Tenant Manual

Insurance
The following verbiage has been excerpted from the Insurance article of a typical CENTER WEST Lease (Individual Lease requirements may vary):

12.4 Insurance Requirements and Prohibitions

 

12.4.1
Tenant shall deliver to Landlord, binders of insurance or endorsements to policies evidencing the coverage required under Article 12.3 at least ten (10) days prior to the earlier of the Commencement Date or the first entry by Tenant into the Premises for any purpose (including, without limitation, for the purpose of installation of Tenant’s furniture, equipment, and/or improvements) and thereafter, at least thirty (30) days prior to the expiration of each such binder or policy.

12.4.2
The binders or endorsements required by Article 12.4.1 shall have attached thereto the endorsement or portions of the policies referenced in Article 12.4.3 as naming “Landlord, Landlord’s management company, ground lessor, and/or lender or mortgagee as an insured”, and, further, shall bear evidence of full compliance with all the requirements of Articles 12.3, 12.4.9 and 12.4.10.

12.4.3
Tenant shall instruct its carrier(s) to provide Landlord with certified copies of all policies of insurance required under Article 12.3, including any endorsements necessary to procure any of the coverages required under Article 12.3, within thirty (30) days of their issuance.

12.4.4
If any of the insurance policies required under Article 12.3 contain aggregate limits Tenant shall restore the required limits should they be diminished by more than $500,000. If any of the insurance policies required under Article 12.3 contain aggregate limits which apply to operations of Tenant other than those operations which are the subject of this Lease, and such limits are diminished by more than $500,000 after any one (1) or more incidents, occurrences, claims, settlements or judgments against, or payments under such insurance, Tenant shall immediately restore the required limits or shall provide other insurance protection acceptable to Landlord for such aggregate limits.

12.4.5
If, on account of failure of Tenant to comply with any insurance provision of this Lease or provision or condition of any insurance policy required under Article 12.3, Landlord becomes a co-insurer, then, in addition to all other remedies available to Landlord, all resulting losses and expenses sustained by Landlord shall be borne and paid by Tenant within thirty (30) days of the date Landlord mails evidence of such loss and/or expense to Tenant.

12.4.6
Tenant shall, at Tenant’s expense, comply with all insurance company requirements pertaining to the use of the Premises or Building. If Tenant’s use or occupancy of the Premises (irrespective of Landlord’s consent thereto) results in any increase in premiums for the insurance carried by Landlord with respect to the Building, Tenant shall pay any such increase in premiums as Additional Rent within ten (10) days after being billed therefor by Landlord. Tenant shall promptly comply with all rules, regulations and requirements of the Pacific Fire Rating Bureau or any similar or successor authority.

12.4.7
The minimum limits of policies of insurance required of Tenant under this Lease shall in no event limit the liability of Tenant under this Lease.

12.4.8
Tenant shall give immediate notice to Landlord in case of fire or accident to or defect in the Building or any of its fixtures, appurtenances, or equipment.

12.4.9
The insurance Tenant is required to carry under Article 12.3 except those required under Articles, 12.3.2 (iii) and 12.3.4 shall be primary insurance as to all claims thereunder and provide that any insurance carried by Landlord is excess and is non-contributing with any insurance requirement of Tenant and contain a severability of interest clause acceptable to Landlord. Tenant shall have no claims whatsoever to any proceeds of insurance from insurance policies carried by Landlord.

12.4.10
The policies required under Article 12.3 shall provide that insurer shall give Landlord a minimum thirty (30) days written notice prior to any cancellation, non-renewal, assignment, or material change in the protection offered the Landlord. The required policies shall provide that coverage afforded Landlord, or mortgagee will not be affected by any breach by Tenant of any policy provision.

12.4.10
If the cost of defending any claims made under any policy required under Article 12.3.1 is included in the limits of liability of that policy, the minimum limit shall be $3,250,000. The liability policies required under Article 12.3 shall name each of Landlord, Landlord’s management company, ground lessor, as Landlord directs, and lender or mortgagee as an insured.