General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) of this Work Letter.
Appears in 5 contracts
Samples: Building Lease (Formfactor Inc), Lease Agreement (Formfactor Inc), Building Lease (Formfactor Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10tO) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) Tenant and which shall insure name Landlord, and any other party that Landlord and Tenantso specifies, as their interests may appear, additional insured as well as Tenant's Contractor and Tenant's Agentsto the full limits required hereunder for such entire ten (10) year period. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee.
Appears in 4 contracts
Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Work LetterLetter Agreement. Landlord may, in its reasonable discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Improvements and naming Landlord as a co-obligee.
Appears in 4 contracts
Samples: Office Lease (Dexcom Inc), Office Lease, Office Lease (Dexcom Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) Tenant and which shall insure name Landlord, and any other party that Landlord and Tenantso specifies, as their interests may appear, additional insured as well as Tenant's Contractor and Tenant's Agentsto the full limits required hereunder for such entire ten (10) year period. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee.
Appears in 4 contracts
Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee.
Appears in 4 contracts
Samples: Office Lease (Rodgers Silicon Valley Acquisition Corp), Assignment of Sublease (Jaguar Animal Health, Inc.), Assignment of Sublease (Jaguar Animal Health, Inc.)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All Tenant will use commercially reasonable efforts to require that all such policies of insurance must (and any certificates of insurance provided to Landlord and Existing Holder) contain a provision that the company writing said policy will endeavor to give Landlord and Existing Holder at least thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction material change in the amounts of such insurancepolicy. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense (applying the insurance proceeds to which Tenant would be entitled following the maintenance of the insurance required hereunder); provided, however, to the extent such insurance proceeds are unavailable due to Landlord’s willful misconduct, the same shall be at Landlord’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 3.2.2.4 shall insure Landlord and Tenant, as their interests may appear, Existing Holder as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 3.2.2.2 of this Work Letter.
Appears in 3 contracts
Samples: Lease Agreement (Repligen Corp), Lease Agreement (Repligen Corp), Lease (Repligen Corp)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) the foregoing sections shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' ’ prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's Agents ’s Parties shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) section shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents’s Parties. All insurance, except Workers' ’ Compensation, maintained by Tenant's Agents ’s Parties shall preclude or waive subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) of the Lease or this Work LetterExhibit.
Appears in 3 contracts
Samples: Office Lease (Quotient Technology Inc.), Lease Agreement (Miramar Labs, Inc.), Lease Agreement (Miramar Labs, Inc.)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee.
Appears in 3 contracts
Samples: Lease Agreement (PROCEPT BioRobotics Corp), Multi Tenant Office Triple Net Lease (Aehr Test Systems), Lease (SGX Pharmaceuticals, Inc.)
General Terms. Certificates of insurance (in form satisfactory to Landlord) for all insurance carried pursuant to this Section 3.2.2(D) 3.2.1.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said such policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work Work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 3.2.1.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing above insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B3.2.1.2 of this Tenant Work Letter. Consistent with Section 6.05(b) of this Work LetterLease, Tenant shall fulfill the Posted Security Requirements to ensure the lien-free completion of the Improvements.
Appears in 3 contracts
Samples: Land Lease (Switch, Inc.), Land Lease (Switch, Inc.), Land Lease (Switch, Inc.)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D4.2(b)(iv) shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the siteProject. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' ’ prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereofthereof and this Lease is not terminated, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and TenantTenant Improvements. All policies carried under this Section 3.2.2(D) shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurancesuch insurance relating to property, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B4.2(b)(ii) of this Tenant Work LetterLetter and Tenant’s right with respect to the waiver of subrogation.
Appears in 3 contracts
Samples: Lease Agreement (Cloudflare, Inc.), Lease Agreement (Cloudflare, Inc.), Lease Agreement (Trident Microsystems Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty ten (3010) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insuranceinsurance or in the alterative Tenant may provide such notice. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. , All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter.
Appears in 2 contracts
Samples: Sublease Agreement (Oportun Financial Corp), Sublease Agreement (Oportun Financial Corp)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) Tenant and which shall insure name Landlord, and any other party that Landlord and Tenantso specifies, as their interests may appear, additional insured as well as Tenant's Contractor and Tenant's Agentsto the full limits required hereunder for such entire ten (10) year period. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter. Landlord may, in its discretion, as provided in Section 8.3 of this Lease, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee.
Appears in 2 contracts
Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause cause, except to the extent arising from the gross negligence or willful misconduct of Landlord, during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Work Letter. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Improvements and naming Landlord as a co-obligee.
Appears in 2 contracts
Samples: Office Lease Agreement (Tableau Software Inc), Office Lease Agreement (Tableau Software Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice (ten (10) days for nonpayment of premiums) of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair cause the same to be repaired at Tenant's sole no cost and expenseto Landlord or by application of the Improvement Allowance. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure name Landlord and Tenant, as additional insureds, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Work Letter.
Appears in 2 contracts
Samples: Office Lease (SERVICE-NOW.COM), Office Lease (Volcano Corp)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D2(h) shall be delivered to Landlord Sublandlord before the commencement of construction of the Tenant Subtenant Improvements and before the any contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord Sublandlord thirty (30) days' prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Subtenant Improvements are damaged by any cause during the course of the construction thereof, Tenant Subtenant shall immediately repair the same at TenantSubtenant's sole cost and expense. TenantSubtenant's Agents General Contractor shall maintain all of the foregoing insurance coverage in force until the Tenant Subtenant Improvements are fully completed and accepted by LandlordSublandlord, except for any Products and Completed Operation Coverage insurance required by LandlordSublandlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord Sublandlord and TenantSubtenant. All policies carried under this Section 3.2.2(D2(h) shall insure Landlord Master Landlord, Sublandlord and TenantSubtenant, as their interests may appear, as well as TenantSubtenant's Contractor and Tenant's AgentsGeneral Contractor. All insurance, except Workers' Compensation, maintained by TenantSubtenant's Agents General Contractor shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects with respect to the Landlord Sublandlord and that any other insurance maintained by Landlord Sublandlord is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord Sublandlord by Tenant Subtenant under the Sublease or Section 3.2.2(B4(g) of this Work LetterAgreement.
Appears in 2 contracts
Samples: Sublease Commencement Date Agreement (Ariba Inc), Sublease (Interwoven Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the any equipment of Tenant's Contractor ’s Agents is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Operations Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work Tenant Improvements and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from serve to limit the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee.
Appears in 2 contracts
Samples: Office Lease (Ixia), Office Lease (Ixia)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice (10 days for nonpayment of premiums) of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair cause the same to be repaired at Tenant's sole no cost and expenseto Landlord or by application of the Improvement Allowance. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure name Landlord and TenantTenant s additional insureds, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Work Letter.
Appears in 2 contracts
Samples: Sublease (Dexcom Inc), Office Lease (Entropic Communications Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance certificates must contain indicate that the relevant policy contains a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insuranceinsurance for a period of one year following the issuance of any such certificate. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately promptly repair the same at Tenant's ’s sole cost and expense, provided that any resulting delay shall be a Force Majeure Delay if the damage results from any of the causes enumerated in Section 4.4.1 below. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner (Landlord) and that any other insurance maintained by Landlord owner (Landlord) is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Work Letter.
Appears in 2 contracts
Samples: Office Lease, Office Lease (Splunk Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) Tenant and which shall insure name Landlord, and any other party that Landlord and Tenantso specifies, as their interests may appear, additional insured as well as Tenant's Contractor and Tenant's Agentsto the full limits required hereunder for such entire ten (10) year period. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee.
Appears in 2 contracts
Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice (ten (10) days for nonpayment of premiums) of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair cause the same to be repaired at Tenant's sole no cost and expenseto Landlord or by application of the Improvement Allowance. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure name Landlord and TenantTenant as additional insureds, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Work Letter.
Appears in 2 contracts
Samples: Sublease (Dexcom Inc), Office Lease (Entropic Communications Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Suite 400 Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy Tenant will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Suite 400 Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Suite 400 Improvements are fully completed and accepted by Landlord, except for any Products and Landlord’s initials /s/ K.W. Tenant’s initials /s/ B.R. EXHIBIT B Third Amendment 11 Lyft, Inc. Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Suite 400 Expansion Premises Work Letter.
Appears in 2 contracts
Samples: Office Lease (Lyft, Inc.), Office Lease (Lyft, Inc.)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance; provided, however, if Tenant’s insurers do not agree to provide the notices required hereinabove to Landlord, Tenant shall not be in default under this Lease, but in such event, Tenant agrees to provide Landlord with a copy of any such notice it receives from the insurance company. In the event that If the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's the Contractor and Tenant's ’s Agents, and shall name as additional insureds Landlord’s Property Manager, Landlord’s Asset Manager, and all mortgagees and ground lessors of the Building. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.3 of this Tenant Work Letter.
Appears in 1 contract
Samples: Lease (Aqua Metals, Inc.)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) of this Work Letter. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee.
Appears in 1 contract
Samples: Lease Agreement (Ingenuus Corp)
General Terms. Certificates for all insurance carried by Tenant pursuant to this Section 3.2.2(D9(d) shall be delivered to Landlord before the commencement of construction of the Tenant Improvements Leasehold Work and before the equipment of Tenant's Contractor is moved onto the siteupon request as to any contractor. All such policies of insurance maintained by for certain premises located at 000 X 00xx Xxxxxx xx Xxxxxx, Xxxx Tenant must contain a provision that the company writing said policy will give Landlord not less than thirty (30) days' days prior written notice of any cancellation or of lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are Leasehold Work is damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense; provided, however, Landlord shall bear the cost of such repair to the extent such damage is caused by Landlord's or its contractor's or representative's gross negligence or willful misconduct. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are Leasehold Work is fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried by Tenant under this Section 3.2.2(D9(d) shall insure Landlord and Landlord’s agents and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) other sections of this Work Letter.Exhibit F.
Appears in 1 contract
Samples: Lease (Tpi Composites, Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance; notwithstanding the foregoing, Landlord acknowledges that, as of the date of this Lease, many insurers are unwilling to provide third parties (such as Landlord) with notice of cancellation and agrees that if the insured is unable to obtain such commitment from its insurer (despite the insured’s commercially reasonable efforts), then the insured's obligation pursuant to the provisions of this sentence will be to notify Landlord within five (5) days following the insured's receipt of any notice of cancellation from the insurer. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents, and shall name as additional insureds Landlord's Property Manager, Landlord's Asset Manager, and all mortgagees and ground lessors of the 1200 Building. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.3 of this Tenant Work Letter.. ACTIVE/117699601.1
Appears in 1 contract
Samples: Lease Agreement (Adicet Bio, Inc.)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee.
Appears in 1 contract
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord FLUC before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord FLUC thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause cause, except to the extent arising from the gross negligence or willful misconduct of FLUC, during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by LandlordFLUC, except for any Products and Completed Operation Coverage insurance required by LandlordFLUC, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord FLUC and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord FLUC and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord FLUC by Tenant under Section 3.2.2(B) 4.2.2.2 of this Work Letter. FLUC may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to FLUC in an amount sufficient to ensure the lien-free completion of the Improvements and naming FLUC as a co-obligee.
Appears in 1 contract
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.5 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.5 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents, and shall name as additional insureds Xxxxxxx Landmark Ltd., Asahi Urban (U.S.A.) Development Corporation, Landmark Square Investors Ltd., Xxxxxxx Realty Corporation, Xxxxxxx Investment and Development Corporation, Xxxxxxx Management Corporation, and all mortgagees of the Real Property. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.3 of this Tenant Work Letter.
Appears in 1 contract
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.3 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately direct its Contractor or Tenants Agents as appropriate to repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by LandlordLandlord pursuant to this Work Letter, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten one (101) years year following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.3 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Work Letter. Landlord may, in its reasonable discretion, require Tenant to obtain a lien and completion bond or some alternate form of security reasonably satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee.
Appears in 1 contract
Samples: Office Lease (Visualant Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) Schedule “C-1” shall be delivered to Landlord before any entry into the commencement of construction of the Premises by Tenant Improvements and before the equipment or any of Tenant's Contractor is moved onto the site’s contractors or subcontractors. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any modification, cancellation or lapse nonrenewal; provided, however, said insurer shall only be required to provide ten (10) days prior written notice of the effective date or any reduction cancellation in the amounts event of such insurancenon-payment of premium. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's Agents ’s contractors and subcontractors shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies insurance policies, except Workers’ Compensation, carried under this Section 3.2.2(D) Schedule “C-1” shall insure Tenant and include Landlord and Tenantas additional insured, as their interests may appear, as well as Tenant's Contractor ’s contractors and Tenant's Agentssubcontractors. All insurance, except Workers' ’ Compensation, maintained by Tenant's Agents ’s contractors and subcontractors shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required hereunder. The requirements for of the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) of this contained in the Work Letter.
Appears in 1 contract
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereofthereof that is not caused in whole or in part by the gross negligence of Landlord or any person or entity acting on Landlord's behalf, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee.
Appears in 1 contract
Samples: Lease (Veeco Instruments Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the any equipment of Tenant's Contractor ’s Agents is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Operations Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work Tenant Improvements and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from serve to limit the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter.. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee. EXHIBIT B -8-
Appears in 1 contract
Samples: Office Lease
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D14(d) (and additional insured endorsements) shall be delivered to Landlord before the commencement of construction of the Additional Tenant Improvements and before the Tenant’s Contractor’s equipment of Tenant's Contractor is moved onto the siteLand. All such policies of insurance must contain a provision that the company writing said policy will give Tenant shall deliver written notice to Landlord at least thirty (30) days' days prior written notice of to any cancellation or lapse modification of the effective date insurance provided by Tenant and Tenant’s Agents or any reduction in the amounts threatened cancellation or modification of such insurancewhich Tenant becomes aware. In the event that any of the Tenant Landlord Improvements are damaged by any cause Tenant or Tenant’s Agents during the course of the construction thereofof the Additional Tenant Improvements or during the Early Access period, Tenant Landlord shall immediately promptly repair the same at Tenant's ’s sole cost and expense. , and any delay caused thereby shall be deemed a “Tenant Delay.” Tenant's Agents ’s Contractors shall maintain all of the foregoing insurance coverage in force until the Additional Tenant Improvements are fully and finally completed and accepted by Tenant and Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten three (103) years following completion of the work Additional Tenant Improvements and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D14(d) shall insure Landlord and Tenant, as their interests may appear, appear as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' Worker’s Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) of this Work Letterthe Lease.
Appears in 1 contract
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insuranceinsurance (ten (10) days advanced notice for cancellation due to non-payment). In the event that the Tenant Improvements are damaged by any cause other than the performance of the Base Building Improvements during the course of the construction thereof, Tenant shall immediately promptly repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation 4000-0000-0000.5 391174.00001/5-24-21//mem EXHIBIT B -10- XXXXXX XXXXX [Turning Point Therapeutics] claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter. Provided that Tenant’s Contractor is the same general contractor hired by Landlord for the Base Building Improvements, no completion bond, performance bond or other surety shall be required.
Appears in 1 contract
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 3.2.1.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work Work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 3.2.1.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B3.2.1.2 of this Tenant Work Letter. Consistent with Section 6.05(a) of this Lease and Section 3.4.1 of this Tenant Work Letter, Landlord shall require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord, in its sole discretion, in an amount sufficient to ensure the lien-free completion of the Tenant Improvements. Such lien and completion bond shall name Landlord as a co-obligee.
Appears in 1 contract
Samples: Industrial Lease (Switch, Inc.)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D3(d) shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D3(d) shall insure Landlord (and any other party designed by Landlord) and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) of this Tenant Work Letter. Landlord may, in its reasonable discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee.
Appears in 1 contract
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) Tenant and which shall insure name Landlord, and any other party that Landlord and Tenantso specifies, as their interests may appear, additional insured as well as Tenant's Contractor and Tenant's Agentsto the full limits required hereunder for such entire ten (10) year period. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter. Landlord may, in its discretion, as provided in Section 8.3 of the Original Lease, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee.
Appears in 1 contract
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice (ten (10) days for nonpayment of premiums) of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair cause the same to be repaired at Tenant's sole no cost and expenseto Landlord or by application of the Improvement Allowance. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any 712812.03/WLA 214064-00120/9-26-13/gjn/gjn -10- 0000 XXXXXXXX XXXXX, XXX XXXXX [Second Amendment/Substitute Premises Amendment] [Entropic Communications, Inc.] Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure name Landlord and TenantTenant as additional insureds, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Work Letter.
Appears in 1 contract
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) Paragraph 6 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Tenant’s Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are Demised Premises or any portion thereof is damaged by any cause during the course of the construction thereofof Tenant Improvements, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are is fully completed and accepted by Landlordcompleted, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten five (105) years following completion of the work and acceptance by Landlord and TenantLandlord. All policies carried under this Section 3.2.2(D) Paragraph 6.3 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's AgentsLandlord’s Consulting PM. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the to Landlord and Landlord’s Agent and that any other insurance maintained by Landlord and Landlord’s Agent is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) of this Work Letterthe Lease.
Appears in 1 contract
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 3.2.1.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work Work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 3.2.1.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B3.2.1.2 of this Tenant Work Letter. Consistent with Section 6.05(a) of this Work LetterLease, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements, and naming Landlord as a co-obligee.
Appears in 1 contract
Samples: Industrial Lease (Switch, Inc.)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.6.3 shall be delivered to Landlord and Tenant before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord and Tenant thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant Landlord shall immediately repair the same at Tenant's sole cost same. Landlord shall use commercially reasonable efforts to ensure that Contractor and expense. Tenant's Agents shall all subcontractors maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by LandlordTenant, except for any Products and Completed Operation Coverage insurance required by Landlordinsurance, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.6.3 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All Landlord shall use commercially reasonable efforts to ensure that all insurance, except Workers' ’ Compensation, maintained by Tenant's Agents Contractor and all subcontractors shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.4 of this First Amendment Work Letter.
Appears in 1 contract
Samples: Office Lease (Favrille Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Expansion Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will endeavor to give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Expansion Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expenseexpense or, if the Lease terminates as a result of such casualty, assign the insurance proceeds therefor (or the proceeds that Tenant would have received had it carried the insurance required under this Tenant Work Letter) to Landlord and pay to Landlord the amount of the deductible under such insurance, in each case to the extent the Tenant Improvement Allowance or Additional TI Allowance was expended therefor. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Expansion Tenant Improvements are fully completed and accepted by Landlordcompleted, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten five (105) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunderwork. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter.
Appears in 1 contract
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.5 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty [***] (30[***]) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten [***] (10[***]) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.5 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's the Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter.
Appears in 1 contract
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Expansion Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' ’ prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Expansion Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Expansion Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.3 shall insure Landlord and Tenant, as their interests may my appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.3 of this Tenant Work Letter. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien free completion of the Expansion Improvements and naming Landlord as a co obligee.
Appears in 1 contract
Samples: Lease (Model N Inc)
General Terms. Certificates for all of the foregoing insurance carried pursuant to this Section 3.2.2(D) coverage shall be delivered to Landlord before the commencement of construction of the Tenant Improvements Work and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will endeavor to give Landlord thirty (30) days' ’ prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements Work are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements Work are fully completed and accepted by Landlord, except for any Products and Completed Operation Operations Coverage insurance required by Landlord, which is to be maintained for ten one (101) years year following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) hereunder shall insure Landlord Landlord, Wareham Property Group as Xxxxxxxx’s manager, and TenantXxxxxx, as their interests may appear, as well as Tenant's Contractor and Tenant's Xxxxxx’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and Tenant and that any other insurance maintained by Landlord or Tenant is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) of the Lease and/or this Work LetterAgreement.
Appears in 1 contract
Samples: Office/Laboratory Lease (Ligand Pharmaceuticals Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Fifth Amendment Landlord's initials /s/ K.W. Tenant's initials _______________ EXHIBIT B CHINA BASINFifth AmendmentLyft, Inc. Premises Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy Tenant will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Fifth Amendment Premises Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Fifth Amendment Premises Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Fifth Amendment Premises Work Letter.
Appears in 1 contract
Samples: Office Lease (Lyft, Inc.)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Construction Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years the term of the policy following completion of the work and acceptance by Landlord and TenantTenant and shall be on a “claims-made” form. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Construction Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Construction Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work LetterLetter and each party’s rights with respect to the waiver of subrogation.
Appears in 1 contract
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insuranceImprovements. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expenseexpense (subject to Tenant’s right to revise the design of the Tenant Improvements to the extent provided herein). Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any reasonable and customary Products and Completed Operation Coverage insurance reasonably required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies (with the exception of workers compensation insurance) carried under this Section 3.2.2(D) 2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' Compensation, insurance maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunderLandlord and any party required by Landlord to be named or automatically added as an additional insured. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) this Lease. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of this Work Lettersecurity satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee.
Appears in 1 contract
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) Work Letter must comply with the requirements of Article VI of the Lease and shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's Agents ’s Contractors shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten three (103) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 10 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agentsthe Contractor. All insurance, except Workers' ’ Compensation, maintained by Tenant's Agents ’s Contractors shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the foregoing insurance shall not derogate from lien-free completion of the provisions for indemnification of Tenant Improvements and naming Landlord by Tenant under Section 3.2.2(B) of this Work Letteras a co-obligee.
Appears in 1 contract
General Terms. Certificates for all of the foregoing insurance carried pursuant to this Section 3.2.2(D) coverage shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will endeavor to give Landlord thirty (30) days' ’ prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Operations Coverage insurance required by Landlord, which is to be maintained for ten one (101) years year following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) hereunder shall insure Landlord Landlord, Wareham Property Group [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and Tenantfiled separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. as Xxxxxxxx’s manager, and Xxxxxx, as their interests may appear, as well as Tenant's Contractor and Tenant's Xxxxxx’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and Tenant and that any other insurance maintained by Landlord or Tenant is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) of the Lease and/or this Work LetterAgreement.
Appears in 1 contract
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the equipment of Tenant's ’s Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' ’ prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's ’s Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) of this Work Letter.
Appears in 1 contract
Samples: Lease Agreement (Formfactor Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty ten (3010) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insuranceinsurance or in the alterative Tenant may provide such notice. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter.
Appears in 1 contract
Samples: Lease Agreement (Rovi Corp)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) Schedule C-2 shall be delivered to Landlord before any entry into the commencement of construction of the Project by Tenant Improvements and before the equipment of or any Tenant's Contractor is moved onto the siteAgent. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair rep au' the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) Schedule C-2 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required inSUl'311Creequired hereunder. The requirements for of the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) of contained in this Work Letter. [DBL:dbI/Xxxxxxx Properties - SDTC - YoNalurals Work Letter/1064.002) EXHIBIT C - Page 2 RULES AND REGULATIONS Tenant shall faithfully observe and comply with the following Rules and Regulations (including, but not limited to the General Rules, the Parking Rules and the Rules of the Site (Contractor's Work)). Landlord shall not be responsible to Tenant for the nonperformance of any of said Rules and Regulations by or otherwise with respect to the acts or omissions of any other tenants or occupants of the Project. Landlord reserves the right at any time to change or rescind any one or more of these Rules and Regulations, or to make such other and further reasonable Rules and Regulations as in Landlord's judgment may from time to time be necessary for the management, safety, care and cleanliness of the Premises and the Project, and for the preservation of good order therein, as well as for the convenience of other occupants and tenants therein. Landlord may waive anyone or more of these Rules and Regulations for the benefit of any particular tenants, but no such waiver by Landlord shall be construed as a waiver of such Rules and Regulations in favor of any other tenant, nor prevent Landlord from thereafter enforcing any such Rules or Regulations against any or all tenants of the Project. Tenant shall be deemed to have read these Rules and Regulations and to have agreed to abide by them as a condition of its occupancy of the Premises. In the case of any conflict between these Rules and Regulations and the Lease, the Lease shall control.
Appears in 1 contract
Samples: Office Lease (Fresh Healthy Vending International, Inc.)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Second Amendment Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy or the insured will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Second Amendment Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expensesame. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Second Amendment Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter. In connection with any Second Amendment Tenant Improvements which cost in excess of $1,000,000.00 in the aggregate, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Second Amendment Tenant Improvements and naming Landlord as a co-obligee.
Appears in 1 contract
Samples: Lease (Sequenom Inc)
General Terms. Certificates for all insurance ------------- carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by LandlordLandlord (if applicable under Section 4.2.2.4.2), which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant EXHIBIT C -5- under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee.
Appears in 1 contract
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements any Construction Items and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements any Construction Items are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements Construction Items are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing non contributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Work LetterLetter Agreement. Tenant shall, prior to commencement of construction of any Construction Items, obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements, naming Landlord as a co-obligee and in a form satisfactory to Landlord.
Appears in 1 contract
Samples: Lease Agreement (Expedia Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord and Sublandlord before the commencement of construction of the Tenant Initial Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord and Sublandlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Initial Improvements are damaged by any cause during the course of the construction thereof, Tenant Subtenant shall immediately repair the same at Tenant's Subtenant’s sole cost and expense. Tenant's Subtenant’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Initial Improvements are fully completed and accepted by LandlordLandlord and Sublandlord, except for any Products and Completed Operation Coverage insurance required by LandlordLandlord and Sublandlord, which is to be maintained for ten (10) years the term of the policy period following the substantial completion of the work and acceptance by Landlord and TenantInitial Improvements. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord Landlord, Sublandlord and TenantSubtenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Subtenant’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's Subtenant’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and/or Sublandlord and that any other insurance maintained by Landlord Sublandlord is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord and Sublandlord by Tenant Subtenant under Section 3.2.2(B) 4.2.2.2 of this Work Letter.
Appears in 1 contract
Samples: Sublease (Electronic Arts Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same EXHIBIT B -9- SEQUENCE TECHNOLOGY CENTER [Expansion and Extension Amendment] [DexCom, Inc.] at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Work LetterLetter Agreement. Landlord may, in its reasonable discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Improvements and naming Landlord as a co-obligee.
Appears in 1 contract
Samples: Office Lease (Dexcom Inc)
General Terms. Certificates for all insurance carried pursuant ------------- to this Section 3.2.2(D) 4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause (other than Landlord's or Landlord's Employees' negligence or willful misconduct) during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4 of this Work LetterConstruction Agreement.
Appears in 1 contract
Samples: Office Lease (Smart & Final Inc/De)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant shall require that Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is Tenant shall require Contractor to be maintained maintain for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Work Letter. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Improvements and naming Landlord as a co-obligee.
Appears in 1 contract
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(DParagraph 3(d) shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insuranceinsurance (provided that if Xxxxxx's insurer is unwilling or unable to provide such notice in accordance with industry practice, then Tenant shall promptly provide such notice to Landlord). In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately promptly repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenantcompleted. All policies carried under this Section 3.2.2(DParagraph 3(d) shall insure Landlord, the Landlord Parties (and any other party designated by Landlord) and Tenant, as their interests may appear, as well as Tenant's Contractor and TenantXxxxxx's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord and the Landlord Parties by Tenant under Section 3.2.2(B) of this Work LetterExhibit.
Appears in 1 contract
Samples: Lease (Gigamon Inc.)
General Terms. Certificates for all ------------- insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to --------------- Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their --------------- interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 --------------- of this Tenant Work Letter. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee.
Appears in 1 contract
Samples: Office Lease (Extreme Networks Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.4.1.4 shall be delivered to Landlord before the commencement of construction of the Tenant Expanded Premises Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Expanded Premises Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's Agents The Contractor shall maintain all of the foregoing insurance coverage in force until the Tenant Expanded Premises Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4,4,1.4 shall insure Landlord and Tenant, as their interests may appear, appear as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' Worker’s Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.4.1.2 of this Tenant Work Letter.
Appears in 1 contract
Samples: Office Lease (Rodgers Silicon Valley Acquisition Corp)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) Tenant and which shall insure name Landlord, and any other party that EXHIBIT B PARK PLACE AT BAY XXXXXXX ZS Pharma, Inc. Landlord and Tenantso specifies, as their interests may appear, additional insured as well as Tenant's Contractor and Tenant's Agentsto the full limits required hereunder for such entire ten (10) year period. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee.
Appears in 1 contract
Samples: Office Lease (ZS Pharma, Inc.)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.6.3 shall be delivered to Landlord and Tenant before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord and Tenant thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant Landlord shall immediately repair the same at Tenant's sole cost same. Landlord shall use commercially reasonable efforts to ensure that Contractor and expense. Tenant's Agents shall all subcontractors maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by LandlordTenant, except for any Products and Completed Operation Coverage insurance required by Landlordinsurance, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.6.3 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All Landlord shall use commercially reasonable efforts to ensure that all insurance, except Workers' ’ Compensation, maintained by Tenant's Agents Contractor and all subcontractors shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.4 of this Tenant Work Letter.
Appears in 1 contract
Samples: Office Lease (Favrille Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 6.5 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements Improvement Work and before the Contractor’s (or any Tenant’s Agent’s) equipment of Tenant's Contractor is moved onto the sitePremises. All such policies of insurance must contain a provision shall provide that the company writing said policy will such insurance carrier shall endeavor to provide thirty (30 days notice of cancelation or non-renewal, 10 days for non-payment of premium. In addition to foregoing, Tenant shall promptly give Landlord thirty (30) days' prior written notice of any cancellation or lapse of the effective date or coverage in any reduction in the amounts of such insurancepolicy required to be maintained by Tenant hereunder. In the event that the Tenant Improvements Improvement Work are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements Improvement Work are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by LandlordLatent Defect Coverage, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 6.5 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from diminish the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) this Agreement or the Lease. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of this security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvement Work Letterand naming Landlord as a co-obligee.
Appears in 1 contract
Samples: Office Lease (Zoosk, Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Construction Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Construction Agents. All insurance, except Workers' Compensation, maintained by Tenant's Construction Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required hereunder. The requirements for Landlord may, in its discretion, require Tenant to require its contractors obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the foregoing insurance shall not derogate from lien-free completion of the provisions for indemnification of Tenant Improvements and naming Landlord by Tenant under Section 3.2.2(B) of this Work Letteras a co-obligee.
Appears in 1 contract
Samples: Standard Industrial Net Lease (Jmar Technologies Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord Lessor before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies certificates of insurance must contain a provision that the company writing said policy will give Landlord Lessor thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant Lessee shall immediately repair the same at Tenant's Lessee’s sole cost and expense, subject to any then remaining portion of the Tenant Improvement Allowance. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlordcompleted, except for any Products and Completed Operation Coverage insurance required by LandlordLessor, which is to be EXHIBIT B -8- FIFTH AMENDMENT TO LEASE [11099 North Xxxxxx Xxxxx Road] [DermTech, Inc.] maintained for ten (10) years following completion of the work and acceptance by Landlord Lessor and TenantLessee. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord Lessor and TenantLessee, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord Lessor by Tenant Lessee under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter.
Appears in 1 contract
Samples: Lease Agreement (DermTech, Inc.)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) the foregoing sections shall be delivered to Landlord before the commencement of construction of the Additional Premises Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' ’ prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Additional Premises Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's Agents ’s Parties shall maintain all of the foregoing insurance coverage in force until the Additional Premises Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten six (106) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) section shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents’s Parties. All insurance, except Workers' ’ Compensation, maintained by Tenant's Agents ’s Parties shall preclude or waive subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and that any other insurance maintained by Landlord is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) of the Lease or this Work LetterExhibit.
Appears in 1 contract
Samples: Lease (CarGurus, Inc.)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All insurance, except Workers' Compensation, maintained by Tenant's Agents shall preclude subrogation claims by the insurer against anyone insured thereunderthereunder and shall name Landlord and its sole general partner, Arden Realty, Inc., as additional insureds. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter. Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of the Tenant Improvements and naming Landlord as a co-obligee.
Appears in 1 contract
General Terms. Certificates for all insurance carried pursuant to ------------- this Section 3.2.2(D) Work Letter must comply with the requirements of the Lease and shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents Contractors shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 10 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agentsthe Contractor. All insurance, except Workers' Compensation, maintained by Tenant's Agents Contractors shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the foregoing insurance shall not derogate from lien-free completion of the provisions for indemnification of Tenant Improvements and naming Landlord by Tenant under Section 3.2.2(B) of this Work Letteras a co-obligee.
Appears in 1 contract
Samples: Lease (Therma Wave Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor's equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's sole cost and expense. Tenant's Agents Tenant shall use commercially reasonable efforts to ensure that Contractor and all subcontractors maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) 4.2.2.4 shall insure Landlord and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's Agents. All Tenant shall use commercially reasonable efforts to ensure that all insurance, except Workers' Compensation, maintained by Tenant's Agents Contractor and all subcontractors shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) 4.2.2.2 of this Tenant Work Letter.
Appears in 1 contract
Samples: Office Lease (Farville Inc)
General Terms. Certificates for all insurance carried pursuant to this Section 3.2.2(D) Paragraph 4.2.2.4 shall be delivered to Landlord before the commencement of construction of the Tenant Improvements and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will give Landlord thirty (30) days' days prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Products and Completed Operation Coverage insurance required by Landlord, which is to be maintained for ten (10) years following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) Tenant and which shall insure name Landlord, and any other party that Landlord and Tenantso specifies, as their interests may appear, additional insured as well as Tenant's Contractor and Tenant's Agentsto the full limits required hereunder for such entire ten (10) year period. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord owner and that any other insurance maintained by Landlord owner is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) Paragraph 4.2.2.2 of this Work Letter.. 4885-9329-8068.6/391320.00007/5-29-24/arb/bwt EXHIBIT D -9-
Appears in 1 contract
Samples: Office Lease (e.l.f. Beauty, Inc.)
General Terms. Certificates for all of the foregoing insurance carried pursuant to this Section 3.2.2(D) coverage shall be delivered to Landlord before the commencement of construction of the Tenant Improvements Suites A, B and C-1 Alterations and before the Contractor’s equipment of Tenant's Contractor is moved onto the site. All such policies of insurance must contain a provision that the company writing said policy will endeavor to give Landlord thirty (30) days' ’ prior written notice of any cancellation or lapse of the effective date or any reduction in the amounts of such insurance. In the event that the Tenant Improvements Suites A, B and C-1 Alterations are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant's ’s sole cost and expense. Tenant's ’s Agents shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements Suites A, B and C-1 Alterations are fully completed and accepted by Landlord, except for any Products and Completed Operation Operations Coverage insurance required by Landlord, which is to be maintained for ten one (101) years year following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Section 3.2.2(D) hereunder shall insure Landlord Landlord, Wareham Property Group as Landlord’s manager, and Tenant, as their interests may appear, as well as Tenant's Contractor and Tenant's ’s Agents. All insurance, except Workers' ’ Compensation, maintained by Tenant's ’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the Landlord and Tenant and that any other insurance maintained by Landlord or Tenant is excess and noncontributing with the insurance required hereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 3.2.2(B) of the Lease and/or this Work LetterAgreement.
Appears in 1 contract
Samples: Lease (Sangamo Therapeutics, Inc)