Common use of Lessor to insure Clause in Contracts

Lessor to insure. The Lessor shall throughout the Term carry: (a) insurance on the Building (excluding the foundations and excavations) and the machinery, boilers and equipment in or servicing the Building and owned by the Lessor or the owners of the Building (excluding any property which the Lessee and other tenants are obliged to insure under Section 9.1 or similar sections of their respective leases) against damage by fire and extended perils coverage; (b) public liability and property damage insurance with respect to the Lessor's operations in the Building; and (c) such other form or forms of insurance as the Lessor reasonably considers advisable. Such insurance shall be in such reasonable amounts and with such reasonable deductibles as would be carried by a prudent owner of a reasonably similar building, having regard to size, age and location. Notwithstanding any other provision of this Lease, the Lessor's insurance shall contain a waiver of subrogation by the insurers against the Lessee and its subtenants to the extent such waiver is commercially available. The Lessor, acting reasonably, shall have the right to determine that if insurance premiums for the Building shall increase materially in the sole opinion of the Lessor, acting reasonably, as a consequence of a claim being made pursuant to such insurance (provided that this clause shall not apply to claims pursuant to any public liability insurance), and in the event the Lessor so determines, then the Lessor may forego filing or pursuing an insured claim and the costs of remedying such claim shall form part of the Operating Costs.

Appears in 1 contract

Sources: Lease (Seagate Software Information Management Group Holdings Inc)

Lessor to insure. (a) The Lessor shall throughout the Term carry: (ai) insurance on the Building (excluding the foundations and excavations) and the Leasehold Improvements (including, without limitation, the HVAC system for the Demised Premises) machinery, boilers and equipment in or servicing the Building and owned by the Lessor or the owners of the Building (excluding any property which the Lessee and other tenants are is obliged to insure under Section 9.1 or similar sections of their respective leases9.1) against damage by fire and extended perils coverage; (bii) public liability and property damage insurance with respect to the Lessor's operations in the Building; and (ciii) such other form or forms of insurance as the Lessor reasonably considers advisable. Such insurance shall be in such reasonable amounts and with such reasonable deductibles as would be carried by a prudent owner of a reasonably similar building, having regard to size, age and location. Notwithstanding any other provision of this Lease, the Lessor's insurance shall contain a waiver of subrogation by the insurers against the Lessee and its subtenants to the extent such waiver is commercially available. . (b) The Lessor, acting reasonably, 's insurance shall have name the right to determine that if insurance premiums for the Building shall increase materially in the sole opinion of the Lessor, acting reasonablyLessee as an additional insured, as a consequence of a claim being made pursuant to such insurance (provided that this clause shall not apply to claims pursuant to any public liability insurance)its interest, and in the event that the Building and the Leasehold Improvements are destroyed or damaged to such an extent that the Lessor so determineselects not to rebuild the Building and the Leasehold Improvements, then the Lessor may forego filing or pursuing an insured claim and the costs Lessee shall share the proceeds of remedying such claim shall form part of the Operating Costsinsurance as their respective interests may appear herein.

Appears in 1 contract

Sources: Lease Agreement (Crystal Decisions Inc)