insurance required

ARTICLE XI

 

                            INSURANCE AND INDEMNITY

 

       Section 11.01    Tenant's Insurance.  Tenant shall, throughout the Term (and any other period when Tenant is in possession of the Premises), maintain at its sole cost the following insurance:

 

            (A)  All risks property insurance, naming Tenant, Landlord and Landlord’s management and leasing agent, Evans & Wagner Commercial Group, Inc., as insured parties, containing a waiver of subrogation rights which Tenant's insurers may have against Landlord and against those for whom Landlord is responsible under Law, including, without limitation, its directors, officers, agents and employees.  Such insurance shall insure (i) property of every kind owned by Tenant, or for which Tenant is legally liable, or installed by or on behalf of Tenant, located on or in the Shopping

Center, including, without limitation, Leasehold Improvements, in an amount not less than the full replacement cost thereof (new), with such cost to be adjusted no less than annually; and (ii) twelve months direct or indirect loss of earnings including prevention of access to the Premises or to the Shopping Center.  Such policy or policies, except with respect to Tenant's chattels and loss of earnings insurance, shall provide that loss thereon shall be adjusted and payable to Landlord, with the proceeds to be held in trust to be used for repair and replacement of the property so insured.  Tenant shall insure pursuant to this Section 11.01(A), unless waived by Landlord:  all stock-in-trade, furniture, fittings, installations, alterations, additions, partitions, fixtures and anything in the nature of Leasehold Improvements, with coverage against the perils of fire and such other risks as are, from time to time, included in standard extended coverage endorsements, including, without limitation, vandalism, malicious mischief, sprinkler leakage, earthquake, flood and collapse and special broad form coverages in the locality in which the Shopping Center is located.

 

            (B) Plate glass insurance, covering all plate glass in the Premises, shall be obtained to insure against any loss, damage or fracture, unless waived by Landlord.

 

            (C)  Broad form comprehensive general liability insurance.  Such policy shall contain inclusive limits of not less than $1,000,000.00 per occurrence, provide for cross liability, and include Landlord and Mortgagee as named insureds.  The policy shall also contain a personal injury endorsement covering claims arising out of false arrest, false imprisonment, defamation of character, liable and slander, wrongful eviction and invasion of privacy, without exclusion of coverage for claims of personal injury brought by employees, agents or contractors of an insured.

 

            (D)  Worker's compensation and employer's liability insurance in compliance with applicable legal requirements.

 

            All policies referred to above shall:  (i) be taken out with insurers licensed to do business in Florida and reasonably acceptable to Landlord; (ii) issued by insurers with general policy holder's rating of not less than "A" or better and financial size of XII or better, as rated in the most current and available "Best's Key Rating Guide"; (iii) be in a form reasonably satisfactory to Landlord; (iv) be non-contributing with, and shall apply only as primary and not as excess to any other insurance available to Landlord or the Mortgagee; and (v) contain an undertaking by the insurers to notify Landlord by certified mail not less than thirty (30) days prior to any material change, cancellation or termination.  Certificates of insurance on the Landlord's standard form or, if required by the Mortgagee, copies of such insurance policies certified by an authorized officer of Tenant's insurer as being complete and current, shall be delivered to Landlord promptly upon request.  If (a) Tenant fails to take out or to keep in force any insurance referred to in this Section 11.01, or should any such insurance not be approved by either Landlord or the Mortgagee, and (b) Tenant does not commence and continue to diligently cure such default within forty-eight (48) hours after written notice by Landlord to Tenant specifying the nature of such default, then Landlord has the right, without assuming any obligation in connection therewith, to effect such insurance at the sole cost of Tenant and  all outlays by Landlord shall be Additional Rent, immediately owing and payable by Tenant to Landlord, without prejudice to any other rights or remedies of Landlord under this Lease
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