COMPLIANCE INFO_2002-2007 - Laserfiche WebLink

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t including but not limited to reasonable attorneys' fees and costs, arising from or associated in any matter whatsoever with a later discovery of Hazardous Materials present at, on, under, or Released from, the Demised Premises. Section 11.02 All insurance provided for in this Article shall be effected under policies issued by insurers with at least an A rating by A.M. Best's Insurance Guide. Tenant shall provide to Landlord, beginning on the Commencement Date and continuing annually thereafter, originals or true copies (certified by the applicable insurance carriers) of all insurance policies Tenant is required to carry under this Lease, together with certificates from all applicable insurance carriers evidencing the payment of premiums or accompanied by other evidence of such payment (e.g., receipts, canceled checks) reasonably satisfactory to Landlord. Section 11.03 The policies of insurance required under this Article XI shall name Tenant as the named insured and Landlord, Landlord's lender. and Landlord's representatives (as defined in Section 10.01 above) as additional named insured as their interests may appear, with primary coverage in favor of all additional named insured (and with provisions that any other insurance carried by Landlord shall be non-contributing and that naming Landlord and Landlord's representatives as additional insured shall not negate any right Landlord or Landlord's representatives would have had as claimants under the policy if not so named). All insurance policies required under this Article XI also shall provide that the beneficial interest of Landlord in such policies shall be fully transferable. All policies referred to in Section 11.0 1 (b) above shall provide that any loss shall be adjusted by Tenant and the proceeds of all such policies shall be made payable to the account of both Landlord and Tenant to be disbursed in accordance with the provisions of, and for the purposes set forth in, Article XII hereof. Section 11.04 Any insurance provided for in this Article may be effected by a blanket policy or policies of insurance, or under so-called "all-risk" or "multi -peril" insurance policies, provided that the amount of the total insurance available with respect to the Demised Premises shall provide coverage and indemnity at least equivalent to separate policies in the amounts herein required, and provided further that in other respects, any such policy or policies shall comply with the provisions of this Article. Any increased coverage provided by individual or blanket policies shall be satisfactory, provided the aggregate liability limits covering the Demised Premises under such policies shall otherwise comply with the provisions of this Article. In any such case, it shall be necessary to deliver an original or a true, certified copy of any such blanket policy to Landlord. Section 11.05 Every insurance policy carried by either party with respect to the Demised Premises shall (if it can be so written) include provisions waiving the insurer's subrogation rights against the other party to the extent such rights can be waived by the insured prior to the occurrence of damage or loss. Subject to the above, each party hereby waives any rights of recovery against the other party for any direct damage or consequential loss covered by said policies against which such party is protected by insurance whether or not such damage or loss shall have been caused by any acts or omissions of the other party, but such waiver shall operate only to the extent such waiving party is so protected by such insurance coverage. Section 11.06 Each insurance policy required to be carried by Tenant hereunder shall include a provision requiring the insurance carrier insuring such policy to provide Landlord with not less than thirty (30) days' prior written notice. of any threatened or actual lapse, cancellation, reduction, or other material change in such policy's coverage or its terms. If any insurance policy required to be and in fact carried by Tenant and covering the Demised Premises or any part T!