Common use of Policy Form Clause in Contracts

Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company licensed in the State of California and with a general policyholders' rating of "A+" or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.

Appears in 3 contracts

Sources: Office Lease (Ask Jeeves Inc), Office Lease (Norcal Waste Systems Inc), Office Lease (Ask Jeeves Inc)

Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall be issued by an insurance company companies with general policyholders’ rating of not less than “A” Class VI as rated in the most current available “Best’s Insurance Reports” and licensed to do business in the State of California Florida and with a in good financial standing, and general policyholders' rating of "A+" or better liability and a financial size ranking of "Class VIII" or higher umbrella liability policies shall be issued in the most recent edition names of Best's Insurance GuideLandlord, Tenant and other such persons or firms as Landlord specifies from time to time. Each insurance policySuch policies shall be for the mutual and joint benefit and protection of Landlord, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord Tenant and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 belowothers specified in this Lease, and (iv) provide that certificates of insurance enumerating the policy above coverages and the coverage provided shall be primary, that Landlord, although naming Landlord as an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof insured shall be delivered to the Landlord by within ten (10) days after delivery of possession of the Leased Premises to Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty within ten (3010) days prior to the expiration dates of expiring policiesthe term of each such policy. If Tenant fails to procure As often as any such insurance policy shall expire or to deliver such terminate, renewal or additional policies or certificates, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid procured and maintained by the Tenant in like manner and amounts and to like extent. All certificates delivered to the Landlord by Tenant upon demandmust contain a provision that Tenant’s Insurer will endeavor to give thirty (30) days’ notice in writing in advance of any cancellation or lapse or the effective date or any material change in coverage. All public liability, property damage and other casualty policies shall be written as primary policies, not contributing with and not as excess coverage to that which the Landlord may carry. The minimum limits of the liability policies of insurance set forth in subparagraphs 18(b)(i) - (iii) above shall be subject to reasonable increase at any time, and from time to time, inspect and/or copy any and all insurance policies time provided the total coverages required to be maintained by Tenant are either required by this Leaseits mortgagee or are not substantially greater than the limits generally required to be maintained by tenants occupying similar space for comparable uses in the City of Jacksonville, Florida. Within thirty (30) days after demand therefor by Landlord, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant agrees, at its own expense, to comply with all rules and regulations of the Fire Insurance Rating Organization having jurisdiction of the Demised Premises and to comply with all requirements imposed by Landlord’s insurance carrier, if any. If gas is used in the Demised Premises, Tenant shall install, at its expense, both manual and automatic gas cut-off devices.

Appears in 3 contracts

Sources: Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp)

Policy Form. Each insurance policy required pursuant to Paragraph 15.a. ----------- 15. a. above shall be issued by an insurance company licensed in the State of California and with a general policyholders' rating of "A+" or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease. Nothing in this Paragraph 15 shall be construed as creating or implying the existence of (i) any ownership by Tenant of any fixtures, additions, Alterations, or improvements in or to the Premises or (ii) any right on Tenant's part to make any addition, Alteration or improvement in or to the Premises.

Appears in 3 contracts

Sources: Office Lease (Bea Systems Inc), Office Lease (Digital Island Inc), Office Lease (Digital Island Inc)

Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company licensed authorized to do business in the State of California and with a general policyholders' rating of "A+" “A-” or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's ’s Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insurance, policy shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies (including any umbrella/excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, and (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such The property insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's ’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.

Appears in 3 contracts

Sources: Office Lease (Marin Software Inc), Office Lease (Marin Software Inc), Office Lease (Marin Software Inc)

Policy Form. Each (i) All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall be issued by an reputable and financially sound insurance company licensed companies reasonably satisfactory to Landlord, and such insurance companies shall be qualified to do business in the State of California and jurisdiction where the applicable Premises are situated. All such policies shall be issued in Tenant’s name, with a general policyholders' rating of "A+" or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's Insurance Guide. Each insurance policyLandlord named as an additional insured and/or loss payee as applicable, other than Tenant's workers' compensation insuranceand, shall (i) provide that it may not be materially changedif requested by Landlord, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord name any superior landlord and any other insureds designated by mortgagee or beneficiary of Landlord is first given, (ii) provide that no act as an additional insured or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided loss payee. The policies shall be primary, that for the mutual and joint benefit and protection of Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, any superior landlord and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenantmortgagee or beneficiary of Landlord. Each such Certificates of insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date prior to Landlord’s execution of such policy this Lease, and thereafter Tenant certificates or other evidence of renewal or replacement coverage shall deliver be delivered to Landlord renewal policies or certificates at least thirty within five (305) days prior to the expiration dates of expiring policiesthe term of each such policy. If As often as any such policy shall expire or terminate, renewal or additional policies shall be procured and maintained by Tenant fails in like manner and to procure such like extent. All certificates of insurance or delivered to deliver such policies or certificatesLandlord must contain a provision giving Landlord, Landlord may, at its option, procure the same for Tenant's accountany superior landlord, and the cost thereof any mortgagee or beneficiary of Landlord thirty (30) days’ notice in writing in advance of any cancellation or lapse, except only ten (10) days’ notice will be provided for cancellation due to premium non-payment, of insurance. All public liability, property damage, and other casualty policies shall be paid to Landlord by Tenant upon demand. written on an occurrence basis as primary policies, not contributing with or in excess of coverage which Landlord may at carry. (ii) Tenant’s obligations to carry the insurance provided for above may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Tenant; provided, however, that such policy or policies must have limits of not less than Five Million and 00/100 Dollars ($5,000,000) for any timeone occurrence and that Landlord, any superior landlord and from time to time, inspect and/or copy any mortgagee or beneficiary of Landlord shall be named as an additional insured or loss payee thereunder as their interests may appear and all insurance that the coverage afforded Landlord will not be reduced or diminished by reason of the use of such blanket policies required by this Leaseand the requirements set forth herein are otherwise satisfied.

Appears in 2 contracts

Sources: Master Lease (American Restaurant Group Inc), Master Lease (American Restaurant Group Inc)

Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company licensed authorized to due business in the State of California and with a general policyholders' rating of "A+" “A-” or better and a financial size ranking of "Class VIII" VII” or higher in the most recent edition of Best's ’s Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insurance, shall (i) insurer must agree to endeavor to provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord of cancellation or non-renewal (ten (10) days for non-payment of premium). The liability policies and any umbrella/excess coverage policies carried pursuant to clauses (i) and (v) of Paragraph 15.a. above shall (i) protect Tenant as the named insured and shall protect Landlord and all the other Indemnitees and any other insureds parties designated by Landlord is first givenLandlord, as additional insureds (except that Tenant shall not be required to add as an additional insured any party that does not have a direct or indirect financial or ownership interest in Real Property or otherwise have an insurable interest with regard to the operation of the Real Property, if Tenant’s insurance carrier declines to add such party as an additional insured as a result of the absence of such interest), (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, insured and (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried under item (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each such insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty fifteen (3015) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's ’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. If a claim has been filed and, in connection therewith, an issue arises regarding the coverage provided under any of the above required policies, Landlord may at any time, and from time to time, inspect and/or copy any the relevant insurance policy; provided, however, if Landlord desires to inspect and/or copy a policy pursuant to the foregoing and all insurance policies the policy contains information irrelevant to the coverage issue and/or also covers property other than the Premises, then Tenant shall not be required by this Leaseto release the portions of the policy that are irrelevant to the coverage issue or that relate to such other properties if they are not required for Landlord to reasonably assess the coverage issue.

Appears in 2 contracts

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

Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall comply with the following: (a) policies must be issued by an insurance company licensed in the State companies with general policy holder’s ratings of California not less than A-, and with a general policyholders' rating financial ratings of "A+" or better and a financial size ranking of "not less than Class VIII" or higher VII, as rated in the most recent edition current available “Best’s Key Rating Guide,” and which are qualified to do business in the state where the Premises is situated; (b) any policies issued on a “Claims Made” basis must be renewed for a 3-year period after the termination of Best's Insurance Guide. Each insurance policythis Lease or provide for a 3-year tail reporting period if coverage is not renewed; (c) all such policies shall name Landlord, other than Tenant's workers' compensation insuranceLandlord’s property manager, and Landlord’s mortgagee(s) or beneficiary(ies) as additional insureds (or, in the case of casualty policies, shall name Landlord, Landlord’s property manager, and Landlord’s mortgagee(s) or beneficiary(ies) as loss payees), and all such policies shall be for the mutual and joint benefit and protection of Landlord, Tenant, Landlord’s property manager, and Landlord’s mortgagee(s) or beneficiary(ies); and (id) provide that it may not All public liability, property damage, and other casualty policies shall be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord as primary policies and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage insurance carried by Landlord shall not be noncontributory contributing with respect to such policies. Executed copies of the policies carried by Tenant. Each of insurance, with certificates indicating that such insurance policy is currently in force, or a certificate certificates thereof, shall be delivered to Landlord prior to Tenant, its agents, or employees entering the Premises for any purpose. Thereafter, upon Landlord’s request, executed copies of renewal policies or certificates thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least within thirty (30) days prior to the expiration dates of expiring policiesthe term of each policy. If Tenant fails delivers a certificate of insurance to procure Landlord pursuant to either of the foregoing two sentences, Tenant shall, upon Landlord’s request, deliver to Landlord an executed copy of the underlying policy. Whether or not Landlord requires Tenant to provide a copy of the underlying policies of insurance covered under this Article, Tenant shall provide Landlord with an endorsement to each such policy, appropriately issued by Tenant’s insurance or company to deliver the effect that (a) the insurance is primary and any insurance carried by Landlord shall not be contributing with such policies or certificates, Landlord may, at its option, procure the same for Tenant's accountpolicies, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time(b) Landlord, Landlord’s property manager, and from time to timeLandlord’s mortgagee(s) or beneficiary(ies) are named as additional insureds or loss payees, inspect and/or copy as applicable, and (c) the insurer will give Landlord at least thirty (30) days’ written notice in advance of any and all insurance policies required by this Leasecancellation or lapse, or of the effective date of any reduction in the amounts, of insurance.

Appears in 2 contracts

Sources: Office and Warehouse Lease, Office and Warehouse Lease (Tilly's, Inc.)

Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall comply with the following: (a) policies must be issued by an insurance company licensed in the State companies with general policy holder’s ratings of California not less than A-, and with a general policyholders' rating financial ratings of "A+" or better and a financial size ranking of "not less than Class VIII" or higher VII, as rated in the most recent edition current available “Best’s Key Rating Guide,” and which are qualified to do business in the state where the Complex is situated;; (b) any policies issued on a “Claims Made” basis must be renewed for a 3-year period after the termination of Best's Insurance Guide. Each insurance policythis Lease or provide for a 3-year tail reporting period if coverage is not renewed; and (c) all such policies shall name Landlord, other than Tenant's workers' compensation insuranceLandlord’s property manager, and Landlord’s mortgagee(s) or beneficiary(ies) as additional insureds (or, in the case of casualty policies, shall name Landlord, Landlord’s property manager, and Landlord’s mortgagee(s) or beneficiary(ies) as loss payees), and all such policies shall be for the mutual and joint benefit and protection of Landlord, Tenant, Landlord’s property manager, and Landlord’s mortgagee(s) or beneficiary(ies). (id) provide that it may not All public liability, property damage, and other casualty policies shall be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord as primary policies and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage insurance carried by Landlord shall not be noncontributory contributing with respect to such policies. Executed copies of the policies carried by Tenant. Each of insurance, with certificates indicating that such insurance policy is currently in force, or a certificate certificates thereof, shall be delivered to Landlord prior to Tenant, its agents, or employees entering the Premises for any purpose. Thereafter, upon Landlord’s request, executed copies of renewal policies or certificates thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least within thirty (30) days prior to the expiration dates of expiring policiesthe term of each policy. If Tenant fails delivers a certificate of insurance to procure Landlord pursuant to either of the foregoing two sentences, Tenant shall, upon Landlord’s request, deliver to Landlord an executed copy of the underlying policy. Whether or not Landlord requires Tenant to provide a copy of the underlying policies of insurance covered under this Article, Tenant shall provide Landlord with an endorsement to each such policy, appropriately issued by Tenant’s insurance or company to deliver the effect that (a) the insurance is primary and any insurance carried by Landlord shall not be contributing with such policies or certificates, Landlord may, at its option, procure the same for Tenant's accountpolicies, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time(b) Landlord, Landlord’s property manager, and from time to timeLandlord’s mortgagee(s) or beneficiary(ies) are named as additional insureds or loss payees, inspect and/or copy as applicable, and (c) the insurer will give Landlord at least thirty (30) days’ written notice in advance of any and all insurance policies required by this Leasecancellation or lapse, or of the effective date of any reduction in the amounts, of insurance.

Appears in 2 contracts

Sources: Office and Warehouse Lease (Tilly's, Inc.), Office and Warehouse Lease (Tilly's, Inc.)

Policy Form. Each All of the insurance policy required pursuant to Paragraph 15.a. above provided for under this paragraph 11 and all renewals thereof and the mechanics’ ▇▇▇▇ ▇▇▇▇ provided for in paragraph 9 hereof shall be issued by an such responsible companies or underwriters as are approved by Lessor. The mechanics’ ▇▇▇▇ ▇▇▇▇ required under paragraph 9 hereof shall be payable to Lessor, and the bodily injury liability insurance, property damage liability and boiler insurance company licensed under paragraph 11 shall be carried in the State joint names of California Lessor and with a general policyholders' rating Lessee. The policies of "A+" insurance provided for in paragraph 11(a) hereof shall be payable to Lessor and Lessee as their interests may appear and any loss adjustment shall require the written consent of both Lessor and Lessee, but subject to the provisions of paragraph 6(d) hereof, all sums received by Lessor and Lessee or better either of them, under such policies shall be applied to the payment of the cost of restoring and a financial size ranking rehabilitating buildings or improvements which may be destroyed or damaged by fire, casualty or other cause, as provided in paragraph 6(a)(i) hereof, and Lessor and Lessee agree to perform such acts as may be necessary or convenient to make such sums available for such purposes. All policies provided for in paragraph 11 hereof shall be subject to Lessor’s approval as to form and substance and, except for policies of "Class VIII" or higher boiler insurance provided for in the most recent edition of Best's Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insuranceparagraph 11(c) hereof, shall (i) expressly provide that it may the policy shall not be materially changed, cancelled or allowed to lapse unless altered without thirty (30) days' prior written notice to Landlord and any other insureds designated by Landlord is first given, (iiLessor. All policies of boiler insurance provided for in paragraph 11(c) hereof shall expressly provide that the same shall not be altered without thirty (30) days’ prior written notice to Lessor, provided, however, that no act or omission of Tenant such notice shall affect or limit the obligations of the insurer be required with respect to any additions to or deletions from such coverage of boilers or other insured, (iii) include pressure vessels which are newly acquired or placed in service or disposed of or otherwise removed from service; all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) such policies shall further provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under upon cancellation or suspension of any such policy for as to all or any damage of the boilers or other pressure vessels covered by such policy, the insurance carrier shall give immediate written notice thereof to Landlord Lessor. Following any such cancellation or suspension, Lessee shall not make further use of the other Indemnitees by reason of acts boiler or omissions of Tenant, and vessel to which such cancellation or suspension shall relate until such time as the insurance carrier shall have given written notice to Lessor that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance has been fully reinstated. Upon the issuance thereof, each policy of insurance herein provided for, or a duplicate or certificate thereof thereof, shall be delivered to Landlord Lessor for retention by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Leaseit.

Appears in 2 contracts

Sources: Sublease Agreement (Kodiak Sciences Inc.), Sublease Agreement (Kodiak Sciences Inc.)

Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall comply with the following: (a) policies must be issued by an insurance company licensed in the State companies with general policy holder’s ratings of California not less than A-, and with a general policyholders' rating financial ratings of "A+" or better and a financial size ranking of "not less than Class VIII" or higher VII, as rated in the most recent edition current available “Best’s Key Rating Guide,” and which are qualified to do business in the state where the Premises is situated;; (b) any policies issued on a “Claims Made” basis must be renewed for a 3-year period after the termination of Best's Insurance Guide. Each insurance policythis Lease or provide for a 3-year tail reporting period if coverage is not renewed; and (c) all such policies shall name Landlord, other than Tenant's workers' compensation insuranceLandlord’s property manager, and Landlord’s mortgagee(s) or beneficiary(ies) as additional insureds (or, in the case of casualty policies, shall name Landlord, Landlord’s property manager, and Landlord’s mortgagee(s) or beneficiary(ies) as loss payees), and all such policies shall be for the mutual and joint benefit and protection of Landlord, Tenant, Landlord’s property manager, and Landlord’s mortgagee(s) or beneficiary(ies). (id) provide that it may not All public liability, property damage, and other casualty policies shall be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord as primary policies and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage insurance carried by Landlord shall not be noncontributory contributing with respect to such policies. Executed copies of the policies carried by Tenant. Each of insurance, with certificates indicating that such insurance policy is currently in force, or a certificate certificates thereof, shall be delivered to Landlord prior to Tenant, its agents, or employees entering the Premises for any purpose. Thereafter, upon Landlord’s request, executed copies of renewal policies or certificates thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least within thirty (30) days prior to the expiration dates of expiring policiesthe term of each policy. If Tenant fails delivers a certificate of insurance to procure Landlord pursuant to either of the foregoing two sentences, Tenant shall, upon Landlord’s request, deliver to Landlord an executed copy of the underlying policy. Whether or not Landlord requires Tenant to provide a copy of the underlying policies of insurance covered under this Article, Tenant shall provide Landlord with an endorsement to each such policy, appropriately issued by Tenant’s insurance or company to deliver the effect that (a) the insurance is primary and any insurance carried by Landlord shall not be contributing with such policies or certificates, Landlord may, at its option, procure the same for Tenant's accountpolicies, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time(b) Landlord, Landlord’s property manager, and from time to timeLandlord’s mortgagee(s) or beneficiary(ies) are named as additional insureds or loss payees, inspect and/or copy as applicable, and (c) the insurer will give Landlord at least thirty (30) days’ written notice in advance of any and all insurance policies required by this Leasecancellation or lapse, or of the effective date of any reduction in the amounts, of insurance.

Appears in 2 contracts

Sources: Office and Warehouse Lease (Tilly's, Inc.), Office and Warehouse Lease (Tilly's, Inc.)

Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall comply with the following: (a) policies must be issued by an insurance company licensed in the State companies with general policy holder’s ratings of California not less than A-, and with a general policyholders' rating financial ratings of "A+" or better and a financial size ranking of "not less than Class VIII" or higher VII, as rated in the most recent edition current available “Best’s Key Rating Guide,” and which are qualified to do business in the state where the Premises is situated; (b) any policies issued on a “Claims Made” basis must be renewed for a 3-year period after the termination of Best's Insurance Guide. Each insurance policythis Agreement or provide for a 3-year tail reporting period if coverage is not renewed; (c) all such policies shall name Landlord, other than Tenant's workers' compensation insuranceLandlord’s property manager, and Landlord’s mortgagee(s) or beneficiary(ies) as additional insureds (or, in the case of casualty policies, shall name Landlord, Landlord’s property manager, and Landlord’s mortgagee(s) or beneficiary(ies) as loss payees), and all such policies shall be for the mutual and joint benefit and protection of Landlord, Tenant, Landlord’s property manager, and Landlord’s mortgagee(s) or beneficiary(ies); and (id) provide that it may not All public liability, property damage, and other casualty policies shall be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord as primary policies and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage insurance carried by Landlord shall not be noncontributory contributing with respect to such policies. Executed copies of the policies carried by Tenant. Each of insurance, with certificates indicating that such insurance policy is currently in force, or a certificate certificates thereof, shall be delivered to Landlord prior to Tenant, its agents, or employees entering the Premises for any purpose. Thereafter, upon Landlord’s request, executed copies of renewal policies or certificates thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least within thirty (30) days prior to the expiration dates of expiring policiesthe term of each policy. If Tenant fails delivers a certificate of insurance to procure Landlord pursuant to either of the foregoing two sentences, Tenant shall, upon Landlord’s request, deliver to Landlord an executed copy of the underlying policy. Whether or not Landlord requires Tenant to provide a copy of the underlying policies of insurance covered under this Article, Tenant shall provide Landlord with an endorsement to each such policy, appropriately issued by Tenant’s insurance or company to deliver the effect that (a) the insurance is primary and any insurance carried by Landlord shall not be contributing with such policies or certificates, Landlord may, at its option, procure the same for Tenant's accountpolicies, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time(b) Landlord, Landlord’s property manager, and from time to timeLandlord’s mortgagee(s) or beneficiary(ies) are named as additional insureds or loss payees, inspect and/or copy as applicable, and (c) the insurer will give Landlord at least thirty (30) days’ written notice in advance of any and all insurance policies required by this Leasecancellation or lapse, or of the effective date of any reduction in the amounts, of insurance.

Appears in 2 contracts

Sources: Office and Warehouse Lease, Office and Warehouse Lease (Tilly's, Inc.)

Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company licensed authorized to do business in the State of California and be rated by AM Best not lower than A-VIII. Tenant shall provide Landlord with a general policyholders' rating of "A+" or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's Insurance Guide. Each not less than thirty (30) days’ prior written notice if an insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be policy obtained by Tenant hereunder is materially changed, cancelled or will be allowed to lapse unless thirty lapse, and not less than ten (3010) days' prior written notice for such event if due to non-payment of premium. If any of the above policies are subject to deductibles in excess of $15,000.00, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies and any umbrella/excess coverage policies carried pursuant to clauses (i) and (v) of Paragraph 15.a. above shall (i) name Landlord and all the other Indemnitees and any other insureds parties designated by Landlord is first given, as additional insureds and (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, primary and that any coverage carried by Landlord shall be noncontributory with respect to policies polices carried by TenantLandlord and provide a severability of interests clause. The property insurance policy carried under item (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to affect the provisions of Paragraph 16 below. Each such insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty five (305) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's ’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.

Appears in 1 contract

Sources: Industrial Lease (Scilex Holding Co)

Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall be issued by an insurance company companies with general policyholders’ rating of not less than “A” Class VI as rated in the most current available “Best’s Insurance Reports” and licensed to do business in the State of California Florida and with a in good financial standing, and general policyholders' rating of "A+" or better liability and a financial size ranking of "Class VIII" or higher umbrella liability policies shall be issued in the most recent edition names of Best's Insurance GuideLandlord, Tenant and other such persons or firms as Landlord specifies from time to time. Each insurance policySuch policies shall be for the mutual and joint benefit and protection of Landlord, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord Tenant and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 belowothers specified in this Lease, and (iv) provide that certificates of insurance enumerating the policy above coverages and the coverage provided shall be primary, that Landlord, although naming Landlord as an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof insured shall be delivered to the Landlord by within fifteen (15) days after delivery of possession of the Leased Premises to Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty within fifteen (3015) days prior to the expiration dates of expiring policiesthe term of each such policy. If Tenant fails to procure As often as any such insurance policy shall expire or to deliver such terminate, renewal or additional policies or certificates, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid procured and maintained by the Tenant in like manner and amounts and to like extent. All certificates delivered to the Landlord by Tenant upon demandmust contain a provision that Tenant’s Insurer will endeavor to give thirty (30) days’ notice in writing in advance of any cancellation or lapse or any material change in coverage. All public liability, property damage and other casualty policies shall be written as primary policies, not contributing with and not as excess coverage to that which the Landlord may carry. The minimum limits of the liability policies of insurance set forth in subparagraphs 19(b)(i)-(iii) above shall be subject to reasonable increase at any time, and from time to time, inspect and/or copy any and all insurance policies time provided the total coverages required to be maintained by Tenant are either required by this Leaseits mortgagee or are not substantially greater than the limits generally required to be maintained by tenants occupying similar space for comparable uses in the City of Jacksonville, Florida within thirty (30) days after demand therefor by Landlord, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant agrees, at its own expense, to comply with all rules and regulations of the Fire Insurance Rating Organization having jurisdiction of the Leased Premises and to comply with all requirements imposed by Landlord’s insurance carrier, if any. If gas is used in the Leased Premises, Tenant shall install, at its expense, both manual and automatic gas cutoff devices.

Appears in 1 contract

Sources: Lease Agreement (EverBank Financial Corp)

Policy Form. Each 5.2.1 Tenant shall obtain all policies of insurance policy required pursuant by Section 5.1 from insurance companies having an A.M. Best rating of A- or better which are qualified to Paragraph 15.ado business in the jurisdiction where the Premises are situated. above All such policies shall be issued by an insurance company licensed in the State names of California Landlord, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ and Tenant, and if requested by Landlord, any mortgagee or beneficiary of Landlord, as additional insureds. In addition, all such policies providing coverage for physical damage include loss payee and mortgagee endorsement in favor of Landlord and Landlord’s mortgagee or beneficiary, respectively and as applicable. The Tenant shall cause copies of such policies of insurance or originally executed certificates thereof to be delivered to Landlord prior to Landlord’s execution of this Lease, and not less than 30 days prior to any renewal thereof. As often as any such policy shall expire or terminate, Tenant shall procure and maintain renewal or additional policies with a general policyholders' rating like terms. None of "A+" or better such policies shall contain any co-insurance requirements and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insurance, all such policies shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior for written notice to Landlord and any mortgagee or beneficiary of Landlord not less than 10 days prior to any modification, cancellation, lapse, or reduction in the amounts of insurance, and shall further provide that any loss otherwise payable thereunder shall be payable notwithstanding any act or negligence of Landlord or Tenant which might, absent such provision, result in a forfeiture of all or part of the payment of such loss. All general liability, property damage, and other insureds designated casualty policies shall be written on an occurrence basis as primary policies, not contributing with or in excess of coverage which Landlord may carry. 5.2.2 Tenant’s obligations to carry the insurance provided for above may be brought within the coverage of an “umbrella” policy or policies of insurance carried and maintained by Landlord is first givenTenant; provided, however, that such policy or policies shall (i) have limits of not less than $25,000,000, (ii) provide that no act name Landlord and any mortgagee or omission beneficiary of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 belowLandlord as additional insureds as their interests may appear, and (iviii) provide that the policy and the coverage provided shall afforded Landlord will not be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord reduced or the other Indemnitees diminished by reason of acts or omissions the use of Tenantsuch blanket policies. Tenant agrees to permit Landlord at all reasonable times to inspect any policies of insurance of Tenant which Tenant has not delivered to Landlord. 5.2.3 Landlord and Tenant agree that the insurance coverage required herein above are satisfactory at the inception of this Lease. Landlord and Tenant understand that the insurance requirements may reasonably change periodically during the Lease Term and, in the event of such changes, the minimum requirements of types of insurance, amounts of insurance and that risks covered shall change. If at any coverage carried by time the Landlord and Tenant do not agree on such reasonably changed insurance requirements, then such dispute shall be noncontributory with respect referred to policies carried by Tenanta mutually agreeable independent insurance consultant for a final decision. Each such If the parties cannot mutually agree on an independent insurance policy or a certificate thereof consultant, an independent insurance consultant shall be delivered to selected by lot with the Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's account, suggesting one independent consultant and the cost thereof Tenant selecting the other independent consultant. The decision of the independent insurance consultant so selected shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Leasefinal.

Appears in 1 contract

Sources: Ground Lease (Palace Entertainment Holdings, Inc.)

Policy Form. Each 5.2.1 Tenant shall obtain all policies of insurance policy required pursuant by Section 5.1 from insurance companies reasonably acceptable to Paragraph 15.aLandlord which are qualified and admitted to- do business in the jurisdiction where the Premises are situated. above All such policies shall be issued by an insurance company licensed in the State of California and with a general policyholders' rating of "A+" or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions name of Tenant, and, if requested by Landlord, Landlord, and that any mortgagee or beneficiary of Landlord or such other parties as required under any matter of record, shall also be named as additional insureds. In addition, all such policies providing coverage carried by for physical damage shall include loss payee and mortgagee endorsement in favor of Landlord and Landlord's mortgagee or beneficiary, respectively and as applicable. The Tenant shall be noncontributory with respect cause copies of such policies of insurance or originally executed certificates thereof to policies carried by Tenant. Each such insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date prior to Landlord's execution of such policy this Lease, and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least not less than thirty (30) days prior to any renewal thereof. As often as any such policy shall expire or terminate, Tenant shall procure and maintain renewal or additional policies with like terms. None of such policies shall contain any co- insurance requirements and all such policies shall provide for written notice to Landlord and any mortgagee or beneficiary of Landlord not less than thirty (30) days prior to any modification, cancellation, lapse, or reduction in the expiration dates amounts of expiring insurance, and shall further provide that any loss otherwise payable thereunder shall be payable notwithstanding any act or negligence of Landlord or Tenant which might, absent such provision, result in a forfeiture of all or part of the payment of such loss. All general liability, property damage, and other casualty policies shall be written on an occurrence basis as primary policies, not contributing with or in excess of coverage which Landlord may carry. The insurance limits set forth in this Article 5 are subject to such reasonable increases as requested by Landlord. 5.2.2 Tenant's obligations to carry the insurance provided for above may be brought within the coverage of an "umbrella" policy or policies of insurance carried and maintained by Tenant; provided, however, that such policy or policies shall (i) have limits of not less than $10,000,000, (ii) name Landlord and any mortgagee or beneficiary of Landlord as additional insureds as their interests may appear, and (iii) provide that the coverage afforded Landlord will not be reduced or diminished by reason of the use of such blanket policies. If Tenant fails agrees to procure such permit Landlord at all reasonable times to inspect any policies of insurance or of Tenant which Tenant has not delivered to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this LeaseLandlord.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Aei Income & Growth Fund 25 LLC)

Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above be provided herein by Tenant shall be issued by an good and solvent insurance company companies licensed to do business in the State of California and with a general policyholders' rating of "A+" or better and a financial size ranking of "Class VIII" or higher state Cuyamaca Bank/La Mesa Lease Initial Standard Shopping Center Lease Initial 28731-6/1822140.2 [Word] 01/30/03 in which the Demised Premises are located, having not less than A+ Best XIV Rating and, except for the policies under Section 14 (b) above, shall be issued in the most recent edition names of Best's Insurance GuideLandlord and Tenant for the mutual and joint benefit and protection of parties. Each Executed copies of all such polices of insurance policy, other or certificates thereof indicating payment of all premiums with respect thereto shall be delivered to Landlord prior to the commencement of the Term and replacement certificates shall be delivered to Landlord not less than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit days before the obligations expiration of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, then current term thereof. All public liability and (iv) provide that the policy and the coverage provided property damage policies shall be primary, contain a provision that Landlord, although named as an additional insured, shall nevertheless be entitled to recovery under such policy said policies for any loss, injury, or damage to Landlord or the other Indemnitees Landlord, its servants, agents, and employees by reason of the acts or omissions of Tenant, its servants, agents, or employees. In the event that Tenant fails to furnish Landlord with any insurance certificate required to be furnished to Landlord pursuant to the provisions of this Lease, and that any coverage if such failure continues for a period of ten (10) days following Landlord’s notice to Tenant to furnish such certificate, Tenant agrees to pay Landlord on each such occasion the sum of $350.00 to compensate Landlord for Landlord’s reasonable administrative costs in attempting to secure such certificate from Tenant. Payment of such sum by Tenant to Landlord shall not relieve Tenant from the obligation to furnish the required certificates to Landlord. Any insurance policy carried by Landlord or Tenant pursuant to the provisions of this Lease, shall be noncontributory primary and non-contributing with respect to policies insurance carried by Tenantthe other party. Each certificate of insurance furnished to Landlord and each policy of insurance required to be maintained by Tenant shall contain an endorsement or provision requiring: (a) That each such insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy policies are primary and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least non-contributing; (b) That not less than thirty (30) days written notice be given to the Landlord prior to the expiration dates cancellation or reduction of expiring policiescoverage or material change in any such policy; and (c) An express waiver of any right of subrogation against Landlord as herein above called for. If Tenant fails Notwithstanding anything herein contained to procure such the contrary, Tenant’s obligations to carry the insurance provided for herein may be brought within the coverage of a blanket policy or to deliver such policies or certificatesof insurance carried and maintained by Tenant, provided, however, that Landlord may, at shall be named as an additional insured hereunder as its option, procure the same for Tenant's accountinterest may appear, and that the cost thereof shall coverage afforded Landlord will not be paid to Landlord reduced or diminished by Tenant upon demand. Landlord may at any timereason of the use of such blanket policy of insurance, and from time to time, inspect and/or copy any and provided further that all insurance policies required by this Leaserequirements herein are otherwise satisfied.

Appears in 1 contract

Sources: Standard Shopping Center Lease (Community Bancorp Inc)

Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company licensed authorized to do business in the State of California Colorado and with a general policyholders' rating of "A+" “A-” or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's ’s Insurance Guide. Each Tenant shall provide Landlord with not less than thirty (30) days’ prior written notice if an insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be policy obtained by Tenant hereunder is materially changed, cancelled or will be allowed to lapse unless thirty lapse. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies and any umbrella/excess coverage policies carried pursuant to clauses (30i) days' prior written notice to and (v) of Paragraph 15(a) above shall (i) name Landlord and all the other Indemnitees and any other insureds parties designated by Landlord is first givenas additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, insured and (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried under item (ii) of Paragraph 15(a) above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each such insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's ’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.

Appears in 1 contract

Sources: Office Lease (2U, Inc.)

Policy Form. Each 5.2.1 Tenant shall obtain all policies of insurance policy required pursuant by Section 5.1 from insurance companies reasonably acceptable to Paragraph 15.a. above shall be issued by an insurance company licensed Landlord which are qualified to do business in the State of California jurisdiction where the Premises are situated and with a general policyholders' rating of which have an "A+" or better and a financial size ranking of "Class VIIIA-" or higher claims paying rating as ascribed by Standard & Poor's rating service. All such policies shall be issued, in the most recent edition names of Best's Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord and Tenant, and, if requested by Landlord, any other insureds designated by mortgagee or beneficiary of Landlord, as additional insureds. In addition, all such policies providing coverage for physical damage shall include loss payee and mortgagee endorsement in favor of Landlord is first givenand Landlord's mortgagee or beneficiary, (ii) provide that no act or omission of respectively and as applicable. Tenant shall affect cause copies of such policies of insurance or limit the obligations of the insurer with respect originally executed certificates thereof to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date prior to Landlord's execution of such policy this Lease, and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least not less than thirty (30) days prior to the expiration dates any renewal thereof. As often as any such policy shall expire or terminate, Tenant shall procure and maintain renewal or additional policies with like terms. None of expiring policies. If Tenant fails to procure such insurance or to deliver such policies shall contain any co-insurance requirements and all such policies shall provide for written notice to Landlord and any mortgagee or certificatesbeneficiary of Landlord not less than thirty (30) days prior to any modification, cancellation, lapse, or reduction in the amounts of insurance, and shall further provide that any loss otherwise payable thereunder shall be payable notwithstanding any act or negligence of Landlord mayor Tenant which might, at its optionabsent such provision, procure result in a forfeiture of all or part of the same for payment of such loss. All general liability, property damage, and other casualty policies shall be written on an occurrence basis as primary policies, not contributing with or in excess of coverage which Landlord may carry. 5.2.2 Tenant's accountobligations to carry the insurance provided for above may be brought within the coverage of an "umbrella" policy or policies of insurance carried and maintained by Tenant; provided, however, that such policy or policies shall (i) have limits of not less than $5,000,000, (ii) name Landlord and any mortgagee or beneficiary of Landlord as additional insureds as their interests may appear, (iii) provide that the cost thereof coverage afforded Landlord will not 13 be reduced or diminished by reason of the use of such blanket policies; and (iv) otherwise comply with the provisions of this Article V. Tenant agrees to permit Landlord at all reasonable times to inspect any policies of insurance of Tenant which Tenant has not delivered to Landlord. Tenant also shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and comply with all insurance policies required by this Leaserequirements of the Easement Agreement ( as defined in Section 13.6).

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Aei Income & Growth Fund 25 LLC)

Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall be issued by an insurance company licensed good, responsible and standard companies, reasonably acceptable to Landlord, and shall be issued in the State names of California the Tenant, lender on the construction or take-out loans, and with a general policyholders' rating of "A+" or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit for the obligations mutual and joint benefit and protection of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 belowparties, and (iv) provide that the policy and the coverage provided executed copies of such policies of insurance or certificates thereof shall be primary, delivered to Landlord. All public liability and property damage policies shall contain a provision that Landlord, although named as an additional insured, shall nevertheless be entitled to recovery under such policy said policies for any damage loss occasioned to Landlord or the other Indemnitees it, its servants, agents and employees by reason of acts or omissions the negligence of Tenant. As often as any such policy shall expire or terminate, and that any coverage carried by Landlord renewal or additional policies shall be noncontributory with respect procured and maintained by Tenant in like manner and to like extent. All policies carried by Tenant. Each such of insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on must contain a provision that the company writing said policy will give to the Landlord ten (10) days written notice in advance of any cancellation or before the effective date of any reduction in the amounts of insurance. All public liability, property damage and other casualty policies shall be written as primary policies and not contributing with or be in excess of the coverage which Landlord may carry. Notwithstanding anything to the contrary within this paragraph, Tenant’s obligations to carry the insurance provided for herein may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Tenant; PROVIDED, HOWEVER, that Landlord, and Landlord’s lender, shall be named as an additional assured thereunder, as its interest may appear and that the coverage afforded Landlord will not be reduced or diminished by reason of the use of such blanket policy of insurance, and thereafter provided further that all of the requirements of this paragraph are otherwise satisfied. Certificates of said policies shall be furnished Landlord. In the event that Tenant shall deliver to Landlord renewal policies make any alterations, additions or certificates at least thirty (30) days prior improvements to the expiration dates demised premises under the terms and provisions of expiring policies. If this Lease, Tenant fails agrees upon its part to procure carry such insurance as it may determine advisable covering such alterations, additions or to deliver improvements, it being expressly understood and agreed that none of such policies alterations, additions or certificates, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof improvements shall be paid insured by Landlord under such insurance as it may carry upon the demised premises, nor shall Landlord be required under any provision for reconstruction of the demised premises to Landlord by Tenant upon demand. Landlord may at reinstall any timesuch alterations, and from time to time, inspect and/or copy any and all insurance policies required by this Leaseimprovements or additions.

Appears in 1 contract

Sources: Lease Agreement (Fox Factory Holding Corp)

Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company licensed authorized to do business in the State of California and with a general policyholders' rating of "A+" “A-” or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's ’s Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insurance, shall (i) insurer must agree to endeavor to provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord of cancellation or non-renewal of any such policy (ten (10) days for non-payment of premium). If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts reasonably approved in advance in writing by Landlord. The liability policies (including any umbrella/ excess coverage policies) carried by Tenant pursuant to clauses (i) and (v) of Paragraph shall 15.a. above shall (i) name Landlord and all the other Indemnitees and any other insureds parties designated by Landlord is first givenas additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, and (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such The property insurance policy carried by Tenant pursuant to clause (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty ten (3010) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's ’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.

Appears in 1 contract

Sources: Office Lease (New Relic Inc)

Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company licensed in the State Commonwealth of California Massachusetts and with a general policyholders' rating of "A+A" or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions Omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificatescertificates as required by the preceding sentence, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, upon reasonable prior notice to Tenant, inspect and/or copy any and all insurance Insurance policies required by this Lease.

Appears in 1 contract

Sources: Office Lease (Lionbridge Technologies Inc /De/)

Policy Form. Each insurance policy Insurance required pursuant to Paragraph 15.a. above hereunder shall be issued by an insurance company in companies reasonably satisfactory to Landlord licensed to operate in the State of California and with Texas holding a general policyholders' rating of "A+" or better and as may be required by any lender having a financial size ranking of "Class VIII" or higher lien on the Premises as set forth in the most recent edition current issue of "Best's Insurance Guide. Each insurance policy" but in any event a rating of at least A:X, other than Tenant's workers' compensation insuranceit being understood that if the insurer has a rating of A:X or better, shall (i) provide that it a lender may not require an insurance company with a higher rating and in any case where a change of insurers is required as a result of decline in an insurer's Best's rating, such change need not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit effected until the obligations end of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the current policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenantyear. Each such insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies certificates evidencing the existence and amounts of such insurance with loss payable clauses as required by this Paragraph. No such policy shall be cancelable or certificates at least subject to reduction of coverage or other modification except after thirty (30) days prior written notice to Landlord of the expiration dates of expiring such policies. If Tenant fails to procure such shall furnish Landlord with renewals or "binders" thereof. Tenant may effect the insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies coverage required by this Lease.Lease through primary and excess lines of insurance. Tenant may have a maximum deductible not in excess of Twenty Thousand and no/100 Dollars ($20,000.00), adjusted annually for increases in the Consumer Price Index. For each Lease Year, Tenant's Maximum Deductible shall be determined by multiplying Tenant's current maximum deductible (inclusive of previous annual increases) by a fraction, the numerator of which is the Consumer Price Index for the month immediately preceding the first day of the Lease Year for which the Maximum Deductible is to be determined and the denominator of which is the Consumer Price Index for the month immediately preceding the Commencement Date. The requirements of SECTION

Appears in 1 contract

Sources: Master Commercial Lease Agreement (Input Output Inc)

Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above of Tenant herein shall be issued by an insurance company licensed companies with a current A.M. Best’s Rating of A or better and a Financial Rating of at least VIII, both as rated in the most current “Best’s Rating Guide,” and which are qualified to do business in the State of California and with a general policyholders' rating of "A+" or better and a financial size ranking of "Class VIII" or higher in California. All such policies, except for the most recent edition of Best's Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insuranceWorker’s Compensation coverage, shall (i) provide that it may not name and shall be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to for the mutual and joint benefit and protection of Landlord and any other insureds designated by all entities controlling, controlled by, or under common control with Landlord, together with their respective owners, shareholders, partners, members, divisions, officers, directors, employees, representatives and agents, and all of their respective successors and assigns as additional insureds. The policies described in Parts C and E in Section 1 above shall also name Landlord is first given, and Landlord’s beneficiary (iiies) provide that no act or omission under a deed of Tenant shall affect or limit the obligations trust as loss payees. Certified copies of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy declaration page and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof following endorsements shall be delivered to Landlord prior to Tenant, its agents or employees entering the Premises for any purpose: (a) an endorsement confirming Landlord’s and its relate parties additional insured status as provided herein, an endorsement evidencing waiver of subrogation as provided by this Exhibit F, and (b) an endorsement confirming that all policies required of Tenant on herein shall be endorsed to read that such policies are primary policies and any insurance carried by Landlord or before Landlord’s property manager shall be noncontributing with such policies. Thereafter, certified copies of the effective date of such policy declaration page and thereafter Tenant all required endorsements for the renewal policies required hereby shall deliver be delivered to Landlord renewal policies or certificates at least within thirty (30) days prior to the expiration dates of expiring policiesthe term of each policy. If Tenant fails to procure such insurance or to deliver such policies or certificatesAlternatively, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid may require certificates evidencing such insurance. All policies of insurance delivered to Landlord must contain a provision that the company writing the policy will give to Landlord thirty (30) days’ prior Notice of any cancellation or lapse or the effective date of any reduction in the amounts of insurance. No policy required to be maintained by Tenant upon demandshall have a deductible greater than Twenty-Five Thousand Dollars ($25,000.00) unless approved in writing by Landlord. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.EXHIBIT F-1-

Appears in 1 contract

Sources: Retail Lease (Yoshiharu Global Co.)

Policy Form. Each 5.2.1 Tenant shall obtain all policies of insurance policy required pursuant by Section 5.1 from insurance companies reasonably acceptable to Paragraph 15.aLandlord which are qualified todo business in the jurisdiction where the Premises are situated and which have an "A" or higher claims paying rating as ascribed by Standard & Poor's rating service. above All such policies shall be issued by an insurance company licensed in the State names of California and with a general policyholders' rating of "A+" or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord and Tenant, and,if requested by Landlord, any other insureds designated by mortgagee or beneficiary of Landlord, as additional insureds. In addition, all such policies providing coverage for physical damage shall include loss payee and mortgagee endorsement in favor of Landlord is first givenand Landlord's mortgagee or beneficiary, (ii) provide that no act or omission of respectively and as applicable. Tenant shall affect cause copies of such policies of insurance or limit the obligations of the insurer with respect originally executed certificates thereof to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date prior to Landlord's execution of such policy this Lease, and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least not less than thirty (30) days prior to the expiration dates any renewal thereof. As often as any such policy shall expire or terminate, Tenant shall procure and maintain renewal or additional policies with like terms.None of expiring policies. If Tenant fails to procure such insurance or to deliver such policies shall contain any co-insurance requirements and all such policies shall provide for written notice to Landlord and any mortgagee or certificatesbeneficiary of Landlord not less than thirty (30) days prior to any modification, cancellation, lapse, or reduction in the amounts of insurance,and shall further provide that any loss otherwise payable thereunder shall be payable notwithstanding any act or 01/31/02 negligence of Landlord mayor Tenant which might, at its optionabsent such provision,result in a forfeiture of all or part of the payment of such loss. All general liability, procure the same for property damage, and other casualty policies shall be written on an occurrence basis as primary policies, not contributing with or in excess of coverage which Landlord may carry. 5.2.2 Tenant's accountobligations to carry the insurance provided for above may be brought within the coverage of an "umbrella" policy or policies of insurance carried and maintained by Tenant; provided, however, that such policy or policies shall (i) have limits of not less than $5,000,000, (ii) name Landlord and any mortgagee or beneficiary of Landlord as additional insureds as their interests may appear, (iii) provide that the cost thereof shall coverage afforded Landlord willnot be paid reduced or diminished by reason of the use of such blanket policies; and (iv) otherwise comply with the provisions of this Article V. Tenant agrees to permit Landlord by at all reasonable times to inspect any policies of insurance of Tenant upon demand. Landlord may at any time, and from time which Tenant has not delivered to time, inspect and/or copy any and all insurance policies required by this LeaseLandlord.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Aei Income & Growth Fund 24 LLC)

Policy Form. Each insurance policy required pursuant to this Paragraph 15.a. above 18 shall be issued by an insurance company licensed to do business in the State of California and with a general policyholders' rating of "A+" California, shall be rated A+X or better and a financial size ranking of in "Class VIII" or higher in the most recent edition of Best's Insurance Guide" and approved by Landlord in Landlord's reasonable discretion. Each insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled canceled or allowed to lapse unless thirty (30) days' prior written notice to Landlord and any other insureds designated by Landlord is first given, (ii) provide for severability of interests and that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) shall provide that the policy and the coverage provided their respective coverages shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, primary and that any coverage carried insurance maintained by Landlord shall be noncontributory excess insurance only, (iv) in the case of insurance against loss or damage to the Premises or the Building, shall be endorsed to provide that such loss shall be adjusted with respect and be payable to policies carried by TenantLandlord, and (v) shall have deductible amounts, if any, not in excess of $55,000. Notwithstanding the foregoing, so long as Tenant is buzzsaw.com, Inc., a Delaware Corporation, or one of its Affiliates, ▇▇▇ ▇▇▇▇▇▇ible amounts under such insurance may exceed $5,000, provided that such deductibles do not exceed commercially reasonable amounts. Each such insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such Landlord shall furnish to the Premises, during reasonable hours of generally recognized policies or certificates, . Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.

Appears in 1 contract

Sources: Sublease Agreement (Planetout Inc)

Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company licensed authorized to d0 business in the State of California and with a general policyholders' rating of "A+" “A-” or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's ’s Insurance Guide. Each Tenant shall provide Landlord with not less than thirty (30) days’ prior written notice if an insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be policy obtained by Tenant hereunder is materially changed, cancelled or will be allowed to lapse unless thirty lapse. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies and any umbrella/excess coverage policies carried pursuant to clauses (30i) days' prior written notice to and (v) of Paragraph 15.a. above shall (i) name Landlord and all the other Indemnitees and any other insureds parties designated by Landlord is first givenas additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, insured and (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried under item (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each such insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's ’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.

Appears in 1 contract

Sources: Office Lease (Homeunion Holdings, Inc.)

Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company licensed in the State of California and with a general policyholders' rating of "A+" or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, and such failure shall continue for three (3) Business Days after notice thereof from Landlord to Tenant, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.

Appears in 1 contract

Sources: Office Lease (Embarcadero Technologies Inc)

Policy Form. Each 5.2.1 Tenant shall obtain all policies .of insurance policy required pursuant by Section 5.1 from insurance companies reasonably acceptable to Paragraph 15.aLandlord which are qualified and admitted to do business in the jurisdiction where the Premises are situated. above All such policies shall be issued by an insurance company licensed in the State of California and with a general policyholders' rating of "A+" or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions name of Tenant, and, if requested by Landlord, Landlord, and that any mortgagee or beneficiary of Landlord of such other parties as required under any matter of record, shall also be named as additional insureds. In addition, all such policies providing coverage carried by for physical.damage shall include loss payee and mortgagee endorsement in favor of Landlord and Landlord's mortgagee or beneficiary, respectively and as applicable. The Tenant shall be noncontributory with respect cause copies of such policies ..of insurance or originally executed certificates thereof to policies carried by Tenant. Each such insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date prior to . Landlord's execution of such policy this Lease, and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least not less than thirty (30) days prior to any renewal thereof. As often as any such policy shall expire or terminate, Tenant shall procure and maintain renewal or additional policies with like terms. None of such policies shall contain any co- insurance requirements' and all such policies shall provide for written notice to Landlord and. any mortgagee or beneficiary of Landlord not less than thirty (30) days prior to any modification, cancellation, lapse, or reduction in the expiration dates amounts of expiring insurance, and shall further provide that any loss otherwise payable thereunder shall be payable notwithstanding any act or negligence of Landlord or Tenant which might, absent such provision, result in a forfeiture of all or part of the payment of such loss. All general liability, property damage, and other casualty policies shall be written on an occurrence basis as primary policies, not contributing with or in excess of coverage which Landlord may carry. The insurance limits set forth in this Article 5 are subject to such reasonable increases as requested by Landlord. 5.2.2 Tenant's obligations to carry the insurance provided for above may be brought within the coverage of an "umbrella" policy or policies of insurance carried and maintained by Tenant; provided, however, that such policy or policies shall (i) have limits of not less than $10,000,000, (ii) name" Landlord and any mortgagee or beneficiary of Landlord as additional insureds as their interests may appear, and (iii) provide that the coverage afforded Landlord will not be reduced or diminished by reason of the use of such blanket policies. If Tenant fails agrees to procure such permit Landlord at all reasonable times to inspect any policies of insurance or of Tenant which Tenant has not delivered to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this LeaseLandlord.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Aei Real Estate Fund Xviii Limited Partnership)

Policy Form. Each E.1. All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall be issued by an insurance company licensed companies with general policyholder’s rating of not less than A and a financial rating of not less than Class X as rating in the most current available “Best’s” Insurance Reports, qualified to do business in the State of California and with a general policyholders' rating of "A+" or better and a financial size ranking of "Class VIII" or higher where the Premises are situated. All such policies shall be issued in the most recent edition names of Best's Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord Lessor and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 belowLessee, and (iv) provide that the policy and the coverage provided if requested by Lessor, Lessor’s first mortgagee or beneficiary, which policies shall be primaryfor the mutual and joint benefit and protection of Lessor, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under Lessee and Lessor’s first mortgagee or beneficiary. Executed copies of such policy for any damage to Landlord policies of insurance or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate certificates thereof shall be delivered to Landlord by Tenant on or before Lessor within (10) ten days after substantial completion of the effective date of such policy premises, and thereafter Tenant shall deliver to Landlord executed copies of renewal policies or certificates at least thereof shall be delivered to Lessor within thirty (30) days prior to the expiration dates of expiring the term of each such policy. All public liability damage and property damage policies shall contain a provision that Lessor, although named as an insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its servants, agents and employees by reason of the negligence of Lessee. As often as any such policy shall expire or terminate, renewal or additional policies shall be procured and maintained by Lessee in like manner and to like extent. Lessee shall provide Lessor any written notice given to Lessee from company within thirty (30) days except ten (10) days notice due to non-payment cancellation. All public liability, property damage and other casualty policies shall be written as primary policies, not contributing with or in excess of coverage which Lessor may carry. E.2. If Tenant fails Notwithstanding anything to procure the contrary contained within this Article 11, Lessee’s obligations to carry the insurance provided for herein may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Lessee, provided, however, that Lessor and Lessor’s first mortgagee or beneficiary shall be named as an additional insured thereunder as their interests may appear and that the coverage afforded Lessor will not be reduced or diminished by reason of the use of such blanket policy insurance, and provided further that the requirements set forth herein are otherwise satisfied. Lessee agrees to permit Lessor at all reasonable times to inspect any policies of insurance or to deliver such of Lessee which policies or certificates, Landlord may, at its option, procure the same for Tenant's account, and the cost copies thereof shall be paid are not delivered to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this LeaseLessor.

Appears in 1 contract

Sources: Lease (Celladon Corp)

Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company licensed in the State Commonwealth of California Massachusetts and with a general policyholders' rating of "A+" “A-” or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's ’s Insurance Guide. Each insurance policy, other than Tenant's ’s workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, may at its option, procure the same for Tenant's ’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any the relevant insurance policy; provided, however, if Landlord desires to inspect and/or copy a policy pursuant to the foregoing and all insurance policies the policy contains information irrelevant to the coverage issue and/or also covers property other than the Premises, then Tenant shall not be required by this Leaseto release the portions of the policy that are irrelevant to the coverage issue or that relate to such other properties if they are not required for Landlord to reasonably assess the coverage issue.

Appears in 1 contract

Sources: Office Lease (Oscient Pharmaceuticals Corp)

Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall be issued by an insurance company licensed companies qualified to do business in the State of California and with reasonably acceptable to Landlord. Each such insurance company shall have a general policyholders' rating of "A+" or better and a financial size ranking of "at least A, Class VIII" or higher IX in the most recent edition of Best's Insurance ’s Key Rating Guide. Each Executed copies of such policies of insurance policyas Tenant is required to carry hereunder, other than Tenant's workers' compensation insuranceor certificates thereof, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice delivered to Landlord at least ten (10) days prior to Tenant’s first entry into the Premises, even if such entry is only for the purpose of installing Tenant’s fixtures and any other insureds designated by Landlord is first given, (ii) provide that no act or omission equipment and does not constitute acceptance of Tenant shall affect or limit the obligations delivery of possession of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, Premises. All public liability and (iv) provide that the policy and the coverage provided property damage insurance policies shall be primary, contain a provision that Landlord, although named as an additional insured, shall nevertheless be entitled to recovery under such policy said policies for any damage loss occasioned to Landlord or the other Indemnitees it, its servants, agents and employees by reason of acts the negligence of the Tenant. As often as any such policy shall expire or omissions of Tenantterminate, and that any coverage carried by Landlord renewal or additional policies shall be noncontributory with respect procured and maintained by Tenant in like manner and to like extent. All policies carried by Tenant. Each such of insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on must contain a provision that the company writing said policy will give to Landlord thirty (30) days’ notice in writing in advance of any modification, cancellation or before lapse or the effective date of any reduction in the amounts of insurance. All public liability, property damage, and other casualty policies shall be written as primary policies, and shall be neither excess coverage policies nor contributing with coverage carried by landlord. The limits of such insurance shall not limit the liability of Tenant. Notwithstanding anything to the contrary contained within this Section, either party’s obligation to carry the insurance provided for herein may be brought within the coverage of a so called blanket policy or policies of insurance carried and thereafter maintained by them; provided, however, that Landlord and Landlord’s lender shall be named as additional insureds thereunder as their interests may appear and that the coverage afforded Landlord and Landlord’s lender will not be reduced or diminished by reason of the use of such blanket policy of insurance, and provided further that the requirements set forth herein are otherwise satisfied. T▇▇▇▇▇ agrees to permit Landlord at all reasonable times to inspect the policies of insurance of Tenant covering risks upon the Premises for which policies or copies thereof are not required to be delivered to Landlord. Not more frequently than every two (2) years, if, in the opinion of L▇▇▇▇▇▇▇’s lender or of the insurance analyst retained by Landlord, the amount of bodily injury and property damage liability insurance coverage at that time is not adequate, Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to increase the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies coverage as required by this Leaseeither L▇▇▇▇▇▇▇’s lender or Landlord’s insurance analyst.

Appears in 1 contract

Sources: Triple Net Lease (Bank of Commerce Holdings)

Policy Form. Each 5.2.1 Tenant shall obtain all policies of insurance policy required pursuant by Section 5.1 from insurance companies reasonably acceptable to Paragraph 15.aLandlord which are qualified and admitted to do business in the jurisdiction where the Premises are situated. above All such policies shall be issued by an insurance company licensed in the State of California and with a general policyholders' rating of "A+" or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions name of Tenant, and, if requested by Landlord, Landlord, and that any mortgagee or beneficiary of Landlord or such other parties as required under any matter of record, shall also be named as additional insureds. In addition, all such policies providing coverage carried by for physical damage shall include loss payee and mortgagee endorsement in favor of Landlord and Landlord's mortgagee or beneficiary , respectively and as applicable. The Tenant shall be noncontributory with respect cause copies of such policies of insurance or originally executed certificates thereof to policies carried by Tenant. Each such insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date prior to Landlord's execution of such policy this Lease, and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least not less than thirty (30) days prior to any renewal thereof. As often as any such policy shall expire or terminate, Tenant shall procure and maintain renewal or additional policies with like terms. None of such policies shall contain any co- insurance requirements and all such policies shall provide for written notice to Landlord and any mortgagee or beneficiary of Landlord not less than thirty (30) days prior to any modification, cancellation, lapse, or reduction in the expiration dates amounts of expiring insurance, and shall further provide that any loss otherwise payable thereunder shall be payable notwithstanding any act or negligence of Landlord or Tenant which might, absent such provision, result in a forfeiture of all or part of the payment of such loss. All general liability , property damage, and other casualty policies shall be written on an occurrence basis as primary policies, not contributing with or in excess of coverage which Landlord may carry .The insurance limits set forth in this Article 5 are subject to such reasonable increases as requested by Landlord. 5.2.2 Tenant's obligations to carry the insurance provided for above may be brought within the coverage of an "umbrella" policy or policies of insurance carried and maintained by Tenant; provided, however, that such policy or policies shall (i) have limits of not less than $10,000,000, (ii) name Landlord and any mortgagee or beneficiary of Landlord as additional insureds as their interests may appear, and (iii) provide that the coverage afforded Landlord will not be reduced or diminished by reason of the use of such blanket policies. If Tenant fails agrees to procure such permit Landlord at all reasonable times to inspect any policies of insurance or of Tenant which Tenant has not delivered to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this LeaseLandlord.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Aei Net Lease Income & Growth Fund Xx Limited Partnership)

Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company licensed authorized to do business in the State of California and with a general policyholders' rating of "A+" “A-” or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's ’s Insurance Guide. Each Tenant shall provide Landlord with not less than ten (10) days’ prior written notice if an insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be policy obtained by Tenant hereunder is materially changed, cancelled or will be allowed to lapse unless thirty lapse. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies and any umbrella/excess coverage policies carried pursuant to clauses (30i) days' prior written notice to and (v) of Paragraph 15.a. above shall (i) name Landlord and all the other Indemnitees and any other insureds parties designated by Landlord is first givenas additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, insured and (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each The property insurance policy carried under item (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. A certificate of each such insurance policy or a certificate thereof required of Tenant pursuant to this Paragraph 15 shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty ten (3010) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's ’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.

Appears in 1 contract

Sources: Office Lease (Zscaler, Inc.)

Policy Form. Each insurance policy required pursuant to Paragraph 15.a. Paragraphs 15.a and 15.b above shall be issued by an insurance company licensed authorized to do business in the State of California Colorado and with a general policyholders' rating of "A+" “A-” or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's ’s Insurance Guide. Each Tenant shall provide Landlord with not less than thirty (30) days’ prior written notice if an insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be policy obtained by Tenant hereunder is materially changed, cancelled or will be allowed to lapse unless thirty lapse. If any of Tenant’s policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The liability policies and any umbrella/excess coverage policies carried pursuant to clauses (30i) days' prior written notice to and (v) of Paragraph 15.a. above shall (i) name Landlord and any other insureds designated by all Landlord is first givenInsurance Parties (hereinafter defined) as additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, insured and (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried under item (ii) of Paragraph 15.a above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each such insurance policy required of Tenant pursuant to this Paragraph 15, or a certificate thereof thereof, shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty ten (3010) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's ’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease. When used herein, “Landlord Insurance Parties” shall mean Landlord, any mortgagee (whose name is provided to Tenant for such purpose), Shorenstein Realty Services, L.P., Shorenstein Properties LLC, Shorenstein Company LLC, and Shorenstein Management, Inc. Landlord shall have the right to designate different Landlord Insurance Parties at any time by giving written notice to Tenant.

Appears in 1 contract

Sources: Office Lease (Salt Blockchain Inc.)

Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company licensed in the State of California and with a general policyholders' rating of "A+A-" or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insurance, policy shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord and any other insureds designated by Landlord is first given. If any of the above policies are subject to deductibles, the deductible amounts shall not exceed amounts approved in advance in writing by Landlord. The commercial general liability policies and any umbrella/excess coverage policies carried pursuant to item (i) in Paragraph 15.a. above shall (a) name Landlord and all the other Indemnitees and any other parties designated by Landlord as additional insureds, (iib) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, insured and (ivc) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. The property insurance policy carried under item (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each such insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.

Appears in 1 contract

Sources: Office Lease (Kitara Media Corp.)

Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall be issued by an insurance company companies with general policyholders’ rating of not less than “A” Class VI as rated in the most current available “Best’s Insurance Reports” and licensed to do business in the State of California Florida and with a in good financial standing, and general policyholders' rating of "A+" or better liability and a financial size ranking of "Class VIII" or higher umbrella liability policies shall be issued in the most recent edition names of Best's Insurance GuideLandlord, Tenant and other such persons or firms as Landlord specifies from time to time. Each insurance policySuch policies shall be for the mutual and joint benefit and protection of Landlord, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord Tenant and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 belowothers specified in this Lease, and (iv) provide that certificates of insurance enumerating the policy above coverages and the coverage provided shall be primary, that Landlord, although naming Landlord as an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof insured shall be delivered to the Landlord by within ten (10) days after delivery of possession of the Leased Premises to Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty within ten (3010) days prior to the expiration dates of expiring policiesthe term of each such policy. If Tenant fails to procure As often as any such insurance policy shall expire or to deliver such terminate, renewal or additional policies or certificates, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid procured and maintained by the Tenant in like manner and amounts and to like extent. All certificates delivered to the Landlord by Tenant upon demandmust contain a provision that Tenant’s Insurer will endeavor to give thirty (30) days’ notice in writing in advance of any cancellation or lapse or the effective date or any material change in coverage. All public liability, property damage and other casualty policies shall be written as primary policies, not contributing with and not as excess coverage to that which the Landlord may carry. The minimum limits of the liability policies of insurance set forth in subparagraphs 18 (b) (i) - (iii) above shall be subject to reasonable increase at any time, and from time to time, inspect and/or copy any and all insurance policies time provided the total coverages required to be maintained by Tenant are either required by this Leaseits mortgagee or are not substantially greater than the limits generally required to be maintained by tenants occupying similar space for comparable uses in the City of Jacksonville, Florida. Within thirty (30) days after demand therefor by Landlord, Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant agrees, at its own expense, to comply with all rules and regulations of the Fire Insurance Rating Organization having jurisdiction of the Demised Premises and to comply with all requirements imposed by Landlord’s insurance carrier, if any. If gas is used in the Demised Premises, Tenant shall install, at its expense, both manual and automatic gas cut-off devices.

Appears in 1 contract

Sources: Lease Agreement (EverBank Financial Corp)

Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall be issued by an insurance company companies with general policyholders’ rating of not less than “A” Class VI as rated in the most current available “Best’s Insurance Reports” and licensed to do business in the State of California Florida and with a in good financial standing, and general policyholders' rating of "A+" or better liability and a financial size ranking of "Class VIII" or higher umbrella liability policies shall be issued in the most recent edition names of Best's Insurance GuideLandlord, Tenant and other such persons or firms as Landlord specifies from time to time. Each insurance policySuch policies shall be for the mutual and joint benefit and protection of Landlord, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord Tenant and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 belowothers specified in this Lease, and (iv) provide that certificates of insurance enumerating the policy above coverages and the coverage provided shall be primary, that Landlord, although naming Landlord as an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof insured shall be delivered to the Landlord by within fifteen (15) days after delivery of possession of the Leased Premises to Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty within fifteen (3015) days prior to the expiration dates of expiring policiesthe term of each such policy. If Tenant fails to procure As often, as any such insurance policy shall expire or to deliver such terminate, renewal or additional policies or certificates, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid procured and maintained by the Tenant in like manner and amounts and to like extent. All certificates delivered to the Landlord by Tenant upon demandmust contain a provision that Tenant’s Insurer will endeavor to give thirty (30) days’ notice in writing in advance of any cancellation or lapse or any material change in coverage. All public liability, property damage and other casualty policies shall be written as primary policies, not contributing with and not as excess coverage to that which the Landlord may carry. The minimum limits of the liability policies of insurance set forth in subparagraphs 19(b)(i)-(iii) above shall be subject to reasonable increase at any time, and from time to time, inspect and/or copy any and all insurance policies time provided the total coverages required to be maintained by Tenant are either required by this Leaseits mortgagee or are not substantially greater than the limits generally required to be maintained by tenants occupying similar space for comparable uses in the City of Jacksonville, Florida within thirty (30) days after demand therefor by Landlord,Tenant shall furnish Landlord with evidence of Tenant’s compliance with such demand. Tenant agrees, at its own expense, to comply with all rules and regulations of the Fire Insurance Rating Organization having jurisdiction of the Leased Premises and to comply with all requirements imposed by Landlord’s insurance carrier, if any. If gas is used in the Leased Premises, Tenant shall install, at its expense, both manual and automatic gas cutoff devices.

Appears in 1 contract

Sources: Lease Agreement (EverBank Financial Corp)

Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company licensed in the State of California and with a general policyholders' rating of "A+A-" or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty ten (3010) days' prior written notice to Landlord and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty five (305) days Business Days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.

Appears in 1 contract

Sources: Office Lease (Sharper Image Corp)

Policy Form. Each 5.2.1 Tenant shall obtain all policies of insurance policy required pursuant by Section 5.1 from insurance companies reasonably acceptable to Paragraph 15.aLandlord which are qualified and admitted to-do business in the jurisdiction where the Premises are situated. above All such policies shall be issued by an insurance company licensed in the State names of California Landlord and with a general policyholders' rating Tenant, and, if request d by Landlord, any mortgagee or beneficiary of "A+" Landlord or better such other parties as required unde any matter of record, as additional insureds. In addition, all such policies providing coverage r physical damage shall include loss payee and a financial size ranking mortgagee endorsement in favor of "Class VIII" Landlord and Landlord's mortgagee or higher in the most recent edition beneficiary, respectively and as applicable. The Tenant shall use copies of Best's Insurance Guide. Each such policies of insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not or originally executed certificates thereof to be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice de1ive ed to Landlord and any other insureds designated by Landlord is first given, (ii) provide that no act or omission prior to Landlord's execution of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 belowthis Lease, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least not less than thirty (30) days prior to any renewal thereof. As often as any such policy shall expire or terminate, Tenant shall procure and maintain renewal or additional policies with like terms. None of such policies shall contain any co-insurance requirements and all such policies shall provide for written notice to landlord and any mortgagee or beneficiary of Landlord not less than thirty (30) days prior to any notification, cancellation, lapse, or reduction in the expiration dates amounts of expiring insurance, and shall further provide that any loss otherwise payable thereunder shall be payable notwithstanding any act or negligence of Landlord or Tenant which might, absent such provision, result in a forfeiture of all or art of the payment of such loss. All general liability, property damage, and other casualty policies shall be written on an occurrence basis as primary policies, not contributing with or in excess of coverage which Landlord may carry. The insurance limits set forth in this Article 5 are subject to such reasonable increases as requested by Landlord, provided that Landlord shall have no right to request such an increase more than once every ten (10) years. Sterling Master Form Lease 11/07/00 5.2.2 Tenant's obligations to carry the insurance provided for above may be brought within the coverage of an "umbrella" policy or policies of insurance carried and maintained by Tenant; provided, however, that such policy or policies shall (i) have limits of not less than $5,000,000, (ii) name Landlord and any mortgage or beneficiary of Landlord as additional insureds as their interests may appear, and (iii) provide that the coverage afforded Landlord will not be reduced or diminished by reason of the use such blanket policies. If Tenant fails agrees to procure such permit Landlord at all reasonable times to inspect any policies of insurance or of Tenant which Tenant has not delivered to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid to Landlord by Tenant upon demandLandlord. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Aei Income & Growth Fund Xxii LTD Partnership)

Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above provided for herein shall be issued by an insurance company licensed companies satisfactory to Landlord with general policy holders' rating of not less than A and a financial rating of AAA as rated in the most current available "Best Insurance Reports", and qualified to business in the State of California Texas, and with a general policyholders' rating of "A+" or better and a financial size ranking of "Class VIII" or higher shall be issued in the most recent edition names of Best's Insurance GuideLandlord, Tenant and such other person or firms as Landlord specifies from time to time. Each insurance policy, other than Tenant's workers' compensation insurance, Such policies shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations contain a waiver of the insurer with respect to any other insured, (iii) include all waiver right of subrogation rights endorsements necessary to effect against the provisions Landlord Such policies shall be for the mutual and joint benefit and protection of Paragraph 16 belowLandlord, Tenant and others hereinabove mentioned, and executed copies of such policies of insurance or certificates thereof shall be delivered to the Landlord no later than upon delivery of possession of the Premises to Tenant and thereafter within fifteen (iv15) provide days prior to the expiration of the term of each such policy. All public liability and property damage policies shall contain a provision that the policy and the coverage provided shall be primary, that Landlord, although named as an additional insured, insured shall nevertheless be entitled to recovery under such policy said policies for any damage loss occasioned to Landlord or the other Indemnitees it, its servants, agents and employees by reason of acts the negligence or omissions misconduct of the Tenant. As often as any such policy shall expire or terminate, and that any coverage carried by Landlord renewal or additional policies shall be noncontributory with respect procured and maintained by the Tenant in like manner and to like extent. All policies carried by Tenant. Each such of insurance policy or a certificate thereof shall be delivered to the Landlord by Tenant on must contain a provision that the company writing said policy will give to the Landlord fifteen (15) days notice in writing in advance of any cancellation or before lapse or the effective date of such policy any reduction in the amounts of insurance. All public liability, property damage and thereafter other casualty policies shall be written as primary policies, not contributing with and not in excess of coverage which the Landlord may carry. On default of Tenant shall deliver to Landlord renewal policies or certificates at least thirty (30) days prior to the expiration dates of expiring policies. If Tenant fails to procure keeping any such insurance or to deliver such policies or certificatesin force, the Landlord may, at its optionbut shall not be required, procure the same for Tenant's accountto obtain such insurance, and the cost thereof expense there of shall constitute and be paid collectible as additional rent, payable to Landlord by Tenant upon on Landlord's demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.

Appears in 1 contract

Sources: Lease Agreement (Juniper Partners Acquisition Corp.)

Policy Form. Each insurance policy required pursuant to this Paragraph 15.a. above 15 shall be issued by an insurance company licensed in the State of California and with a general policyholders' rating of "A+" “A-” or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's ’s Insurance Guide, and shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. Each insurance policypolicy required pursuant to Paragraph 15.a. above, other than Tenant's ’s workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse other than for nonpayment unless thirty (30) days' prior written notice to Landlord and any other insureds designated by Landlord is first given, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, and (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of TenantTenant or any items for which Tenant is required to insure as set forth above, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least within thirty (30) days prior to of the expiration dates of the expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord maymay after five (5) days’ written notice provided to Tenant, at its option, procure the same for Tenant's ’s account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.

Appears in 1 contract

Sources: Office Lease (New Relic Inc)

Policy Form. Each insurance policy required pursuant to Paragraph 15.a. or 15.b. above shall be issued by an insurance company licensed authorized to do business in the State of California and with a general policyholders' rating of "A+" “A-” or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's Insurance Guide. Each insurance policy, other Tenant shall provide Landlord with not less than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice if an insurance policy obtained by Tenant hereunder is materially changed, cancelled or will be allowed to lapse. Any deductibles shall be in commercially reasonable and customary amounts. The liability policies and any umbrella/excess coverage policies carried pursuant to clauses (i) and (v) of Paragraph 15.a. above shall (i) name or automatically add (by blanket additional insured endorsement) Landlord and all the other Indemnitees and any other insureds parties designated by Landlord is first givenas additional insureds, (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, insured and (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each The property insurance policies carried under item (ii) of Paragraphs 15.a. and 15.b. above shall include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below. A certificate of each such insurance policy or a certificate thereof required of Tenant pursuant to this Paragraph 15 shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty ten (3010) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificates, Landlord may, at its option, after not less than ten (10) days prior notice and opportunity to cure, procure the same for Tenant's account, and the cost thereof shall be paid to Landlord by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.

Appears in 1 contract

Sources: Office Lease (Warner Music Group Corp.)

Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company licensed in the State of California and with a general policyholders' rating of "A+A-" or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be materially changed, cancelled or allowed to lapse unless thirty (30) days' prior written notice to Landlord and any other insureds designated by Landlord is first givengiven (provided, however, if Tenant's insurance company, as a general policy, will only agree to a different standard with regard to notices required to be given to an additional insured, then that standard of notice shall instead apply), (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty ten (3010) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificatescertificates and such failure continues for ten (10) days after Tenant's actual receipt of written notice thereof from Landlord, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof shall be paid to Landlord by Tenant upon within thirty (30) days of Landlord's written demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease. Nothing in this Paragraph 15 shall be construed as creating or implying the existence of (i) any ownership by Tenant of any fixtures, additions, Alterations, or improvements in or to the Premises or (ii) any right on Tenant's part to make any addition, Alteration or improvement in or to the Premises.

Appears in 1 contract

Sources: Office Lease (Ask Jeeves Inc)

Policy Form. Each insurance policy required pursuant to Paragraph 15.a. above shall be issued by an insurance company licensed authorized to do business in the State of California and be rated by AM Best not lower than A- VIII. Tenant shall provide Landlord with a general policyholders' rating of "A+" or better and a financial size ranking of "Class VIII" or higher in the most recent edition of Best's Insurance Guide. Each not less than thirty (30) days’ prior written notice if an insurance policy, other than Tenant's workers' compensation insurance, shall (i) provide that it may not be policy obtained by Tenant hereunder is materially changed, cancelled or will be allowed to lapse unless thirty lapse, and not less than ten (3010) days' prior written notice for such event if due to non-payment of premium. If any of the above policies are subject to deductibles then such deductibles shall be commercially reasonable. The liability policies and any umbrella/excess coverage policies carried pursuant to clauses (i) and (v) of Paragraph 15.a. above shall (i) name Landlord and all the other Indemnitees and any other insureds parties designated by Landlord is first given, as additional insureds and (ii) provide that no act or omission of Tenant shall affect or limit the obligations of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, primary and that any coverage carried by Landlord shall be noncontributory with respect to policies polices carried by TenantLandlord and provide a severability of interests clause. Each such The property insurance policy or a carried under item (ii) of Paragraph 15.a. above shall include all waiver of subrogation rights endorsements necessary to affect the provisions of Paragraph 16 below. A certificate thereof evidencing each insurance policy required of Tenant pursuant to this Paragraph 15 shall be delivered to Landlord by Tenant on or before the effective date of such policy and thereafter Tenant shall deliver to Landlord renewal policies or certificates at least thirty five (305) days prior to the expiration dates of expiring policies. If Tenant fails to procure such insurance or to deliver such policies or certificatescertificates and such failure continues for ten (10) Business Days after written notice from Landlord, then Landlord may, at its option, procure the same for Tenant's ’s account, and the ▇▇▇▇▇▇▇▇’s reasonable out-of-pocket cost thereof shall be paid to Landlord by Tenant upon within thirty (30) days of Landlord’s written demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this Lease.

Appears in 1 contract

Sources: Office Lease (e.l.f. Beauty, Inc.)

Policy Form. Each All policies of insurance policy required pursuant to Paragraph 15.a. above of Subtenant herein shall be issued by an insurance company licensed companies with a current A.M. Best's Rating of A or better and a Financial Rating of at least VIII, both as rated in the most current "Best's Rating Guide," and which are qualified to do business in the State of California and with a general policyholders' rating of "A+" or better and a financial size ranking of "Class VIII" or higher in California. All such policies, except for the most recent edition of BestWorker's Insurance Guide. Each insurance policy, other than Tenant's workers' compensation insuranceCompensation coverage, shall (i) provide that it may not name and shall be materially changedfor the mutual and joint benefit and protection of Master Landlord, cancelled Sublandlord and all entities controlling, controlled by, or allowed to lapse unless thirty (30) days' prior written notice to Landlord under common control with Sublandlord, together with their respective owners, shareholders, partners, members, divisions, officers, directors, employees, representatives and any other insureds designated by Landlord is first givenagents, (ii) provide that no act or omission and all of Tenant their respective successors and assigns as additional insureds. The policies described in Parts C and D in Section 1 above shall affect or limit the obligations also name Sublandlord as loss payee. Certified copies of the insurer with respect to any other insured, (iii) include all waiver of subrogation rights endorsements necessary to effect the provisions of Paragraph 16 below, and (iv) provide that the policy declaration page and the coverage provided shall be primary, that Landlord, although an additional insured, shall nevertheless be entitled to recovery under such policy for any damage to Landlord or the other Indemnitees by reason of acts or omissions of Tenant, and that any coverage carried by Landlord shall be noncontributory with respect to policies carried by Tenant. Each such insurance policy or a certificate thereof following endorsements shall be delivered to Landlord Sublandlord prior to Subtenant, its agents or employees entering the Premises for any purpose: (a) an endorsement confirming Sublandlord's and its relate parties additional insured status as provided herein, an endorsement evidencing waiver of subrogation as provided by Tenant on this Exhibit D, and (b) an endorsement confirming that all policies required of Subtenant herein shall be endorsed to read that such policies are primary policies and any insurance carried by Sublandlord or before Sublandlord's property manager shall be noncontributing with such policies. Thereafter, certified copies of the effective date of such policy declaration page and thereafter Tenant shall deliver to Landlord all required endorsements for the renewal policies or certificates at least thirty required hereby shall be delivered to Sublandlord within ten (3010) days prior to the expiration dates of expiring policiesthe term of each policy. If Tenant fails Alternatively, Sublandlord may require certificates evidencing such insurance. All policies of insurance delivered to procure such insurance Sublandlord must contain a provision that the company writing the policy will endeavor to give to Sublandlord at least ten (10) days' prior notice of any cancellation or lapse or the effective date of any reduction in the amounts of insurance. No policy required to deliver such policies or certificates, Landlord may, at its option, procure the same for Tenant's account, and the cost thereof be maintained by Subtenant shall be paid to Landlord have a deductible greater than Ten Thousand Dollars ($10,000.00) unless approved in writing by Tenant upon demand. Landlord may at any time, and from time to time, inspect and/or copy any and all insurance policies required by this LeaseSublandlord.

Appears in 1 contract

Sources: Sublease