Resolution 2023-10 - Laserfiche WebLink

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occurrence and $2,000,000 aggregate. All such policies shall be endorsed to include Tenant as an additional insured. Subject to the policy minimums set forth above in this Section 10.1, the insurance required of Landlord hereunder may be maintained by a blanket or master policy that includes properties other than the Property. 10.2 Tenant Obligations. Throughout the Term, Tenant shall procure and maintain, at Tenant's sole cost and expense, and shall cause each contractor of the Tenant to procure and maintain, the following insurance coverage: (1) workers' compensation insurance with no less than the minimum limits required by Applicable Law; (ii) employer's liability insurance with such limits as required by Applicable Law; and (iii) Commercial General Liability with a minimum limit of $1,000,000 per occurrence and $2,000,000 aggregate. All such policies shall be endorsed to include Landlord as additional insured. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Tenant pursuant to this Agreement. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured by the Tenant to maintain such continuous coverage. Coverage with respect to additional insureds shall contain a severability of interests provision. 10.3 Insurance Requirements. All policies required by this Section 10 shall be issued by insurers that are (1) licensed to do business in the state in which the Property and/or Structure are located, and (2) rated A- or better by Best's Key Rating Guide. Each party shall provide to the other a certificate of insurance evidencing the coverage required by this Section within thirty (30) days following the Effective Date, except Tenant shall provide such certificate prior to commencement of any work on the Premises. 10.4 Waiver of Subrogation. To the fullest extent permitted by law, Landlord and Tenant for themselves and any and all parties claiming under or through them, including, without limitation, their respective insurers, hereby mutually release and discharge each other and the other's Affiliates, and their respective officers, directors, shareholders, agents, employees, contractors, and/or any other person or entity for whom a Party is legally responsible from any claims for damage to any person or to the Premises or any other real or personal property that are or are claimed to have been caused by or result from fire or risks insured against under any insurance policies carried by the waiving party and in force at the time of such damage and hereby waive any right of subrogation that might otherwise exist in or accrue to any person on account thereof. All policies required to be carried by either Party herein shall contain an endorsement in favor of the other Party waiving the insurance company's right of subrogation against such other Party. THIS RELEASE SHALL APPLY EVEN IF THE LOSS OR DAMAGE IS CAUSED BY THE FAULT OR NEGLIGENCE OF A PARTY HERETO OR BY ANY PERSON FOR WHICH SUCH PARTY IS RESPONSIBLE. EACH PARTY AGREES TO NOTIFY ITS INSURANCE CARRIER(S) OF THIS PROVISION. 11. Representations and Warranties. 11.1 Representations and Warranties. Landlord represents, warrants and covenants that, to the extent of its actual knowledge: (a) Landlord has the right and authority to execute and perform this Agreement; (b) there are no liens, except Mortgages (defined below) of record as of the Effective Date, judgments or other title matters materially and adversely affecting Landlord's title to the Property, except and subject to any recorded utility franchises and easements; (c) there are no covenants, easements or restrictions that prevent the use of the Premises for Tenant's Permitted Use; (d) the Structure and the Premises are in good repair; (e) Landlord will comply with all federal, state, and local laws in connection with any substances brought on to the Property and/or Structure that are identified as toxic or hazardous by any Applicable Law, ordinance or regulation ("Hazardous Substance"); and (f) subject to the terms and conditions of this Agreement, Tenant's use and quiet enjoyment of the Premises shall not be disturbed. Landlord is responsible for any loss or damage, including remediation, to the extent not caused by the Tenant, with respect to Hazardous Substances as per Applicable Law. Tenant shall not introduce or use any Hazardous Substance on the Property in violation of any Applicable Law. Landlord understands and agrees that notwithstanding anything contained in this Agreement to the contrary, in no event shall Tenant have any liability whatsoever with respect to any Hazardous Substance that was on, about, adjacent Site Number: DNDEN00260D Market: Denver Confidential & Proprietary Option Version: 1.0 CGC