Liability policies. (i) Landlord, Tenant and Trustee and their officers, officials, employees and agents are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Developer in connection with the Development Agreement. (ii) Developer’s insurance coverage shall be primary insurance as respects Landlord, Tenant and Trustee, their officers, officials, employees and agents and shall include a severability of interests (cross liability). Any insurance and/or self-insurance maintained by Landlord and/or Tenant, their officers, officials, employees and/agents shall not contribute with Developer’s insurance or benefit Developer in any way. (iii) Developer’s insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer’s liability.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Liability policies. (iA) LandlordOwner, Tenant and Trustee and Trustee, their officers, officials, employees and agents are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Developer in connection with the Development this Agreement.
(iiB) Developer’s insurance coverage shall be primary insurance as respects LandlordOwner, Tenant and Trustee, their officers, officials, employees and agents (but not necessarily as respects the General Contractor) and shall include a severability of interests (cross liability). Any insurance and/or self-insurance maintained by Landlord Owner and/or Tenant, Tenant their officers, officials, employees and/agents shall not contribute with Developer’s insurance or benefit Developer in any way.
(iiiC) Developer’s insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer’s liability.
Appears in 1 contract
Sources: Development Agreement