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Fill and Sign the Landlords Make Sure You Have the Right Risk Transfer Practices Form

Fill and Sign the Landlords Make Sure You Have the Right Risk Transfer Practices Form

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25.02[3] Provision Allocation Risks and Setting Forth Insurance Obligations of Both the Landlord and the Tenant The parties desire, to the extent permitted by law, to allocate certain risks of personal injury, bodily injury or property damage, and risks of loss of real or personal property by reason of fire, explosion or other casualty, and to provide for the responsibility for insuring those risks. It is the intent of the parties that, to the extent any event is insured for or required herein to be insured for, any loss, cost, damage or expense, arising from such event, including, without limitation, the expense of defense against claims or suits, be covered by insurance, without regard to the fault of Tenant, its officers, employees or agents ("Tenant Protected Parties"), and without regard to the fault of Landlord, its respective partners, shareholders, members, agents, directors, officers and employees ("Landlord Protected Parties"). As between Landlord Protected Parties and Tenant Protected Parties, such risks are allocated as follows: (a) Tenant shall bear the risk of bodily injury, personal injury or death, or damage to property, of third persons occasioned by any event(s) occurring on the Premises, provided such event is occasioned by the wrongful act or omission of Tenant Protected Parties. (b) Landlord shall bear the risk of bodily injury, personal injury, or death or damage to the property of third persons occasioned by any event(s) occurring on or about the Building (other than premises leased to tenants), provided such event is occasioned by the wrongful act or omission of any Landlord Protected Parties. (c) Tenant shall bear the risk of damage to Tenant's contents, trade fixtures, machinery, equipment, furniture and furnishings in the demised premises arising out of loss by the events required to be insured against pursuant to this Article. (d) Landlord shall bear the risk of damage to the Building arising out of loss by events required to be insured against pursuant to this Article. (e) Landlord shall, at its own cost and expense, maintain insurance on the Building against fire and risks covered by "extended coverage" on an "replacement cost" basis or containing a "replacement cost" endorsement in an amount sufficient to prevent Landlord from becoming a co-insurer ("All Risk" coverage). Landlord's insurance shall cover all items of Landlord's Work. Landlord shall also maintain a commercial general liability insurance policy, including contractual liability coverage (or with contractual liability endorsement) on an occurrence basis in amounts not less than Five Million ($5,000,000) Dollars combined single limit per occurrence with respect to bodily injury or death and property damage, to any one person and not less than Five Million ($5,000,000) Dollars with respect to bodily injury or death to any number of persons in any one occurrence and with respect to property damage. Landlord shall name Tenant as an additional insured on such policies and shall deliver a Certificate of Insurance upon Tenant's request. Landlord shall also carry rental value insurance for a loss period of at least One (1) year in an amount equal to the aggregate of all rent and additional rent payable by any and all tenants in the Building. Landlord shall provide Tenant with no less than Thirty (30) days written notice of any cancellation, nonrenewal or material change in coverage. (f) Tenant shall, at its own cost and expense, maintain insurance on its own furniture, fixtures and equipment in the Premises against fire and the risks covered by "extended coverage" for their full insurable value ("All Risk coverage Special Forms"), minus any applicable deductible(s), but in no event shall Tenant be required to carry plate glass insurance. Tenant, at its own cost and expense, shall maintain a commercial general liability insurance policy, including fire damage legal liability insurance and contractual liability coverage (or with contractual liability endorsement) on an occurrence basis in the amount of not less than Five Million Dollars ($5,000,000) combined single limit per occurrence in respect of bodily injury or death.

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