Common use of THE TENANT SHALL Clause in Contracts

THE TENANT SHALL. 9.1.1 insure the Premises, pay the Insurance Premiums and maintain the following insurance against: (i) loss or damage by fire, explosion, ▇▇▇▇▇, ▇▇▇▇▇▇▇ (including lightning), flood, earthquake, burst pipes, impact, heave, subsidence and (in peacetime) aircraft and articles dropped there from, riot, civil commotion and malicious damage impact by road vehicle for their full Reinstatement Value in the name of the Tenant with the Landlord as additional insured and Loss Payee as their interests may appear and the Lender as additional insured and First Loss Payee as their interests may appear; (ii) the loss of rent payable under this Lease from time to time (having regard to the review of Basic Rent which may become due under this Lease) equal to twenty four (24) months of Basic Rent or such longer period as the Landlord and the Tenant may from time to time agree to in writing as being sufficient or for the purposes of planning and carrying out any reinstatement of the Premises following a Casualty in the name of the Tenant with the Landlord as additional insured and Loss Payee as their interests may appear and the Lender as additional insured and First Loss Payee as their interests may appear; (iii) third party liability arising out of or in connection with any matters involving or relating to the Premises in an amount satisfactory to the Landlord, acting reasonably which is in line with insurance usually effected by a prudent owner of a property being of a similar nature to the Premises and naming the Landlord and the Lender as additional insured; and (iv) such other insurance coverage as the Landlord shall reasonably request which is applicable to commercial properties and constitutes a risk and an amount that it is usual business practice to insure against in Germany; (jointly referred as the "INSURED RISKS"). 9.1.2 The Tenant will procure at all times that all insurance policies contain: (i) a clause whereby such insurance policy will not be vitiated or avoided as against a Mortgagee in the event or as a result of any misrepresentation, act or neglect or failure to make disclosure on the part of the insured party or any circumstances beyond the control of any insured party; and (ii) terms prohibiting the insurer from vitiating or avoiding any insurance policy as against a Mortgagee in the event of any misrepresentation, act or neglect or failure to make full disclosure on the part of the Landlord, the Tenant or other insured party and a waiver of all rights of subrogation. 9.1.3 ensure that the insurer has a claims paying ability rating of at least AA- given by Standard & Poor's Rating Services, a Division of MacGraw Hill Companies, Inc. or an equivalent rating by ▇▇▇▇▇'▇ Investment Services and is authorised to write insurance in Germany, or, if the insurer does not possess such rating, ensure that the insurer is reputable, authorized to write insurance in Germany and reasonably acceptable to Landlord; 9.1.4 at least thirty (30) days prior to modifying or replacing any insurance required under Clause 9. 1.1 provide the Landlord with details of the proposed insurance, the form of policy, details of the insurer, any excesses and deductible exclusions and limitations under the policy, details of the full Reinstatement Value including all professional fees, and details of all other amounts insured under the policy. The Landlord's approval for modifying or replacing any insurance is required if terms of the insurance are different than set out under this Clause 9 or if any deductible is increased. If the Landlord's approval is required, the Tenant shall have the right to renew, modify or replace the insurance policy, if such approval has been granted in writing. The approval or disapproval should be issued by the Landlord acting reasonably within fourteen (14) days, counting from the day on which the Tenant proposed to the Landlord the full details of the insurance; 9.1.5 comply with the requirements of the insurers relating to the Premises; 9.1.6 promptly, but in any event within three (3) days of the occurrence, give the Landlord written notice of any material damage to or destruction of the Premises; 9.1.7 pay the Landlord within ten (10) days of demand the reasonable costs incurred by the Landlord in connection with any insurance claim relating to the Premises arising from any insurance taken out by the Landlord pursuant to Clause 9.3, including, but not limited to, deductibles, reasonable legal fees, and costs of Landlord's construction consultant. 9.1.8 notify the Landlord immediately if the Tenant, undertenant, or any other lawful occupier vacates the Premises; and 9.1.9 provide to Landlord and to the Lender certified copies of policies (or any substitute documents issued by the insurance company) and receipts with respect to the payment of premium within thirty (30) days following the commencement or renewal date of the insurance. 9.1.10 Undertake all reasonable endeavours to cause each insurer carrier to issue a certificate of third party interest in the insurance (Sicherungsbestatigung / Sicherungsschein) in favour of Lender confirming that the legal provisions set out in sections 94 and 142 to 149 of the German Insurance Contract Act (Versicherungsvertragsgesetz) apply to all kinds of property insurances.

THE TENANT SHALL. 9.1.1 8.1.1 insure the Premises, pay the Insurance Premiums and maintain the following insurance against: (i) loss or damage by fire, explosion, ▇▇▇▇▇, ▇▇▇▇▇▇▇ (including lightning), flood, earthquake, burst pipes, impact, heave, heave and subsidence and (in peacetime) aircraft and articles dropped there from, riot, civil commotion and malicious damage impact by road vehicle for their full Reinstatement Value in the name of the Tenant with the Landlord as additional insured and Loss Payee as their interests may appear and the Lender as additional insured and First Loss Payee as their interests may appear; (ii) the loss of rent payable under this Lease from time to time (having regard to the review of Basic Rent which may become due under this Lease) equal to twenty four (24) months of Basic Rent or such longer period as the Landlord and the Tenant may from time to time agree to in writing as being sufficient or for the purposes of planning and carrying out any reinstatement of the Premises following a Casualty in the name of the Tenant with the Landlord as additional insured and Loss Payee as their interests may appear and the Lender as additional insured and First Loss Payee as their interests may appear; (iii) third party liability arising out of or in connection with any matters involving or relating to the Premises in an amount satisfactory to the Landlord, acting reasonably which is in line with insurance usually effected by a prudent owner of a property being of a similar nature to the Premises and naming the Landlord and the Lender as additional insured; and (iv) such other insurance coverage required by Landlord, provided that such insurance is available to Tenant on a commercially reasonable basis and is consistent, as to types of coverage and amounts, with the Landlord shall reasonably request which is applicable to commercial requirements generally of institutional lenders or prudent owners or operators of similar properties and constitutes a risk and an amount that it is usual business practice to insure against in Germany; (jointly referred as the "INSURED RISKS"). 9.1.2 The 8.1.2 Tenant will procure at all times that all insurance policies contain: (i) a clause whereby such insurance policy will not be vitiated or avoided as against a Mortgagee in the event or as a result of any misrepresentation, act or neglect or failure to make disclosure on the part of the insured party or any circumstances beyond the control of any insured party; and (ii) terms prohibiting the insurer from vitiating or avoiding any insurance policy as against a Mortgagee in the event of any misrepresentation, act or neglect or failure to make full disclosure on the part of the Landlord, the Tenant or other insured party and a waiver of all rights of subrogation. 9.1.3 8.1.3 ensure that the insurer has a claims paying ability rating of at least AA- A given by Standard & Poor's Rating Services, a Division of MacGraw Hill Companies, Inc. or an equivalent rating by ▇▇▇▇▇'▇ Investment Services and is authorised to write insurance in Germany, or, if the insurer does not possess such rating, ensure that the insurer is reputable, authorized to write insurance in Germany and reasonably acceptable to Landlord; 9.1.4 8.1.4 at least thirty (30) days prior to modifying or replacing any insurance required under Clause 98. 1.1 provide the Landlord with details of the proposed insurance, the form of policy, details of the insurer, any excesses and deductible exclusions and limitations under the policy, details of the full Reinstatement Value including all professional fees, and details of all other amounts insured under the policy. The , and Landlord shall respond to Landlord's approval request for modifying consent to any modification or replacing any insurance is required if terms of the insurance are different than set out under this Clause 9 or if any deductible is increased. If the Landlord's approval is required, the Tenant shall have the right to renew, modify or replace the insurance policy, if such approval has been granted in writing. The approval or disapproval should be issued by the Landlord acting reasonably replacement within fourteen (14) days, counting from days of receipt of the day on which the Tenant proposed to the Landlord the full complete details of the insurancesuch information; 9.1.5 8.1.5 comply with the requirements of the insurers relating to the Premises; 9.1.6 8.1.6 promptly, but in any event within three (3) days of the occurrence, give the Landlord written notice of any material damage to or destruction of the either Related Premises; 9.1.7 8.1.7 pay the Landlord within ten (10) days of demand the reasonable costs incurred by the Landlord in connection with any insurance claim relating to the Premises arising from any insurance taken out by the Landlord pursuant to Clause 9.3, including, but not limited to, deductibles, reasonable legal fees, and costs of Landlord's construction consultant.8.3; 9.1.8 8.1.8 notify the Landlord immediately if the Tenant, undertenant, or any other lawful occupier vacates the PremisesRelated Premises is vacant; and 9.1.9 provide to Landlord and to the Lender certified copies of policies (or any substitute documents issued by the insurance company) and receipts with respect to the payment of premium within thirty (30) days following the commencement or renewal date of the insurance. 9.1.10 Undertake all reasonable endeavours to cause each insurer carrier to issue a certificate of third party interest in the insurance (Sicherungsbestatigung / Sicherungsschein) in favour of Lender confirming that the legal provisions set out in sections 94 and 142 to 149 of the German Insurance Contract Act (Versicherungsvertragsgesetz) apply to all kinds of property insurances.