the Real Property is located; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing is noncontributing with any insurance requirement of Tenant’s insurance. Landlord ; (v) provide that said insurance shall not be canceled or coverage changed unless thirty (30) days’ prior written notice shall be designated as given in accordance with the provisions of the policy; (vi) contain a loss payee cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe insurance required in Sections 10.2(a), 10.2(b), 10.2(d) and 10.2(e) above, have deductible amounts not exceeding $5,000.00. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Commencement Date and at least 15 within fifteen (15) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, certificates from or to deliver such policies 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 16.1, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties paid to Landlord as additional insureds, and attached to the ▇▇▇▇▇ 28 rent within ten (or equivalent10) 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 deliver to Landlord, in lieu days after delivery of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Sources: Office Lease (Nuvectra Corp)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall shall: (i) name Landlord, and any other party it so specifies, as an additional insured; (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 that has an A.M. Best having a rating of not less than A-VIII and shall be VII in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in she state in which the Project is located; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as and any mortgagee or ground or underlying lessor of Landlord; (vi) contain a loss payee cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe insurance required in Sections 10.3.1 and 10.3.3 above, have deductible amounts not exceeding Twenty Five Thousand Dollars ($25,000.00) unless Landlord approves the higher amount in writing. Tenant shall deliver such policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 ten (10) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, certificates from or to deliver such policies 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’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming paid to Landlord as Additional Rent within ten (10) 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, including adjustments required by holders of indebtedness secured by the Additional Insured Parties as additional insuredsProject, 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 deliver then use its best efforts promptly to Landlord, in lieu of such certificates, copies of obtain the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementscoverages or limits.
Appears in 1 contract
Form of Policies. The minimum limits of All insurance policies required to be ---------------- carried by Tenant under this Lease shall not limit Tenant’s liability. Such insurance shall (i) be issued written by an insurance company that has an A.M. Best rating of not less than A-VIII and shall be companies rated A 10 or better in form and content reasonably "Best's Insurance Guide," or as acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall , and authorized to do business in California, (aii) name the Landlord Parties Landlord, SENTRE Partners, Inc. and any other party parties designated by Landlord (“Additional Insured Parties”) 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 (bv) 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 non-contributing with Tenant’s insurance. respect to any policies carried by Landlord and that any coverage carried by Landlord shall be designated as a loss payee with respect excess insurance. Any deductible amounts under any insurance policies required hereunder shall be subject to Tenant’s Property Insurance on Landlord's prior written approval (which shall not be unreasonably withheld) and in any Tenant-Insured Improvementsevent Tenant shall be liable for payment of same in the event of any casualty. Tenant shall deliver reasonably satisfactory evidence of such insurance to Landlord, Landlord on or before the Commencement Date Date, and thereafter at least 15 thirty (30) days before the expiration dates thereofof expiring policies; and, certificates in the event Tenant shall fail to procure such insurance or to deliver reasonably satisfactory evidence thereof within five (5) business days after written notice from Landlord of such failure, Landlord may, at its option and in addition to Landlord's other remedies in the event of a default by Tenant hereunder, procure such insurance for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming paid to Landlord as Additional Charges. Notwithstanding the Additional Insured Parties as additional insuredsforegoing, 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 Tenant immediately and without notice to Tenant, and attached to the ▇▇▇▇▇ 28 (or equivalent) there cost thereof shall be an endorsement designating paid to 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 companyAdditional Charges. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies The limits of the policies of insurance required to be carried under Section 10.2 showing that this Lease shall not limit the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to liability of Tenant’s Property Insurance on any Tenant-Insured Improvements.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall shall: (i) name Landlord, Principal Real Estate Investors, LLC, Landlord’s property manager, and any other party it so specifies in its reasonable discretion, as an additional insured; (ii) 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; (iii) be issued by an insurance company that has an A.M. Best (a) having a rating of not less than A-VIII and shall be X in form and content Best’s Insurance Guide or which is otherwise reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and , (b) licensed to do business in the State of California, and (c) domiciled in the United 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’s insurance. Landlord shall be designated as ; and (v) contain a loss payee with respect cross-liability endorsement or severability of interest clause acceptable to Tenant’s Property Insurance on any Tenant-Insured ImprovementsLandlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Commencement Insurance Start Date and at least 15 days before prior to the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “costs of such policies (and any other costs incurred and/or damages suffered by Landlord in connection with ▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” ’s failure to procure such insurance) shall be paid to Landlord as Additional Rent within five (Evidence 5) days after delivery to Tenant of Commercial Property Insurance) or bills therefor. Tenant shall have the equivalent. Attached right to provide insurance coverage which it is obligated to carry pursuant to the ▇▇▇▇▇ 25 (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insuredsterms of this Article 10 in a blanket policy, and attached provided such blanket policy expressly affords coverage to the ▇▇▇▇▇ 28 (or equivalent) there shall be an endorsement designating Premises and to Landlord as a loss payee with respect to Tenant’s Property Insurance on required by this Lease. Additionally, should any Tenant-Insured Improvements, and each such endorsement shall be binding on of Tenant’s insurance company. Upon Landlord’s requestpolicies 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, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementspromptly upon receipt.
Appears in 1 contract
Sources: Office Lease (Movano Inc.)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party it so specifies, as an additional insured; (ii) 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; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best's Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as and any mortgagee of Landlord; and (vi) contain a loss payee with respect cross-liability endorsement or severability of interest clause acceptable to Tenant’s Property Insurance on any Tenant-Insured ImprovementsLandlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof, certificates from Tenant’s insurance company on . If Tenant fails to carry the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) amounts and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. 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. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies of the policies types of insurance required to be carried by it pursuant to this ARTICLE 10, in addition to any remedies Landlord may have under Section 10.2 showing that the Additional Insured Parties are named as additional insureds this Lease, such failure shall be deemed to be a covenant and that Landlord is designated as a loss payee agreement by Tenant to self-insure with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe type and amount of insurance which Tenant so failed to carry, with full waiver of subrogation with respect thereto.
Appears in 1 contract
Form of Policies. The minimum limits All policies shall be written in a form satisfactory to Landlord and shall be maintained with insurance companies holding a “General Policyholder’s Rating” of insurance required to be A, and a financial rating of X, or better, as set forth in the most current issue of “Best’s Insurance Guide”. Insurance policies carried by Tenant hereunder shall (i) name Landlord and if requested, Landlord’s lenders) as an additional insured and provide certificate(s) of insurance thereof to Landlord’s lenders) if applicable, (ii) be ant occurrence policy (or policies), (iii) specifically cover the liability assumed by Tenant under this Lease including, but not limit limited to, Tenant’s liability. Such insurance shall be issued by an insurance company that has an A.M. Best rating of not less than A-VIII obligations under Section 8.4 and shall be in form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Section 12.7 hereof, (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and nonnoncontributing with any insurance required of Tenant, and (v) contain a cross-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect liability endorsement or severability of interest clause acceptable to Tenant’s Property Insurance on any Tenant-Insured ImprovementsLandlord. Tenant shall deliver to Landlord and Landlord’s lenders) if applicable copies of policies or original certificates evidencing the existence of the amounts and forms of coverage satisfactory to Landlord. No such policy shall be cancelable or reducible in coverage except alter thirty (30) days’ prior written notice to Landlord. Tenant shall, on or before the Commencement Date and at least 15 within ten (10) days before prior to the expiration dates of such policies, furnish Landlord with renewals or “binders” thereof, certificates from or Landlord may order such insurance and charge the cost thereof to Tenant as Additional Rent. Notwithstanding anything to the contrary contained herein, Tenant’s obligation to carry insurance company on the forms currently designated may be satisfied by coverage under a so-called “▇▇▇▇▇ 25blanket policy” (Certificate or policies of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached insurance; provided, however, that all insurance certificates provided by Tenant to the ▇▇▇▇▇ 25 (or equivalent) there Landlord pursuant to Section 4.6 herein 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 reflect that Tenant has been afforded coverage specifically with respect to Tenantthe Premises, Landlord and Landlord’s Property Insurance on any Tenant-Insured Improvements, and each such endorsement mortgagee(s) or beneficiary(ies) shall be binding on Tenant’s insurance company. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds insured’s as their interests may appear, the coverage afforded Landlord shall not be reduced or diminished and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe requirements set forth in this Lease shall be otherwise satisfied by such blanket policy or policies.
Appears in 1 contract
Sources: Lease Agreement (Bank Holdings)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall shall: (i) (A) with respect to Tenant's liability insurance, name Landlord, and any other party it so specifies that has an interest in the Real Property, Building or Premises, as an additional insured, and (B) with respect to Physical 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 obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best's Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the state in which the Real Property is located; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as a and any other additional insured or loss payee for which Tenant has been given an address for such notice; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe insurance required in Sections 10.3.1 and 10.3.2 above, have -23- deductible amounts not exceeding $25,000.00. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, certificates from or to deliver such policies 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’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid 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 deliver to Landlord, in lieu Additional Rent within thirty (30) days after delivery of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Sources: Office Lease (Websense Inc)
Form of Policies. The minimum limits of policies of insurance required to be carried by ---------------- of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord so specifies (if such party has an insurable interest), as an additional 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 of this Lease to the ------------ extent consistent with commercially standard policies of such insurance coverage,; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best's Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 ten (10) days' prior written notice shall have been given to Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 ten (10) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within ten (or equivalent10) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Sources: Lease (Diversa Corp)
Form of Policies. The Except as otherwise expressly provided in Section 10.5 or elsewhere in this Lease, the minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance insurance, except that in Section 10.3.3 above, shall (i) name Landlord, and, upon Landlord's written request, Landlord Parties as additional insureds, including Landlord's managing agent, if any; (ii) include a waiver of subrogation in favor of Landlord and additional insured entities; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be “A-“ “VIII” in form and content reasonably Best's Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and permitted to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) be primary and noncontributory insurance as to all claims thereunder and provide that any insurance carried by Landlord or Landlord Parties is excess and is non-contributing with any insurance requirement of Tenant’s insurance; and (v) be in form and content reasonably acceptable to Landlord. Tenant shall notify Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on promptly of any Tenant-Insured Improvementscancellation of such policies. Tenant shall deliver said certificates of insurance on a form reasonably acceptable to LandlordLandlord and copies of additional 795344.01/WLA 377082-00004//ejs/ejs -28- ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ [Arrowhead Pharmaceuticals, Inc.] insured and waiver of subrogation endorsements 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 15 five (5) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates or to deliver such policies or certificate, within five (5) days after written notice from Landlord, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within thirty (or equivalent30) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of insurance required to be carried by Tenant shall not limit Tenant’s liability. Such insurance shall (i) be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall a certificate of authority issued by the California Insurance Commissioner; (ii) be in form and content reasonably acceptable to Landlord; and (iii) provide that it shall not be canceled or materially changed without 30 days’ prior notice to Landlord, except that 10 days’ prior notice may be given in the case of nonpayment of premiums. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties Landlord, Landlord’s managing agent, and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 15 days before the expiration dates thereof, certificates from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 2528” (Certificate Evidence of Liability Commercial Property Insurance) and “▇▇▇▇▇ 2825-S” (Evidence Certificate of Commercial Property Liability Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) 25-S 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 insureds which shall be binding on Tenant’s insurance companycompany 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsinsureds.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord and Landlord’s property manager (and any lender or lenders designated by Landlord to Tenant) as additional insureds (such requirement shall not apply to worker’s compensation insurance); (ii) be written on an “occurrence” basis and have a deductible which does not exceed the deductible amount(s) maintained by similarly situated tenants in other Comparable Buildings; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance; (v) include an endorsement providing that said insurance shall not be canceled unless thirty (30) days’ prior written notice shall have been given to Landlord; and (vi) contain a separation of insureds endorsement acceptable to Landlord. The cost of defending any claims made against any of the policies required to be carried by Tenant shall not be included in any of the limits of liability for such policies. It is the specific intent of Landlord and Tenant that all insurance held by Landlord (or the Landlord Parties, as applicable) shall be designated as a loss payee with respect excess above the insurance required to Tenant’s Property Insurance on any Tenant-Insured Improvementsbe obtained by Tenant under this Lease. Tenant shall deliver said policies or certificates thereof to Landlord, Landlord on or before the Commencement Date date Tenant takes possession of the Premises for any purpose and at least 15 thirty (30) days before the expiration dates thereof, certificates from Tenant’s . Each certificate of insurance company shall name Landlord as the certificate holder. Tenant shall either provide Landlord with a blanket additional insured endorsement which evidences the fact that each of the parties named above is covered as an additional insured on the forms currently designated “Commercial General Liability Insurance policy required under Section 10.3.1 or originals of the endorsements to the Commercial General Liability Insurance policy providing equivalent or greater coverage than that provided by ISO Form CG 20 10 11 85, which include the following exact wording: It is agreed that Dublin Corporate Center Owner LLC, ▇▇▇▇▇ 25” (Certificate of Liability Insurance) Interests Limited Partnership, and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there shall be an endorsement naming the Additional Insured Parties as their respective members, managers, partners, officers, directors, affiliates, agents, employees, successors and assigns are additional insureds, and attached to the ▇▇▇▇▇ 28 (or equivalent) there shall be an endorsement designating Landlord as a loss payee . The coverage under this policy is primary insurance with respect to Tenant’s Property Insurance liability arising out of the occupancy, maintenance or use of the premises leased to DOMA HOLDINGS, INC., a Delaware corporation. Such endorsements must be separate from certificates of insurance. Unless Tenant provides Landlord with a blanket additional insured endorsement which evidences the fact that each of the parties listed above is covered as an additional insured on any Tenantthe CGL policy required above, it is not acceptable to have the above-Insured Improvements, and each such endorsement shall be binding referenced language typed or written on Tenant’s the certificates of insurance company. Upon Landlord’s request, Tenant shall deliver to Landlord, in lieu of such certificates, copies of providing Landlord with the policies required endorsements. Each certificate of insurance and endorsement required hereunder must have an original signature. Rubber stamped signatures will not be accepted. Should Tenant at any time fail to provide the insurance required by this Lease, or should such insurance be carried under Section 10.2 showing that cancelled, Landlord shall have the right (after giving Tenant five (5) days’ notice, with opportunity to cure such failure or cancellation), but not the duty, to procure the same and Tenant shall pay the cost thereof as Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to TenantRent within ten days after Landlord’s Property Insurance on any Tenant-Insured Improvementsdemand.
Appears in 1 contract
Sources: Office Lease (Doma Holdings, Inc.)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, Additional Insureds, and any other party the Landlord so specifies, as an additional insured, with the exception of Worker's Compensation and Employers Liability per Section 10.3.4 above; (ii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best's Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biii) 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’s insurance; (iv) be in form and content reasonably acceptable to Landlord; and (v) Tenant shall provide Landlord no less than thirty (30) days' written notice prior to the cancellation, non-renewal, or material alteration of any of Tenant's Insurance policies. If the use and occupancy of the Premises include any activity or matter that is or may be excluded from coverage under a commercial general liability policy (e.g., the sale, service or consumption of alcoholic beverages), Tenant shall obtain such endorsements to the commercial general liability policy or otherwise obtain insurance to insure all liability arising from such activity or matter, including liquor liability, if applicable, in such amounts as Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsmay reasonably require. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the date Tenant enters or occupies the Premises or, if earlier, the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. Further, certificates Landlord shall have the right, from time to time, to request copies of policies of Tenant’s 's insurance company on required hereunder, which Tenant shall thereafter provide within ten (10) business days. No review or approval of any insurance certificate or policy by Landlord shall derogate from or diminish Landlord's rights or Tenant's obligations hereunder. In the forms currently designated “▇▇▇▇▇ 25” (Certificate event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Liability Insurance) Tenant, and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof, plus Landlord's reasonable standard administrative fee, shall be an endorsement naming the Additional Insured Parties as additional insuredspaid to Landlord within five (5) days after delivery to Tenant of bills therefor. In addition, any such deductible or self-insured retention amount required under Tenant's insurance policies shall not exceed $25,000, unless otherwise approved by Landlord in writing. Any such deductible and attached to the ▇▇▇▇▇ 28 (or equivalent) there self-insured retention amount shall be an endorsement designating Landlord as a loss payee with respect to the sole responsibility of 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements.
Appears in 1 contract
Sources: Office Lease (INPHI 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: (i) (with respect to the property and liability insurance required to be carried maintained by Tenant shall hereunder), name Landlord and Landlord's lender(s) and ground lessor(s) as additional named insureds as their respective interests may appear, including without limitation one or more loss payee endorsements on the property insurance in favor of the holders of any mortgages or deeds of trust encumbering the interest of Landlord in the Demised Premises or the ground or underlying lessors of the Land, or any portion thereof (except with respect to Tenant's business interruption insurance provided in Tenant's property insurance), (ii) specifically cover the liability assumed by Tenant under this Lease, including, but not limit limited to, Tenant’s liability. Such insurance shall 's obligations under Section 8.1 of this Lease, (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best's Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State in which the Demises Premises is located, (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with any insurance requirement of Tenant’s insurance. , (v) provide that said insurance shall not be cancelled or coverage changed unless thirty (30) days' prior written notice shall have been given to Landlord and any lender or ground lessor of Landlord's, (vi) contain in the liability insurance policy a cross liability endorsement or severability of interest clause acceptable to Landlord and (vii) shall be designated as not have a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsdeductible in excess of $25,000. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. Tenant shall, certificates from at Tenant’s 's sole cost and expense, comply with all insurance company on requirements pertaining to the forms currently designated “▇▇▇▇▇ 25” Demised Premises. Tenant, at Tenant's expense, shall comply with all rules, orders, regulations or requirements of the American Insurance Association (Certificate formerly the National Board of Liability InsuranceFire Underwriters) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalentwith any similar body. Attached to the ▇▇▇▇▇ 25 (or equivalent) there Landlord shall be an endorsement naming entitled to increase any or all of the Additional Insured Parties minimum insurance coverages provided for in this Lease to such higher amounts as additional insureds, and attached to the ▇▇▇▇▇ 28 (or equivalent) there Landlord 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 deliver to Landlorddeem, in lieu of its good faith determination, to be appropriate, provided such certificates, copies of the policies of insurance higher amounts are typically required to be carried under Section 10.2 showing that on similar commercial properties in the Additional Insured Parties are named New York metropolitan area. Tenant shall have the right to provide insurance coverage for which it is obligated pursuant to Article 8 in a blanket policy, provided such blanket policy expressly affords coverage in the Demised Premises and to Landlord as additional insureds required herein and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementssuch coverage shall be property specific and shall not be limited in amount by claims at other properties under such blanket insurance policy.
Appears in 1 contract
Sources: Lease Agreement (Access Integrated 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. Tenant’s liability and business auto liability insurance shall (i) name Landlord, The ▇▇▇▇▇▇ Companies, Inc., Landlord’s Mortgagee (provided Landlord delivers notice of the name and address of its Mortgagee to be carried Tenant), and any other party the Landlord so specifies with an insurable interest, as an additional insureds, including Landlord’s managing agent, if any; (ii) specifically cover the liability assumed by Tenant shall under this Lease, including, but not limit limited to, Tenant’s liability. Such insurance shall obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be A-:VIII in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of Nevada; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance; (v) be in form and content reasonably acceptable to Landlord; and (vi) if available at a commercially reasonable premium, 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 (provided Landlord delivers notice of the name and address of such Mortgagee to Tenant). Landlord The deductibles for all insurance required to be maintained by Tenant hereunder shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementscommercially reasonable. Tenant shall deliver certificates for such insurance to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Sources: Office Lease (HMS Holdings Corp)
Form of Policies. The minimum limits of policies of insurance required of Tenant and Landlord under this Lease shall in no event limit the liability of Tenant and Landlord, as applicable, under this Lease. Such Tenant insurance shall (i) with respect to be carried liability coverage, name Landlord, and any other party the Landlord so specifies, as an additional insured, including Landlord's managing agent, if any; (ii) specifically cover the liability assumed by Tenant shall under this Lease, including, but not limit limited to, Tenant’s liability. Such insurance shall 's obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be A-:VIII in form and content reasonably Best's Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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 consistent with the commercial leasing market in the geographic region in which the Project is located. Tenant shall provide to Landlord at least ten (10) days prior notice of cancellation or material adverse change in Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsinsurance so that it becomes less than the coverages required by this Lease. Tenant shall deliver certificates of its policies to Landlord, Landlord on or before the Lease Commencement Date and at least 15 ten (10) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such certificate, Landlord may, at its option and after notice and Tenant’s insurance company on failure to show evidence of such coverage within five (5) business days thereafter, procure such policies for the forms currently designated “▇▇▇▇▇ 25” (Certificate account of Liability Insurance) Tenant, and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within thirty (or equivalent30) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Sources: Office Lease (Atlassian Corp PLC)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall 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 Landlord so specifies, as an additional insured; (ii) 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; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the state in which the Real Property is located; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as and any mortgagee or ground or underlying lessor of Landlord; (vi) contain a loss payee cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe insurance required in Sections 10.3.1, 10.3.2, 10.3.4 and 10.3.5 above, have deductible amounts not exceeding Five Thousand Dollars ($5,000.00). Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, certificates from or to deliver such policies 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’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid 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 deliver to Landlord, in lieu Additional Rent within ten (10) days after delivery of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, Landlord's lender, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be A-:X in form and content reasonably Best's Insurance S:\PFG\Castlight Health Lease\Lease_RV11.docx: 5/6/15 Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. Landlord shall ; (v) be designated as a loss payee in form and content reasonably acceptable to Landlord; and (vi) with respect deductible amounts not to Tenant’s Property Insurance on any Tenant-Insured Improvementsexceed Five Thousand Dollars ($5,000). Tenant shall deliver certificates of such policies to Landlord, Landlord on or before the Lease Commencement Date and and, thereafter, at least 15 thirty (30) days before the expiration dates thereof. 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, certificates or to deliver such certificate, within three (3) business days after notice of such failure from Landlord, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
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 insurance required to be carried by Tenant shall not limit Tenant’s liability. Such insurance which shall be issued by an insurance company that has an A.M. Best rating of not less than A-VIII and shall be in form and content reasonably acceptable endorsed as needed to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) 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 non-contributing secondary and shall not contribute with Tenant’s 's liability insurance. Landlord shall be designated as :
(a) A policy of commercial general liability insurance, including a contractual liability endorsement covering Tenant's obligations under the paragraph captioned "INDEMNIFICATION", insuring against claims of bodily injury and death or property damage or loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before a combined single limit at the Commencement Date of this Lease of not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate, which limit shall be reasonably increased during the Lease Term at least 15 days before Landlord's request to reflect both increases in liability exposure arising from inflation as well as from changing use of the expiration dates thereofPremises or changing legal liability standards, certificates from which policy shall be payable on an "occurrence" rather than a "claims made" basis, and which policy identifies Landlord and Manager and, at Landlord'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 insurance company 's Improvements and Tenant's Alterations, furniture, fixtures, equipment, inventory, and other personal property located on the forms currently designated “▇▇▇▇▇ 25” Premises for one hundred percent (Certificate 100%) of Liability Insurancethe current replacement value of such property; (c)Business interruption insurance in an amount sufficient to cover costs, damages, lost income, expenses, Base Rent, Additional Rent and all other 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 “▇▇▇▇▇ 28” employer's liability insurance with limits of no less than One Million Dollars (Evidence $1,000,000); and (e)A policy of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there shall be an endorsement naming the Additional Insured Parties as additional insuredscomprehensive automobile liability insurance, including loading and unloading, and attached to the ▇▇▇▇▇ 28 covering owned, non-owned and hired vehicles, with limits of no less than One Million Dollars (or equivalent$1,000,000) 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsper occurrence.
Appears in 1 contract
Sources: Industrial Lease (Oakley Inc)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, and any other party the Landlord so specifies, as an additional 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 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best's Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of Arizona; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as a loss payee with respect to Tenant’s Property Insurance on and any Tenant-Insured Improvementsmortgagee of Landlord. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and shall deliver a renewal policy or renewal certificate thereof to Landlord at least 15 thirty (30) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Sources: Office Lease (Nextcard Inc)
Form of Policies. The minimum limits of insurance required to be carried by Tenant shall not limit Tenant’s liability. Such insurance shall be issued by an insurance company that has an A.M. A.M Best rating of not less than A-VIII and shall be in form and content reasonably acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (b) be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and non-contributing with Tenant’s insurance. Landlord shall be designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements. Tenant shall deliver to Landlord, on or before the Commencement Date and at least 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. , 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. Upon Landlord’s request, . Tenant shall deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvements.
Appears in 1 contract
Sources: Office Lease (Rocket Fuel Inc.)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) name Landlord, Landlord’s managing agent, and any other party the Landlord so specifies (“Additional Insured Parties”), as an additional insured; (ii) 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; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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 reduced unless thirty (30) days’ prior written notice shall have been given to Landlord and any mortgagee of Landlord. With respect to the umbrella liability coverage, Tenant, at Tenant’s insurance. sole expense, shall procure a “per location” endorsement or equivalent reasonably acceptable to Landlord shall be designated as a loss payee with respect so that the general aggregate and other limits apply separately and specifically to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe Premises. Tenant shall deliver to Landlord, on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof, certificates a certification from Tenant’s insurance company on the forms currently designated “▇▇▇▇▇ 2528” (Certificate Evidence of Liability Commercial Property Insurance) and “▇▇▇▇▇ 2825-S” (Evidence Certificate of Commercial Property Liability Insurance) ), or the equivalent. Attached , provided that attached to the ▇▇▇▇▇ 25 (or equivalent) there shall be 25-S is 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 which shall be binding on Tenant’s insurance company. Upon Landlord’s request, Tenant and which shall deliver to Landlord, in lieu of such certificates, copies expressly contain an unconditional obligation of the policies insurance company to advise all of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds in writing by certified mail, return receipt requested, at least thirty (30) days in advance of any termination or change to the policies that would affect the interest of any of the Additional Insured Parties, except that ten (10) days’ prior written notice may be given in the case of nonpayment of premiums. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant, and that the cost thereof shall be paid to Landlord is designated as a loss payee with respect within thirty (30) days after delivery to Tenant’s Property Insurance on any Tenant-Insured ImprovementsTenant of bills therefor.
Appears in 1 contract
Sources: Office Lease (KBS Real Estate Investment Trust II, Inc.)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall shall: (i) (A) with respect to Tenant's liability insurance, name Landlord, and any other party it so specifies that has an interest in the Real Property, Building or Premises, as an additional insured, and (B) with respect to Physical 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 obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be X in form and content reasonably Best's Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the state in which the Real Property is located; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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’s insurance. ; (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 shall be designated as a and any other additional insured or loss payee for which Tenant has been given an address for such notice; (vi) contain a cross-liability endorsement or severability of interest clause acceptable to Landlord; and (vii) with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsthe insurance required in Sections 10.3.1 and 10.3.2 above, have deductible amounts not exceeding $25,000.00. Tenant shall deliver said policy or policies or certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 thirty (30) days before the expiration dates thereof. If Tenant shall fail to procure such insurance, certificates from or to deliver such policies 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’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid 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 deliver to Landlord, in lieu Additional Rent within thirty (30) days after delivery of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Sources: Office Lease (Websense Inc)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance shall (i) in the case of the coverage required under Sections 10.3.1 and 10.3.3 above, name Landlord, and any other party Landlord reasonably specifies, as an additional insured, including Landlord's managing agent, if any; (ii) cover the liability assumed by Tenant under this Lease, including, but not limited to, Tenant's obligations under Section 10.1 of this Lease; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be in form and content reasonably Best's Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and licensed to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) 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) if commercially available, 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 (provided, however, that as of the date of this Lease, Landlord acknowledges that a majority of insurers are unwilling to provide the endorsement described in this clause (vi) and agrees that if Tenant’s insurance. Landlord insurer is similarly unwilling to provide such endorsement, Tenant’s obligation pursuant to the provisions of this clause (vi) shall be designated as a loss payee with respect to promptly notify Landlord upon receipt by Tenant of any notice from Tenant’s Property Insurance on insurer of any Tenant-Insured Improvementscancellation, failure to renew, reduction of amount of insurance or change in coverage). Tenant shall deliver said policy or policies or, at Tenant’s option, certificates thereof to Landlord, Landlord on or before the Lease Commencement Date and at least 15 within seven (7) days before following the expiration renewal dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option with notice to Tenant’s insurance company on , procure such policies for the forms currently designated “▇▇▇▇▇ 25” (Certificate account of Liability Insurance) Tenant, and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within thirty (or equivalent30) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract
Sources: Office Lease (Penumbra Inc)
Form of Policies. The minimum limits of policies of insurance required to be carried by of Tenant under this Lease shall not in no event limit Tenant’s liabilitythe liability of Tenant under this Lease. Such insurance insurance, except that in Section 10.3.3 above, shall (i) name Landlord, and Landlord Parties as additional insureds, including Landlord’s managing agent, if any; (ii) include a waiver of subrogation in favor of Landlord and additional insured entities; (iii) be issued by an insurance company that has an A.M. Best having a rating of not less than A-VIII and shall be “A-” “VIII” in form and content reasonably Best’s Insurance Guide or which is otherwise acceptable to Landlord. Tenant’s Commercial General Liability Insurance shall Landlord and permitted to do business in the State of California; (a) name the Landlord Parties and any other party designated by Landlord (“Additional Insured Parties”) as additional insureds; and (biv) be primary and noncontributory insurance as to all claims thereunder and provide that any insurance carried by Landlord or Landlord Parties is excess and is non-contributing with any insurance requirement of Tenant’s insurance. Landlord ; (v) be in form and content reasonably acceptable to Landlord; and (vi) provide that said insurance shall be designated as a loss payee with respect provide at least thirty (30) days’ (ten (10) days’ for non-payment of premium) prior written notice of cancellation shall have been given to Tenant’s Property Insurance on any Tenant-Insured ImprovementsLandlord. Tenant shall deliver said certificates of insurance on a form reasonably acceptable to Landlord, Landlord and copies of additional insured and waiver of subrogation endorsements 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 15 five (5) days before the expiration dates thereof. In the event Tenant shall fail to procure such insurance, certificates from or to deliver such policies or certificate, Landlord may, at its option, procure such policies for the account of Tenant’s insurance company on , and the forms currently designated “▇▇▇▇▇ 25” (Certificate of Liability Insurance) and “▇▇▇▇▇ 28” (Evidence of Commercial Property Insurance) or the equivalent. Attached to the ▇▇▇▇▇ 25 (or equivalent) there cost thereof shall be an endorsement naming the Additional Insured Parties as additional insureds, and attached paid to the ▇▇▇▇▇ 28 Landlord within five (or equivalent5) there shall be an endorsement designating Landlord as a loss payee with respect days after delivery 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 deliver to Landlord, in lieu of such certificates, copies of the policies of insurance required to be carried under Section 10.2 showing that the Additional Insured Parties are named as additional insureds and that Landlord is designated as a loss payee with respect to Tenant’s Property Insurance on any Tenant-Insured Improvementsbills therefor.
Appears in 1 contract