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If more than one Annual Aggregate Limit applies in any one occurrence, the most we will pay is the highest involved Annual Aggregate Limit. The most we will pay during each annual period is the highest of the Annual Aggregate Limits shown.
EXCESS OF LOSS LIMITATION APPLIES – See Causes of Loss – Broad Form Flood endorsement. | Aggregate Limit and Excess of Loss Limitation | Aggregate Limit and Excess of Loss Limitation |
(b) In the event that this Lease is assigned or the Premises are sublet (except for any assignment or subletting which does not result in a change of beneficial ownership of this Lease, of in connection with an Assignment to an affiliate, successor or to a coporation intio which Tenant is merged or consolidated, or to an entity to which substantially all of the assets of Tenant are transferred), it shall be a condition of such assignment or subletting that Tenant shall deposit or arrange for the deposit with Landlord as security hereunder an additional amount equal to two (2) months fixed rent at the rate then in effect for the first assignment or subletting and an additional (2) months fixed rent at the rate then in effect for each and every subsequent assignment or subletting. | Security Deposit for Assignment/Sublet | Security Deposit |
Termination by Supplier. In addition to the termination events set forth in Section 3(b), Supplier may terminate this Agreement if any amount or fee due with respect to Products delivered pursuant to this Agreement and POs submitted hereunder (other than with respect to Products returned to Supplier in accordance with Section 4(b)) remains unpaid by Purchaser for a period of more than fifteen (15) calendar days following Purchaser’s receipt of a notice of delinquency; provided, however, that Supplier may only terminate this Agreement pursuant to this Section 3(d) in the event Purchaser’s past due payment obligations under this Agreement exceed $150,000. | Delinquency Termination | Termination for Unpaid Payments |
Landlord reserves the right to interrupt, suspend, or cease any of the services referred to herein when necessary by reason of accident, or repairs, alteration, or improvements which in Landlord's option are necessary or desirable, or difficulty or inability in securing supplies or labor, or strikes, or any other cause beyond the reasonable control of Landlord whether similar or dissimilar to those herein above mentioned. Tenant shall not be entitled to any diminution or abatement of rent or other compensation, and Tenant's obligations under this Lease shall not be affected or reduced, by reason of any interruption, suspension or cessation of services except as otherwise provided herein. No interruption, suspension or cessation of services shall constitute a constructive or partial eviction. Landlord shall use its best efforts to perform repairs at reasonable times and upon notice. Where possible, Landlord shall provide Tenant with reasonable notice of such interruption of service. | Interruption of Services Notice | No Eviction |
Patient is on corticosteroids that increase blood glucose levels, so put patient on sliding scale normal insulin to adjust for high sugars | Sliding Scale Insulin Adjustment | Sliding Scale Insulin Adjustment |
All, HVAC, and lighting fixtures installed by Tenant in the Premises shall be deemed | Tenant Installed Fixtures | Allocation of Costs |
If you are distributing Goldman Sachs "retail investment products" (as such term is defined in the handbook of the Financial Conduct Authority) into the United Kingdom and you are entitled to receive any commission or fee from Goldman Sachs, you represent and warrant to Goldman Sachs that you will not transfer any part of that commission or fee to any third party who may advise retail investors to purchase a Goldman Sachs retail investment product. | Commission Transfer Prohibition | UK Commissions |
) ss.: COUNTY OF NEW YORK )
On the day of , October in the year 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me, on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument.
Notary Public | Notary Undertaking | Notary |
5. Permitted Uses of the Software and Related Materials. As each configuration of central processing units and/or networked systems may be unique, Licensee agrees to conform Licensee's use of the Software to the particular Software configuration licensed by Licensor to Licensee. Said configuration is incorporated into this license agreement by reference, inclusive of Modifications created or approved by Licensor. Licensee may make one (1) copy of the Software for archival purposes only, unless Licensor agrees otherwise in writing. | Permitted Uses | Permitted Uses of Software |
Deluxe property coverage form - additional coverages & coverage extensions | Property Coverage Extensions | Casualty Damage and Restoration |
Primary statistical analyses of PK and GD parameters will be conducted on the set of patients who complete all treatment periods. Supportive analyses may be done on the key parameters for the patients who complete at least the first period of treatment. Safety analyses will be conducted on the set of patients receiving at least 1 dose of the study drug to which they are randomized, regardless of whether or not they completed all protocol requirements. | Data Analysis | Study Analysis Plan |
Genito Urinary - No increased frequency or pain on urination. Some urge incontinence
with history of prolapse. Musculo Skeletal - no changes in strengths, no joint tenderness or swelling Neurologic - No changes in memory Psychology - No changes in mood Heme/Lymph - Denies easy bruising | Genito-Urinary and Musculo- | Genito-Urinary Requirements |
Fire Department Service Charge | Fire Department Service Charge | Fire Department Service Charge |
Landlord shall submit to Tenant a statement setting forth the computation of the amount of such excess Taxes and Tenant's Share of each thereof including copies of applicable tax bills. Tenant shall pay Tenant's Share of such excess amount of Taxes within ten days after the rendition of such statement which shall separately calculate Tenant’s Share, however, the payment of Tenant's Share shall not be due earlier than 10 days before the corresponding Taxes are due to the taxing authority.
In no event shall the annual fixed rent under this Lease be reduced by virtue of this Article
41. The computations under this Article 41 are intended to constitute a formula for an agreed rental escalation and do not necessarily constitute an actual reimbursement to Landlord for costs or expenses paid by Landlord with respect to the building. | Tax Reimbursement Formula | Tax Escalation |
National Transportation Safety Board Aviation Accident Factual Report
Location:
Jagel, Germany
Accident Number:
DEN08WA037
Date & Time:
11/28/2007, 1800 UTC
Registration:
N141CD
Aircraft:
Cirrus Design Corp. SR-20
Aircraft Damage:
Substantial
Defining Event:
Injuries:
1 Fatal
Flight Conducted Under:
Part 91: General Aviation - Ferry
On November 28,, 2007, at 1800 UTC, a Cirrus Design Corporation SR-20, N141CD, serial number 1032, while on approach for landing at Jaleg, Schleswig-Holsteinschen, Germany, struck power lines and subsequently impacted terrain. The airplane was destroyed and the private pilot, the sole person on board the airplane, was fatally injured. Instrument meteorological conditions prevailed at the time of the accident. The cross-country ferry flight originated in the Netherlands and was en route to Sylt, Germany.
This investigation is under the jurisdiction and control of the German government. Any further information may be obtained from:
German Federal Bureau of Aircraft Accidents Investigation Bundesstelle fur Flugenfallensuchung (BFU)
Herman-Blenk Strasse 16 38108 Braunschweig
Germany
This report is for informational purposes only and contains only information released by, or obtained from, the BFU of Germany.
Page 1 of 3
Pilot Information
Certificate:
Age:
Airplane Rating(s):
Seat Occupied:
Other Aircraft Rating(s):
Restraint Used:
Instrument Rating(s):
Second Pilot Present:
Instructor Rating(s):
Toxicology Performed:
Medical Certification:
Last FAA Medical Exam:
Occupational Pilot:
Last Flight Review or Equivalent:
Flight Time:
Aircraft and Owner/Operator Information
Aircraft Make:
Cirrus Design Corp.
Registration:
N141CD
Model/Series:
SR-20
Aircraft Category:
Airplane
Year of Manufacture:
Amateur Built:
No
Airworthiness Certificate:
Serial Number:
Landing Gear Type:
Seats:
Date/Type of Last Inspection:
Certified Max Gross Wt.:
Time Since Last Inspection:
Engines:
Airframe Total Time:
Engine Manufacturer:
ELT:
Engine Model/Series:
Registered Owner:
Rated Power:
Operator:
Operating Certificate(s) Held:
None
Meteorological Information and Flight Plan
Conditions at Accident Site:
Instrument Conditions
Condition of Light:
Observation Facility, Elevation:
Distance from Accident Site:
Observation Time:
Direction from Accident Site:
Lowest Cloud Condition:
Visibility
Lowest Ceiling:
Visibility (RVR):
Wind Speed/Gusts:
/
Turbulence Type Forecast/Actual:
/
Wind Direction:
Turbulence Severity Forecast/Actual:
/
Altimeter Setting:
Temperature/Dew Point:
Precipitation and Obscuration:
Departure Point:
Type of Flight Plan Filed:
Unknown
Destination:
Jaleg, UN
Type of Clearance:
Departure Time:
Type of Airspace:
Airport Information
Airport:
Runway Surface Type:
Airport Elevation:
Runway Surface Condition:
Runway Used:
IFR Approach:
Runway Length/Width:
VFR Approach/Landing:
Wreckage and Impact Information
Crew Injuries:
1 Fatal
Aircraft Damage:
Substantial
Passenger Injuries:
N/A
Aircraft Fire:
Ground Injuries:
N/A
Aircraft Explosion:
Total Injuries:
1 Fatal
Latitude, Longitude:
Administrative Information
Investigator In Charge (IIC):
David C Bowling
Additional Participating Persons:
Karsten Severin; German BFU
Investigation Docket:
NTSB accident and incident dockets serve as permanent archival information for the NTSB’s investigations. Dockets released prior to June 1, 2009 are publicly available from the NTSB’s Record Management Division at pubinq@ntsb.gov, or at 800-877-6799. Dockets released after this date are available at http://dms.ntsb.gov/pubdms/. | Accident Report | Accident Details |
Equitable Relief. Each party acknowledges that the unauthorized use or disclosure of the disclosing party’s Confidential Information may cause the disclosing party to incur irreparable harm and significant damages, the degree of which may be difficult to ascertain. Accordingly, each party agrees that the disclosing party will have the right to seek immediate equitable relief to enjoin any unauthorized use or disclosure of its Confidential Information, in addition to any other rights and remedies that it may have at law or otherwise. | Equitable Relief | Equitable Relief |
sale or rental of pornographic literature (such as an "Adult Book Store"); | Prohibited Use | Pornographic Literature |
AGGREGATE LIMITS OF
INSURANCE
01. Applies at the following Building(s) numbered:
07-13,18
$1,000,000
02. Applies at the following Building(s) numbered:
02-06,14-15
$2,500,000
03. Applies at the following Building(s) numbered:
16-17,19
$5,000,000 | Building Aggregate Limits | Insurance Limits and Endorsements |
Turbulence Type Forecast/Actual: | Turbulence Type Forecast/Actual | Turbulence Type Forecast/Actual |
A minimum of approximately 21 hours washout between the test meals allows for a complete washout of study drug administered with the MMTT and glucose response and prevents carry- over effects. | Washout Period | Medication Use Eligibility Requirements |
REVISED LIMITS OF INSURANCE
Spoilage
$25,000
LIMITATIONS:
LIMITS OF INSURANCE
REVISED LIMITS OF INSURANCE
Ammonia Contamination
$25,000
Hazardous Substance
$25,000 | Spoilage and Contamination Limits | Insurance Limits |
Common coverage and amendments
DESCRIPTION
FORM NUMBER
NUCLEAR ENERGY LIABILITY EXCLUSION
IL 00 21 09 08
TEXAS CHANGES - DUTIES
IL 01 68 03 12
TX CHGES - CANCEL & NONREN PROVS PKG POL
IL F0 19 11 18
COMMON DEC
IL T0 02 11 89
LOCATION SCHEDULE
IL T0 03 04 96
POLICY JACKET - EXECUTION CLAUSE
IL T0 15 01 04
COMMON POLICY CONDITIONS-DELUXE
IL T3 18 05 11
FED TERRORISM RISK INS ACT DISCLOSURE
IL T3 68 01 21
AMNDT COMMON POLICY COND-PROHIBITED COVG
IL T4 12 03 15
CAP ON LOSSES FROM CERT ACTS OF TERRORIS
IL T4 14 01 21
ADDITIONAL BENEFITS
IL T4 27 06 19
PROTECTION OF PROPERTY
IL T4 40 10 20
NAMED INSURED ENDORSEMENT
IL T8 00 01 00
NOTICE-INFORMATION OR COMPLAINTS-TEXAS
PN T0 22 12 19
FLOOD POLICYHOLDER NOTICE
PN T0 53 12 13
LOSS CONTROL SERVICES (TEXAS)
PN T2 27 06 19
NOTICE INDEPENDENT AGENT AND BROKER COMP
PN T4 54 01 08
IMP NOTICE-PERIOD TO FILE CLAIM-TX CAT
PN T9 70 03 13
IMPT NOTICE - FLOOD - TX
PN U3 53 06 19
COVERAGE
POLICY NUMBER
COMMISSION
DELUXE
630-001
17.50 %
GENERAL LIABILITY
630-001
17.50 %
EMPLOYEE BENEFITS LIABILITY
630-001
17.50 %
AUTO
BA-0N547714
17.50 %
UMBRELLA
CUP-001
10.00 % | Insurance Coverage Forms | Endorsement Options |
flea market, bingo or other game hall or meeting room; | Prohibited Use | Building Coverage Details |
TABLE OF CONTENTS - COM GEN LIAB COV | Table of Contents | Table of Contents |
45. Condition Of Premises/Landlord’s Work | Premises Condition/Landlord Work | Condition of Premises/Landlord’s Work |
Expenses to move and temporarily store property | Moving and Storage Expenses | Moving and Storing Costs |
10.2 Discharge of Liens. If any lien is filed against the Premises for work or materials claimed to have been furnished to Tenant, Tenant shall cause it to be discharged of record or properly transferred to a bond under Section 713.24, Florida Statutes, within 10 days after notice to Tenant. Further, Tenant shall indemnify, defend, and save Landlord harmless from and against any damage or loss, including reasonable attorneys' fees, incurred by Landlord as a result of any liens or other claims arising out of or related to work performed in the Premises by or on behalf of Tenant. | Discharge of Liens | Discharge of Liens |
Tenant hereby acknowledges that Landlord makes no representations as to the compatibility of the Building systems with Tenant’s equipment. | No Building Compatibility Representations | Building Systems Compatibility |
D. Document Identified Customer Personas, Journey Maps & Design Sprint Ideas for Quick | Design Sprint Ideas | Design Sprint Ideas |
The mailing or delivery of a lease by the Landlord to a possible Tenant, its agent or attorney, shall not be deemed an offer nor shall any obligation or liability be created on the part of Landlord until such time as a lease, duly executed by the Landlord, is delivered to such possible Tenant, its agent or attorney. | Mailing and Delivery | Mailing and Delivery |
Constitutional - NAD, has been generally feeling well the last couple of weeks Eyes - no changes in vision, double vision, blurry vision, wears glasses ENT - No congestion, changes in hearing, does not wear hearing aids Skin/Breast - no rashes Cardiovascular - No SOB, chest pain, heart palpitations Pulmonary - hard to get a breath in but not short of breath, no cough Endocrine - No changes in appetite Gastro Intestinal - No n/v/d or constipation. Has not eaten because can't swallow solid | No Abnormal Symptoms | Neurological Exam |
Each Party acknowledges that in the event of any violation by that Party of any of the provisions of Section 14 of this agreement or Article III., Sections D or E of the Master Agreement, the other Party would suffer irreparable harm and its remedies at law would be inadequate. Accordingly, in the event of any violation or attempted violation of any such provisions by either Party, the other Party shall be entitled to a temporary restraining order, temporary and permanent injunctions, specific performance, and other equitable relief, without any showing of irreparable harm or damage or the posting of any bond. The rights and remedies of each Party under this agreement shall be cumulative and in addition to any other rights or remedies available to such Party, whether under any other agreement, at law, or in equity. | Equitable Relief | Equitable Relief |
Wherever in this lease there is any conflict between the provisions of this lease other than the Rider and the Rider provisions of this lease (i.e. beginning at Article 40), the Rider provisions shall be deemed to supersede and be controlling. | Conflict Resolution | Conflict Resolution |
48. Liens
Tenant shall indemnify and hold Landlord harmless from and against any and all bills for labor performed or equipment, fixtures and materials furnished to or for Tenant, and from and against any and all liens or claims therefor or against the Premises or the Building of which it forms a part, and from and against any and all liability, claim, loss, damage or expense, including reasonable attorneys' fees, in
connection with any work performed by or for Tenant. The Premises and the Building shall at all times be free of liens for labor and materials supplied or claimed to have been supplied to or on behalf of Tenant, and no financing statements or other security instruments shall be filed against the Premises or the Building or the contents thereof. This shall not preclude the filing on Tenant’s equipment.
Tenant shall not directly or indirectly create or permit to be created any mortgage, lien, security interest, pledge, conditional sale, or other encumbrance on the Premises or any part thereof, Tenant's interest under this Lease, or any rent hereunder. The foregoing shall not apply to liens for impositions not yet due, or liens of mechanics, materialmen, suppliers or vendors, incurred in the ordinary course of business for sums which are not yet due, provided that adequate provision for the payment thereof shall have been made and the following paragraph is complied with.
If, in connection with any work being performed by or for Tenant or any subtenant, or in connection with any materials being furnished to Tenant or any subtenant, any mechanic's lien or other lien or charge shall be filed or made against the Premises or any part thereof, or if any such lien or charge shall be filed or made against Landlord, then Tenant, at Tenant's expense, within 30 days after such lien or charge shall have been filed or made, shall cause the same to be canceled and discharged of record by payment thereof or filing a bond or moving to file a bond or otherwise. Tenant promptly and diligently shall defend any suit, action or proceeding which may be brought for the enforcement of such lien or charge; shall satisfy and discharge any judgment entered therein within ten days after the entry of such judgment by payment thereof or filing a bond or otherwise; and on demand shall pay any and all liability, claim, loss, damage or expense, including reasonable attorneys' fees, suffered or incurred by Landlord in connection therewith.
Nothing in this Lease shall constitute any consent or request by Landlord, express or implied, for the performance of any labor or services or the furnishing of any materials or other property in respect of the Premises or any part thereof, nor as giving Tenant any right, power or authority to contract for or permit the performance of any labor or services or the furnishing of any materials or other property in any fashion that would permit the filing or making of any lien or claim against Landlord, the Premises or the Building. Landlord shall have the right, from time to time, to place upon the Premises in a conspicuous place such sign or other notice as Landlord may deem necessary or appropriate so as to give notice to others of the provisions of the preceding sentence. | Indemnification and Lien Compliance | Indemnification and Lien Compliance |
Tenant shall install, if not already in existence, a filtration and air purifying system as Landlord shall deem reasonably necessary or advisable to cause its operations to comply with the terms and conditions of this Lease and all provisions of law. If at any time after Tenant opens for business in the reasonable judgment of Landlord or any municipal authorities, it becomes necessary (notwithstanding the installation of a filtration (or air purifying system) to eliminate any fumes, vapors or odors from the Premises, as aforesaid, Tenant agrees, at its sole cost and expense, promptly to install | Filtration and Air Purifying System | Filtration and Air Purifying System |
caused by Purchaser’s gross negligence, fraud or willful misconduct or (B) covered by the product warranty set forth in Section 5(a); or (iii) the failure of Purchaser to comply with applicable Law; provided that Purchaser shall have no such obligations to the extent any Loss arises as a result of (y) the failure of a Supplier Indemnitee to comply with any applicable Law; or (z) the breach of contract, negligence, recklessness or willful misconduct of a Supplier Indemnitee. | Indemnification Exclusions | Indemnification |
10. Insurance. Supplier shall maintain and keep in force during the Term commercial general liability insurance that includes the products-completed operations hazard. Such insurance shall contain a minimum combined single limit of liability for bodily injury and property damage in the amount of not less than $10,000,000 per occurrence and $10,000,000 in the aggregate. Supplier shall provide the certificate of insurance to Purchaser upon request. | Insurance Requirements | Insurance Requirements |
AUDITORS TO THE GOLDMAN SACHS GROUP, INC.
PricewaterhouseCoopers LLP
300 Madison Avenue New York, New York 10017 United States of America
FISCAL AGENT AND PAYING AGENT
The Bank of New York Mellon
30 Cannon Street Corporate Trust Operations Center
London EC4M 6XH
England
LEGAL ADVISORS TO THE GOLDMAN SACHS GROUP, INC.
As to United States law:
General Counsel or Associate General Counsel
The Goldman Sachs Group, Inc.
200 West Street
As to United States law (including as to United States Federal Income tax law): Sullivan & Cromwell LLP
New York, NY 10282 United States of America
1 New Fetter Lane London EC4A 1AN United Kingdom
iOlagman acns | Advisors List | Legal Advisors |
66. Tenant’s Punctual Payment Obligation | Punctual Payment Obligation | Punctual Payment Obligation |
Ordinance or Law - Increased Period of Restoration | Ordinance Compliance | Ordinance Compliance |
1. To evaluate the effect of injection-to-meal timings (immediately before the start of meal, and 20 minutes following the start of the meal) on the GD response to LY900014 compared to Humalog, as measured by the MMTT
2. To evaluate the tolerability of LY900014 | Study Objectives | Study Objectives |
6. No Obligations. Each party retains the right to determine whether to disclose any Confidential Information to the other party. | No Disclosure Obligation | No Obligations |
• Give patient corticosteroid to decrease inflammation and to protect against relapse after initial improvement. 4 days of Dexamethasone 10 mg IV tid.
• Give patient antihistamine to block inflammation as well. 4 days of Diphenhydramine 25 mg bid.
• ENT consult to rule out abscess or foreign object
• Check C1 and C4 levels that would be decreased if the patient had C1 inhibitory complement deficiency
• TSH level to check for hypo/hyper thyroid
• Hold all oral home meds and keep patient NPO until airway swelling is reduced and patient can swallow easily | Treatment Plan | Corticosteroid and Antihistamine Treatment |
Deluxe business income (AND extra expense) coverage form - described premises | Business Income Coverage | Deluxe Business Income Coverage Form |
If Landlord commences any action or proceeding against Tenant, or if Landlord is required to defend any action or proceeding commenced by Tenant, in connection with this lease or the Premises, and Landlord shall be the prevailing party in any such action for proceeding, Landlord shall be entitled to recover from Tenant in such action or proceeding, or a subsequently commenced action or proceeding, Landlord's reasonable attorneys' fees, costs and disbursements and all applicable interest thereon at the statutory rate incurred in connection with such action or proceeding and any appeals, including but not limited to fees on fees incurred to collect said monies. | Attorneys' Fees | Attorneys' Fees |
National Transportation Safety Board Aviation Accident Factual Report | NTSB Aviation Accident Report | Aviation Accident Factual Report |
Discovery shall be permitted in connection with the arbitration only to the extent, if any, expressly authorized by the arbitration panel upon a showing of substantial need by the Party seeking | Discovery in Arbitration | Discovery Rights |
Hail:
At the following described premises:
PREMISES
BUILDINGS
LOCATION NO.
No.
2-13
2-19
the following percentage applies:
2%
subject to the following minimum, in any one occurrence:
$100,000
As respects Business Income Coverage a 72 hour deductible applies at all premises locations above. | Hail Coverage Details | Hail Coverage |
Tenant, at Tenant's sole cost and expense and after notice to Landlord, may contest, by appropriate proceedings prosecuted diligently and in good faith, the legality or applicability of any Requirement affecting the Premises provided that: (a) neither Landlord nor any Indemnities shall be subject to criminal penalties, nor shall the Building or any part thereof be subject to being condemned or vacated, nor shall the certificate of occupancy for the Premises or the Building be suspended or threatened to be suspended, by reason of non-compliance or by reason of such contest; (b) before the commencement of such contest, if Landlord or any Indemnities may be subject to any civil fines or penalties or if Landlord may be liable to any third party as a result of such non-compliance, then Tenant, shall furnish to Landlord either (i) a bond of a surety company satisfactory to Landlord, in form and substance reasonably satisfactory to Landlord, and in an amount at least equal to Landlord's estimate of the sum of (A) the cost of such compliance, (B) the penalties or fines that may accrue by reason of such non-compliance (as reasonably estimated by Landlord) and (C) the amount of such liability to independent third parties, and shall indemnify Landlord (and any Indemnities) against the cost of such compliance and liability resulting from or incurred in connection with such contest or non-compliance; or (ii) other security satisfactory in all respects to Landlord; (c) such non-compliance or contest shall not constitute or result in a violation (either with the giving of notice or the passage of time or both) of the terms of any mortgage or superior Lease affecting the Building, or if such superior Lease or mortgage conditions such non- compliance or contest upon the taking of action or furnishing of security by Landlord, such action shall be | Contest of Requirements | Contestability |
When Shipper desires Carrier to transport a Shipment, Shipper will notify Carrier by e- mail, Electronic Data Interchange (EDI), verbally and/or by facsimile, specifying the load, the destination, and the date by which the load must reach the destination. Carrier will either accept or reject the opportunity to transport the Shipment by return e-mail, EDI, and/or facsimile to the Shipper in Section 13.4. If Carrier accepts, Carrier will be bound by the terms of this Agreement with respect to each such Shipment. If Carrier rejects, the rejected load will be | Notification of Load | Rejected Load |
Total Rating Basis:
$132,477,622
Building Rate:
0.492
Business Personal Property Rate:
0.328
Time Element Rate:
0.215
Premium for Policy Period:
$634,829 | Insurance Premium Calculation | Insurance Coverage Options |
Green Building Alternatives – Increased Period of Restoration | Green Building Restoration | Green Building Alternatives |
) ss.: COUNTY OF NEW YORK )
On the day of , October in the year 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me, on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. | Notary Undertaking | Notarization Acknowledgement |
o Alert and oriented to person, place (“hospital”, not CMC), time (11/28/2006), and situation (“possible stroke”). | State of Mind | stroke Exam |
If any lien is filed against the Premises for work or materials claimed to have been furnished to Tenant, Tenant shall cause it to be discharged of record or properly transferred to a bond under Section 713.24, Florida Statutes, within 10 days after notice to Tenant. Further, Tenant shall indemnify, defend, and save Landlord harmless from and against any damage or loss, including reasonable attorneys' fees, incurred by Landlord as a result of any liens or other claims arising out of or related to work performed in the Premises by or on behalf of Tenant. | Lien Discharge & Indemnification | Lien Compliance |
DESCRIPTION
FORM NUMBER
MORTGAGEE HOLDER SCHEDULE
DX 00 01 07 94
DELUXE PROP COV PART SCHED-SPECIF LIMITS
DX 00 03 07 94
TABLE OF CONTENTS - DELUXE PROP COV PART
DX 00 04 11 12
TEXAS CHANGES
DX 00 09 05 13
TX CHANGES - CANCEL AND NONRENEWAL
DX 01 71 12 19
DELUXE PROP COV PART DECLARATIONS
DX T0 00 11 12
DELUXE PROPERTY COVERAGE FORM
DX T1 00 11 12
DELUXE BI (AND EE) COVERAGE FORM
DX T1 01 11 12
CAUSES OF LOSS-EARTHQUAKE
DX T3 01 11 12
CAUSES OF LOSS - BROAD FORM FLOOD
DX T3 02 11 12
CAUSES OF LOSS-EQUIPMENT BREAKDOWN
DX T3 19 11 12
PROTECTIVE SAFEGUARDS
DX T3 41 11 12
LOSS PAYABLE PROVISIONS
DX T3 79 11 12
UTILITY SERVICES-DIRECT DAMAGE
DX T3 85 11 12
UTILITY SERVICES-TIME ELEMENT
DX T3 86 11 12
ELECTRONIC VANDALISM LIMITATION ENDT
DX T3 98 04 02
FEDERAL TERRORISM RISK INSURANCE ACT DIS
DX T4 02 01 21
CRIME ADDITIONAL COVERAGE
DX T4 15 11 12
WINDSTORM OR HAIL-SUBLIMIT OF INS
DX T4 98 11 12 | Deluxe Property Coverage Forms | Loss Payable Provisions |
Except as provided herein, Tenant shall not be entitled to make any structural alterations of or additions to the Premises or any alterations, additions or changes whatsoever to the exterior of the Premises without the prior written consent of Landlord in each instance, which consent Landlord may withhold or condition unreasonably or for any reason or for no reason; and, except as provided herein , and excepting purely cosmetic changes or additions up to an amount of $20,000, Tenant shall not be entitled to make any non-structural alterations of or additions to the Premises without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, delayed or conditioned. (Any alterations to the Premises made by Tenant shall hereinafter be referred to as "Tenant's Alterations"). | Alterations Require Consent | Alterations |
Covered Leasehold Interest – Undamaged Improvements & Betterments | Leasehold Interest Coverage | Leasehold Interest Coverage |
42H. Smoking Prohibited
Tenant, and/or Tenant's employees may not smoke in any part of the Building, including but not limited to the Premises, bathrooms, fire escapes and hallways of the Building. Furthermore, Tenant and/or its employees may not smoke in front of the entrance of the Building. Landlord has the right to involve the NYC Fire Department and/or any other agencies of the City of New York if Tenant and/or its employees, and/or invitees are found to have been smoking in or around the Premises. A violation of this Article shall be material default under this Lease.
43. Basement Space
Subject to the terms and conditions contained elsewhere in this Lease, Tenant may use the area of the basement of the building, shown in Exhibit A annexed hereto, solely for purposes of allowed under the existing Temporary Certificate of Occupancy annexed as Exhibit Band for no other purpose.Landlord represents that basement area shown on Exhibit A is “eating and drinking establishment.”
Subject to the terms and conditions contained elsewhere in this Lease, Tenant’s use of the basement shall not, in any way, block Landlord's use of same, or interfere with any machinery or equipment in the basement. Tenant agrees that its use of the basement shall be in accordance with reasonable rules and regulations to be established by Landlord.
Tenant shall permit access through the Premises to the basement space for the Landlord and representatives of Con Edison and other utility or service providers as reasonably required during business hours and with 24 hour notice, where reasonably possible, to Tenant for any access other than meter reading.
Tenant shall not block or place any obstructions in front of and/or within three feet of the building’s electric panel, meters, and shut-off switches.
44. Signs And Exterior Appearance
Tenant agrees that all signs, awnings, protective gates, security devices and other installations visible from the exterior of the Premises shall be subject to Landlord's prior written approval, shall be subject to the prior approval of the Landmarks Preservation Commission of the City of New York, if required, and shall not interfere with or block either of the adjacent stores, provided, however, that Landlord shall not unreasonably withhold consent for signs that Tenant desires to install. Tenant agrees that any permitted signs, awnings, protective gates, security devices, and other installations shall be installed at Tenant’s sole cost and expense professionally prepared and dignified and subject to Landlord's prior written approval, which shall not be unreasonably withheld, delayed or conditioned, and subject to such reasonable rules and restrictions as Landlord from time to time may impose. Tenant shall submit to Landlord drawings of the proposed signs and other installations, showing the size, color, illumination and general appearance thereof, together with a statement of the manner in which the same are to be affixed to the Premises. Tenant shall not commence the installation of the proposed signs and other installations unless and until Landlord shall have approved the same in writing. . Tenant shall not install any neon sign. The aforesaid signs shall be used solely for the purpose of identifying Tenant's business. No changes shall be made in the signs and other installations without first obtaining Landlord's prior written consent thereto, which consent shall not be unreasonably withheld, delayed or conditioned. Tenant shall, at its own cost and expense, obtain and exhibit to Landlord such permits or certificates of approval as Tenant may be required to obtain from any and all City, State and other authorities having jurisdiction covering the erection, installation, maintenance or use of said signs or other installations, and Tenant shall maintain the said signs and other installations together with any appurtenances thereto in good order and
condition and to the satisfaction of the Landlord and in accordance with any and all orders, regulations, requirements and rules of any public authorities having jurisdiction thereover. Landlord consents to Tenant’s Initial Signage described in annexed Exhibit D.
Upon the expiration or termination of the term of this Lease, the Tenant shall remove all signs and other installations installed by Tenant, if any, at its sole cost and expense and shall, at its sole cost and expense, repair any damage to the Building caused by the installation or removal of any such signs or other installations and restore the Building to a satisfactory condition to make it as if no sign or other installations had been placed thereon. In the event that the Tenant violates any of the provisions of this Article, the Landlord may remove the subject items without any liability to the Tenant and may charge the Tenant all of the Landlord’s costs and expenses incurred in connection with the removal and disposal of such items, and the repair of the part of the Building to which such items were attached.
In order to maintain the highest standards of appearance, character and dignity for the Building, no paper or other signs shall be placed on the windows or exterior of the Premises or shall be placed in the Premises so that they can be seen from the outside of the Premises unless the same are tastefully and professionally prepared and approved by Landlord.
45. Condition Of Premises/Landlord’s Work
Landlord shall at all times and at Landlord’s expense, maintain a certificate of occupancy (permanent or temporary), permitting Tenant’s Use of the Premises. Subject to the foregoing, Landlord represents the existing Temporary Certificate of Occupancy covering the premises is annexed as Exhibit
C. Tenant has examined and inspected the Premises. Tenant agrees to accept possession of the Premises "AS IS", except as expressly provided herein, Landlord shall not be responsible for making any improvements, alterations, or repairs therein or for spending any other money to prepare the Premises for Tenant's occupancy, except as expressly provided herein. Neither Landlord nor any employee or agent of Landlord have made any representation or promise with respect to the Premises except as expressly set forth herein. Landlord shall deliver the Premises on the Commencement Date free and clear of any Hazardous Materials (defined in paragraph 42 of the Lease) and without any construction liens that would materially interfere with, delay or prevent Tenant’s Initial Alterations. On or before the Commencement Date, Landlord shall deliver the ACP-5 Certificate.
46. Work To Be Performed and Water Charges
Landlord shall perform no work to prepare the Premises for the Tenant’s occupancy, except that Landlord shall deliver the Premises free of any hazardous materials and with no outstanding construction liens or violations.
Tenant shall maintain the submeter to register Tenant’s water consumption at Tenant’s sole cost and expense in good working order and repair, and Tenant shall pay for water consumed as shown on said water meter (“Base Water Charge”), plus Tenant’s Share of the cost of having the water meter read by a water meter reading company, within five (5) days of delivery by Landlord of a bill therefor. Tenant shall pay Tenant’s Share of sewer rent charges and assessments, if any, for the premises within five (5) days of delivery by Landlord of a bill therefor, which shall be additional rent.
If not already existing, Tenant shall install a backflow prevention device that is approved by the City Department of Environmental Protection (DEP) to prevent contaminated water or chemicals from flowing back into the public drinking supply, and in connection with such installation, Tenant shall comply with all provisions set forth elsewhere in this Lease. Tenant shall pay to Landlord as additional rent annually during the term of this Lease Tenant’s Share of Landlord’s costs and expenses for maintenance, inspection, certifications, testing and to comply with all other requirements of DEP with regard the backflow prevention device servicing its Premises. Such additional rent shall be paid within twenty (20) days after demand thereof by the Landlord and shall be collectible as additional rent. Bills for same submitted by Landlord shall be conclusive evidence of the amount of such costs and expenses and shall be used for the calculation of the amounts to be paid by the Tenant.
47. Alterations and Additions
Except as provided herein, Tenant shall not be entitled to make any structural alterations of or additions to the Premises or any alterations, additions or changes whatsoever to the exterior of the Premises without the prior written consent of Landlord in each instance, which consent Landlord may withhold or condition unreasonably or for any reason or for no reason; and, except as provided herein , and excepting purely cosmetic changes or additions up to an amount of $20,000, Tenant shall not be entitled to make any non-structural alterations of or additions to the Premises without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, delayed or conditioned. (Any alterations to the Premises made by Tenant shall hereinafter be referred to as "Tenant's Alterations").
In granting its consent to any Tenant's Alterations as defined in this Article, Landlord may impose such reasonable conditions (including completion, payment, restoration and if Tenant's Alterations are reasonably expected to cost in excess of $25,000, a requirement that Tenant either post a bond to insure the completion of and payment for Tenant's Alterations or furnish Landlord with other financial security reasonably satisfactory to Landlord to assure Landlord that Tenant’s Alterations will be completed lien free) as Landlord may reasonably require. In no event shall Landlord be required to consent to any T | No Smoking and Allowed Use of Facility | Basement Use Restrictions |
The transfer of a majority of the capital stock of any corporate tenant, or of a majority of the total interests in any partnership tenant or limited liability company tenant, however accomplished and whether in a single transaction or a series of transactions, shall be deemed an assignment of this Lease, except that a transfer of stock for purposes hereof shall not include sales of stock by persons through the "over-the-counter market" or a recognized stock exchange other than sales by "insiders" within the meaning of the Securities Exchange Act of 1934 as amended. Notwithstanding the foregoing, Tenant may assign this Lease or sublet all or any portion of the Premises without Landlord’s consent being required (a “Permitted Assignment”) to a corporation or other entity into which or with which Tenant is merged or consolidated or to an entity to which substantially all of the assets of Tenant are transferred, or, if Tenant is a partnership or limited liability company, to a successor, entity, and Tenant may sublet the Premises or assign the Lease to subsidiaries or affiliates of Tenant for so long as any such subsidiary or affiliate shall retain the status of a subsidiary or affiliate of Tenant. For purposes hereof, a "subsidiary" or "affiliate" shall mean a corporation or other entity of which at least fifty-one percent of the common stock is owned by Tenant or a partnership of which at least fifty-one percent of the equity or other ownership interest in your is owned by Tenant or is controlled by or is under common control with Tenant. | Corporate Transfer Assignment | Permitted Assignment |
A Change Order will be binding only if signed by both parties. Any and all Change Orders will be governed by the terms and conditions set forth in this Agreement and are hereby incorporated by this reference. Any additional Deliverables described in the Change Order will be subject to the Payment provisions as described in Section 7 of the Agreement. | Change Orders | Change Order Requirements |
INSURANCEA PROPERTY CASUALTY COMPANY OF AMERICA | Insurance Company | Insurance Coverage Options |
BLANKET DESCRIPTION OF COVERAGE OR PROPERTY
LIMITS OF INSURANCE
Buildings
$111,158,795 | Building Insurance Limit | Buildings Coverage Limits |
fixed or floating interest rate, or issued with original issue discount | Interest Rate Options | Interest Rate |
In the event of a sale, transfer or leasing of the Premises by Landlord, Landlord shall have the right to transfer the Security to the vendee, transferee or lessee, whereupon Landlord shall be deemed released by Tenant from all liability for the return of said Security, except that Landlord shall remain responsible for the Security Deposit paid hereunder, until such time as [a] a successor landlord or party in interest assumes in writing the obligations therefore and [2] Landlord provides notice of assignment to Tenant. In such event, Tenant agrees to look solely to such new Landlord for the return of said Security. This Article shall apply to every transfer or assignment of the Security to a new Landlord. Tenant shall not assign or encumber the Security, and Landlord shall not be bound by any such assignment and encumbrance.
The Security being held pursuant to this Article shall at all times be an amount equal to
three (3) times the monthly fixed rent then reserved under Article 40 of this Lease. On the first day of the month following each anniversary of the Rent Commencement Date of this Lease, Tenant shall pay to Landlord funds sufficient so that the un-applied Security held by Landlord shall at all times equal three times the monthly fixed rent then reserved under Article 40 of this Lease. | Security Deposit Transfer | Security Deposit |
If scheduled onsite visits are cancelled less than ten (10) working days in advance of the scheduled date, Company is entitled to charge fifty percent (50%) of the expected revenue associated with this onsite activity as compensation. | Cancellation Fees | Onsite Visits |
This Services Agreement (the “Agreement”) sets forth terms under which MagicSoft, Inc. a Washington Corporation (“Company”) located at 600 4th Ave, Seattle, WA 98104 shall provide services to Daltech, Inc., a Washington Corporation (the “Client”) located at 701 1st St, Kirkland, WA 98033. This Agreement is effective as of February 15, 2021 (“Effective Date”).
A. STANDARD SOFTWARE AND SERVICES AGREEMENT
1. Deliverables. Company shall provide Client with software, technical support, product management, development, and testing services (“Services”) to the Client as described on one or more Statements of Work signed by Company and Client that reference this Agreement (“SOW” or “Statement of Work”). Company shall perform Services in a prompt manner and have the final product or service (“Deliverable”) ready for Client no later than the due date specified in the applicable SOW (“Completion Date”). This due date is subject to change in accordance with the Change Order process defined in the applicable SOW. Client shall assist Company by promptly providing all information requests known or available and relevant to the Services in a timely manner.
2. Onsite Services.
2.1 Onsite visits will be charged on a daily basis (minimum 8 hours).
2.2 Time and expenses will be charged based on actuals unless otherwise described in an Order Form or accompanying SOW.
2.3 All work will be executed during regular working hours Monday-Friday 0800-1900. For work outside of these hours on weekdays, Company will charge one hundred percent (100%) of the regular hourly rate and two hundred percent (200%) for Saturdays, Sundays and public holidays applicable to Company.
2.4 If scheduled onsite visits are cancelled less than ten (10) working days in advance of the scheduled date, Company is entitled to charge fifty percent (50%) of the expected revenue associated with this onsite activity as compensation.
3. Deposit. An initial payment (the “Deposit”) of One Hundred Thousand Dollars ($100,000) is due to Company at signing.
4. Dates of Performance. Company will begin performing services upon receipt of signed Agreement and Deposit. Unless terminated as provided in this Agreement, Company will complete Services by the Completion Date. Deliverable shall be furnished to Client within 72 hours of final payment for the Services.
5. Change in Services. If Client desires changes to the SOW, Client shall submit to Company a written request in accordance with the change order process defined in the applicable SOW. The parties may execute additional Statements of Work describing Services, which will become part of this Agreement upon execution by Company and the Client. If additional SOW are executed, then Client shall pay Company for all services performed prior to the additional SOW before Company begins work on the new SOW.
6. Termination. This agreement shall continue in force and effect until May 31, 2025 and shall be automatically renewed for successive one-year terms annually thereafter unless notice of non-renewal is given by the Company or the Client before the end of the term. Company shall have the right to modify, reject, or terminate any SOW and any related work in process with five days written notice to Client. In the event Company terminates the SOW prior to completion of Services, the Client shall pay Company the fees due under the SOW with respect to Services completed as of the date of termination. Payment for completed work will be deducted from the deposit. Company will retain the non-refundable 50% of the Deposit and return any unearned portion exceeding 50% of the Deposit. Any amount due for services performed by Company above the deposit will be billed to Client and Client shall promptly pay.
7. Payment. In exchange for Company’s Services under this Agreement, the Client shall pay Company the contract price and deposit set forth above. Company will submit a final invoice to Client for all services rendered by the Services Completion Date and Client shall promptly pay. Client is restricted from using any form of the Deliverable until final payment is received. Client shall pay travel and other expenses incurred by Company in performing the Services. In the event of a good faith dispute with regard to an item appearing on an invoice, Company shall have the right to withhold the Deliverable while the parties attempt to resolve the disputes.
8. Representations and Warranties.
8.1 Company’s Representation. Company represents that any materials used in the Deliverable will not knowingly (a) infringe on the intellectual property rights of any third party or any rights of publicity or privacy or (b) violate any law, statute, ordinance or regulation.
8.2 Client’s Representation. Client represents that any materials provided to Company by Client for incorporation into the Deliverable will not (a) infringe on the intellectual property rights of any third party or any rights of publicity or privacy or (b) violate any law, statute, ordinance or regulation.
8.3 Warranty Disclaimer. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS AGREEMENT AND ANY SOW, EACH PARTY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Indemnification. Client will defend, indemnify and hold Company harmless from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) arising from or relating to any claims regarding elements or materials provided by Client and incorporated into the Deliverable. Additionally, Client will defend, indemnify and hold Company harmless from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) arising from or relating to any claims regarding Client’s unauthorized use of any music, images, or other materials comprising the Deliverable.
10. Limitation of Liability. COMPANY WILL NOT BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Compliance with Laws. Each party shall perform all of its obligations under this Agreement in compliance at all times with all foreign, federal, state and local statutes, orders and regulations, including those relating to privacy and data protection.
12. General Provisions.
12.1 Insurance Company will maintain during the entire Term of this Agreement, at its own expense, the types of insurance coverage specified below, on standard policy forms and with insurance companies with at least an A.M. Best Rating of A-VII authorized to do business in the jurisdictions where the Company services are to be performed.
(a) Workers’ Compensation insurance prescribed by applicable local law and Employers Liability insurance with limits not less than $1,000,000 per accident/per employee. This policy shall include a waiver of subrogation against Client.
(b) Business Automobile Liability covering all vehicles that Company owns, hires or leases with a limit of no less than $1,000,000 (combined single limit for bodily injury and property damage) for each accident.
(c) Commercial General Liability insurance including Contractual Liability Coverage, with coverage for products liability, completed operations, property damage and bodily injury, including death, with an aggregate limit of no less than $2,000,000. This policy shall name Client as an additional insured with respect to the provision of services provided under this Agreement. This policy shall include a waiver of subrogation against Client.
(d) Technology Professional Liability Errors & Omissions policy (which includes Cyber Risk coverage and Computer Security and Privacy Liability coverage) with a limit of no less than $5,000,000 per occurrence and in the aggregate.
(e) Crime policy with a limit of no less than $5,000,000 per occurrence and in the aggregate.
(f) Excess Liability/Umbrella coverage with a limit of no less than $9,000,000 per occurrence and in the aggregate (such limit may be achieved through increase of limits in underlying policies to reach the level of coverage shown here). This policy shall name Client as an additional insured with respect to the provision of services provided under this Agreement. This policy shall include a waiver of subrogation against Client. | Service Terms | Software and Services Agreement |
In the event any cargo shipped hereunder is recalled pursuant to a Class I Recall under regulatory standards promulgated by the U.S.D.A. (“Recall”), whether initiated by Shipper or by decision, action or
order of any governmental authority due to the actions of Shipper, Shipper shall notify Carrier prior to the implementation of such Recall via direct telephone prior to the implementation of such Recall. Any Recall pursuant
to this paragraph shall be carried out in the name of Shipper and Shipper shall be responsible for all costs and
expenses related to such Recall, including but not limited to shipping expenses. | Recall Notification | Recalculation of Recall Costs |
KGI Securities Co. Ltd. MasterLink Securities Corporation SinoPac Securities Corporation Taipei Fubon Commercial Bank Co., Ltd.
Pricing Supplement No. 1839 to the Offering Circular dated June 6, 2017 | Pricing Supplement | Pricing Supplement |
PREM
BUILDING
DESCRIPTION OF COVERAGE OR PROPERTY
LIMITS OF INSURANCE
3
3
Buildings
$10,605,715
3
4
Buildings
$1,500,000
4
5
Your Business Personal Property
$25,000
9
14
Your Business Personal Property
$100,000
10
16
Your Business Personal Property
$25,000
12
18
Your Business Personal Property
$25,000
SHOPPING CENTERS - MAINTAINED BY THE LESSEE (LESSOR'S RISK ONLY)
TX
5/7
61217
BUILDINGS OR PREMISES - BANK OR OFFICE -
Prem/Ops.
95,583
52.752
$5,042
TX
6/8
61217
BUILDINGS OR PREMISES - BANK OR OFFICE -
Prem/Ops.
93,311
52.752
$4,922
TX
6/9
46606
PARKING - PUBLIC - SHOPPING CENTERS - MAINTAINED BY THE LESSEE (LESSOR'S RISK ONLY)
Prem/Ops.
22,445
18.168
$408
TX
7/10
61217
BUILDINGS OR PREMISES - BANK OR OFFICE -
Prem/Ops.
70,000
52.752
$3,693
TX
8/11
61217
BUILDINGS OR PREMISES - BANK OR OFFICE -
Prem/Ops.
1,447
52.752
$76
TX
8/12
46606
PARKING - PUBLIC - SHOPPING CENTERS - MAINTAINED BY THE LESSEE (LESSOR'S RISK ONLY)
Prem/Ops.
134,524
18.168
$2,444
TX
8/13
61217
BUILDINGS OR PREMISES - BANK OR OFFICE -
Prem/Ops.
138,000
52.752
$7,280
TX
9/14
61217
BUILDINGS OR PREMISES - BANK OR OFFICE -
Prem/Ops.
122,000
52.752
$6,436
TX
9/15
46606
PARKING - PUBLIC - SHOPPING CENTERS - MAINTAINED BY THE LESSEE (LESSOR'S RISK ONLY)
Prem/Ops.
100,400
18.168
$1,824
TX
10/16
61217
BUILDINGS OR PREMISES -
Prem/Ops.
83,940
43.485
$3,650
BANK OR OFFICE -
TX
11/17
61217
BUILDINGS OR PREMISES - BANK OR OFFICE -
Prem/Ops.
36,691
43.485
$1,596
TX
12/18
46606
PARKING - PUBLIC - SHOPPING CENTERS - MAINTAINED BY THE LESSEE (LESSOR'S RISK ONLY)
Prem/Ops.
150,000
18.168
$2,725
TX
12/18
61217
BUILDINGS OR PREMISES - BANK OR OFFICE -
Prem/Ops.
112,772
52.752
$5,949
TX
13/19
61217
BUILDINGS OR PREMISES - BANK OR OFFICE -
Prem/Ops.
47,000
52.752
$2,479
TX
14/20
61217
BUILDINGS OR PREMISES - BANK OR OFFICE -
Prem/Ops.
36,691
52.752
$1,936 | Property Insurance Coverage | Building and Premises Coverage Details |
EXHIBIT A – Floor EXHIBIT B –Guaranty | Exhibits A and B | Exhibits |
12.2.1 Preexisting Intellectual Property. Except for rights expressly granted under this agreement, each party will retain exclusive interest in and ownership of its Intellectual Property developed before this agreement or developed outside the scope of this agreement. | Retained Intellectual Property Rights | Preexisting Intellectual Property |
If the performance of Tenant’s Alterations shall interfere with the comfort and/or convenience of other tenants in the Building or shall cause damage to or otherwise interfere with the | Alteration Interference Avoidance | Alteration Liability |
c. Either Party shall have the right to terminate this agreement or any Product-specific exhibit to this agreement immediately upon notice to the other Party following the commencement of any bankruptcy or insolvency proceeding (whether voluntary or involuntary) with respect to such other Party or its assets, the general assignment for the benefit of creditors by such other Party, or the appointment of a receiver, trustee or liquidator by or for such other Party. | Termination for Bankruptcy | Termination for Insolvency |
34.2.2 At the time of Tenant giving Landlord notice of its election to extend the Lease Term and on the expiration of the current Lease Term, this Lease shall be in full force and effect and Tenant shall not be in default under any of the terms, covenants, and conditions of this Lease beyond any applicable grace period. In addition, if a Multiple Defaults Trigger has occurred, the rights granted in this article shall immediately and without further action by the Landlord terminate and be of no further force or effect. | Extension of Lease | Termination of Lease |
condition and to the satisfaction of the Landlord and in accordance with any and all orders, regulations, requirements and rules of any public authorities having jurisdiction thereover. Landlord consents to Tenant’s Initial Signage described in annexed Exhibit D. | Initial Signage Consent | No Landlord Obligation |
Social History:
Patient lives in with daughter (919) _ . Patient does all ADLs and IADLs with no/little assistance. She does own finances and drives. Patient has 4 daughters that all live in the area. Patient does not use tobacco, alcohol, illicit drugs. | Living Arrangements | Social History |
TABLE OF CONTENTS - DELUXE PROP COV PART | Table of Contents | Lease Terms and Definitions |
Tenants Property Damage Legal Liability Sublimit - Per Covered Loss | Property Damage Liability Limit | Property Damage Legal Liability Sublimit |
Coverages and limits of insurance – described premises
Insurance applies on a BLANKET basis only to a coverage or type of property for which a Limit of Insurance is shown below, and then only at the premises locations for which a value for such coverage or property is shown on the Statement of Values dated 6/24/2021 , or subsequently reported to and insured by us. For Insurance that applies to a specific premises location see Deluxe Property Coverage Part Schedule - Specific Limits
BLANKET DESCRIPTION OF COVERAGE OR PROPERTY
LIMITS OF INSURANCE
Buildings
$111,158,795 | Blanket Property Coverage Limits | Building Coverage Limits |
42. Use of Premises
Tenant covenants that Tenant shall use and occupy the Premises solely as a first class high quality café, coffee shop, and restaurant with full table service for all day breakfast, lunch and dinner and other uses incidental thereto, including the sale of liquor with the required license, and for no other purpose unless approved in writing by Landlord at all times. Tenant shall not have the right to operate its business in the Premises except between the hours of 7:00 A.M. through 2:00 A.M.
Tenant shall not knowingly use or occupy or permit the Premises to be used or occupied, nor do or permit anything to be done in or on the Premises, in any manner which in any way will violate any rules and regulations of governmental authorities, any certificate of occupancy affecting the Premises, or make void or voidable any insurance then in force with respect to the Premises. In the event that any governmental authority shall contend or declare by notice of violation or order, or otherwise, that the Premises are being used in a manner in violation of any law, rule or regulation or in violation of any certificate of occupancy, Tenant, within ten days after written notice shall discontinue such use of the Premises, and failure to discontinue such use shall constitute a material default by Tenant hereunder. The statement in this Lease of the nature of Tenant's business shall not be deemed or construed to constitute a representation or warranty by Landlord that such business may be conducted in the Premises or is lawful or permissible under any certificate of occupancy issued for the building.
Tenant shall as its sole responsibility, and at Tenant's sole cost and expense, take all action, including making any required alterations necessary to comply with all Requirements (including, but not limited to, applicable terms of the Americans With Disabilities Act of 1990 (the "ADA"), as modified and supplemented from time to time, which shall impose any violation, order or duty upon Landlord or Tenant arising from, or in connection with, the Premises, Tenant's occupancy, use or manner of use of the Premises (including, without limitation, any occupancy, use or manner of use that constitutes a "place of public accommodation" under the ADA), or any installations in the Premises, or required by reason of a breach of any of Tenant's covenants or agreements under this Lease, whether or not such Requirements shall now be in effect or hereafter enacted or issued, and whether or not any work required shall be ordinary or extraordinary or foreseen or unforeseen at the date hereof.
Tenant covenants and agrees that Tenant shall, as its sole responsibility, and at Tenant's sole cost and expense, comply at all times with all Requirements governing the use, generation, storage, treatment and/or disposal of any "Hazardous Materials" (as defined below), the presence of which results from or in connection with the act or omission of Tenant or Persons Within Tenant's Control or the breach of this Lease by Tenant or Persons Within Tenant's Control. The term Hazardous Materials shall mean any biologically or chemically active or other toxic or hazardous wastes, pollutants or substances, including, without limitation, asbestos, PCBs, petroleum products and by-products, substances defined or listed as "hazardous substances" or "toxic substances" or similarly identified in or pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq., and as hazardous wastes under the Resource Conservation and Recovery Act, 42 U.S.C. 6010 et seq., any chemical substance or mixture regulated under the Toxic Substance Control Act of 1976, as amended, 15 U.S.C. 2601, et seq., any "toxic pollutant" under the Clean Water Act, 33 U.S.C. §466 et seq., as amended, any hazardous air pollutant under the Clean Air Act, 42 U.S.C. 7401 et seq., hazardous materials identified in or pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. §1802, et seq., and any hazardous or toxic substances or pollutant regulated under any other Requirements. Tenant shall agree to execute, from time to time, at Landlord's request, affidavits, representations and the like concerning Tenant's best knowledge and belief regarding the presence of Hazardous Materials in, on, under or about the demised Premises or the Building. Tenant shall indemnify and hold harmless all Indemnitees from and against any loss, cost, damage, liability or expense (including attorneys' fees and disbursements) arising by reason of any clean up, removal, remediation, detoxification action or any other activity required or recommended of any Indemnities by any Governmental Authority by reason of the presence in or about the Building or the demised Premises of any Hazardous Materials, as a result of or in connection with the act or omission of Tenant or Persons within Tenant's Control or the breach of this Lease by Tenant or Persons within Tenant's Control. The foregoing covenants and indemnity shall survive the expiration or any termination of this Lease.
If Tenant shall receive notice of any violation of, or defaults under, any Requirements, liens or other encumbrances applicable to the Premises, Tenant shall give prompt notice thereof to Landlord.
Tenant shall, as its sole responsibility, and at Tenant's sole cost and expense, make application for, diligently seek the issuance of, and promptly procure and thereafter maintain, any necessary licenses and permits required in respect of the operation and use of the Premises and Tenant's use thereof and Tenant shall cause all such licenses and permits to remain in full force and effect throughout the term of this Lease or until no longer required and submit same for inspection by Landlord, and at all times comply with the terms and conditions of each such license or permit. Landlord shall cooperate with Tenant’s applications for such licenses or permits.
Tenant, at Tenant's sole cost and expense and after notice to Landlord, may contest, by appropriate proceedings prosecuted diligently and in good faith, the legality or applicability of any Requirement affecting the Premises provided that: (a) neither Landlord nor any Indemnities shall be subject to criminal penalties, nor shall the Building or any part thereof be subject to being condemned or vacated, nor shall the certificate of occupancy for the Premises or the Building be suspended or threatened to be suspended, by reason of non-compliance or by reason of such contest; (b) before the commencement of such contest, if Landlord or any Indemnities may be subject to any civil fines or penalties or if Landlord may be liable to any third party as a result of such non-compliance, then Tenant, shall furnish to Landlord either (i) a bond of a surety company satisfactory to Landlord, in form and substance reasonably satisfactory to Landlord, and in an amount at least equal to Landlord's estimate of the sum of (A) the cost of such compliance, (B) the penalties or fines that may accrue by reason of such non-compliance (as reasonably estimated by Landlord) and (C) the amount of such liability to independent third parties, and shall indemnify Landlord (and any Indemnities) against the cost of such compliance and liability resulting from or incurred in connection with such contest or non-compliance; or (ii) other security satisfactory in all respects to Landlord; (c) such non-compliance or contest shall not constitute or result in a violation (either with the giving of notice or the passage of time or both) of the terms of any mortgage or superior Lease affecting the Building, or if such superior Lease or mortgage conditions such non- compliance or contest upon the taking of action or furnishing of security by Landlord, such action shall be
taken or such security shall be furnished at the expense of Tenant; and (d) Tenant shall keep Landlord regularly advised as to the status at such proceedings.
For the purposes of this Article, and elsewhere in this Lease, (i) the term "Persons Within Tenant's Control" shall mean and include Tenant, all of Tenant's respective principals, officers, agents, contractors, servants, employees, licensees and invitees; (ii) the term "Requirements" shall mean all present and future laws, ordinances, requirements, orders, directives, rules and regulations of federal, state, county and city governments and of all other governmental authorities having or claiming jurisdiction over the Real Property relating solely to the Premises; (iii) the term "Indemnitees" shall mean Landlord, its trustees, partners, shareholders, officers, directors, employees, agents and contractors and the managing agent, if any (and the partners, shareholders, officers, directors and employees and contractors of such managing agent), of Landlord; and (v) the term "Governmental Authority" shall mean The United States of America, the City and State of New York, the County of New York, any political subdivision thereof and any agency, department, commission, board, bureau or instrumentality of any of the foregoing, now existing or hereafter created, having jurisdiction over the Building, the Real Property, or any portion thereof.
Tenant covenants and agrees, at its sole cost and expense, to comply with all present and future Requirements regarding the collection, sorting, separation, and recycling of waste products, garbage, refuse and trash. Tenant shall sort and separate such waste products, garbage, refuse and trash into such categories as provided by law. Each separately sorted category of waste products, garbage, refuse and trash shall be placed in separate receptacles reasonably approved by Landlord and/or the Controlling Governmental agency(ies). Such separate receptacles may, at Landlord's option, be removed from the demised Premises in accordance with a collection schedule prescribed by law.
Tenant sha | Tenant Covenants for Premises Use | Use of Premises |
Except for rights expressly granted under this agreement, each party will retain exclusive interest in and ownership of its Intellectual Property developed before this agreement or developed outside the scope of this agreement. | Intellectual Property Rights | Intellectual Property |
Covered Leasehold Interest – Undamaged Improvements & Betterments
Lesser of Your Business Personal Property limit or: | Leasehold Interest Insurance | Undamaged Improvements & Betterments |
in consideration of the mutual covenants and agreements hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: | Recitals | Agreement Preamble |
TERM
YEAR
PERIOD
MONTHLY
RENT
ANNUAL
RENT
First
3/15/21 To 2/28/23
$26,000.00
$312,000.00
Second
3/01/23 To 2/28/24
$26,000.00
$312,000.00
Third
3/01/24 To 2/28/25
$26,000.00
$312,000.00
Fourth
3/01/25 To 2/28/26
$26,780.00
$321,360.00
Fifth
3/01/26 To 2/28/27
$27,583.40
$331,000.80
Sixth
3/01/27 To 2/28/28
$28,410.90
$340,930.80
Seventh
3/01/28 To 2/28/29
$29,263.23
$351,158.76
Eighth
3/01/29 To 2/28/30
$30,141.13
$361,693.56
Ninth
3/01/30 To 2/28/31
$31,045.36
$372,544.32
Tenth
3/01/31 To 3/31/32
$31,976.72
$383,720.64
The fixed rent shall be payable in advance on the first day of each calendar month commencing five months following the Commencement Date (the “Rent Commencement Date’) . Provided Tenant is not in default under any term of this Lease Tenant shall receive a rent credit for (i)) one-half of the monthly fixed rent due ($13,000.00) for the sixth month following the Commencement Date; (ii) one- half of the monthly fixed rent due ($13,000.00) for the seventh month following the Commencement Date;
(iii) one-half of the monthly fixed rent due ($13,000.00) for the eighteenth month following the Commencement Date; and (iv) one-half of the monthly fixed rent due ($13,000.00) for the nineteenth month following the Commencement Date.
At execution of this Lease, Tenant shall pay to Landlord by separate bank checks (i) the amount of $26,000.00 toward fixed rent for for the seventh month following the Commencement Date and
(ii) the amount of $78,000.00 representing the security deposit.
Tenant also covenants to pay, from time to time as provided in this Lease, as additional rent: all other amounts and obligations which Tenant assumes or agrees to pay under this Lease; a “Late Charge” equal to five percent (5%) of the overdue payment of any item of fixed or additional rent not paid within ten (10) days after the date when due (or, if a demand therefor is required by the provisions of this Lease, within ten (10) days after the date of such demand), which Late Charge shall be payable as additional rent. In the event of any failure on the part of Tenant to pay any additional rent, Landlord shall have all the rights, powers and remedies provided for in this Lease, at law, in equity or otherwise, in the case of nonpayment of fixed rent. Nothing herein shall be construed to extend the due dates of Tenant's payments under this Lease, or to waive any rights or remedies of Landlord in the event of Tenant's late payment. Tenant's obligations to pay fixed rent and additional rent shall survive the expiration of the Lease term or earlier termination of this Lease.
The provisions of this Article are in addition to all other rights or remedies available to Landlord for nonpayment of fixed rent or additional rent under this Lease and at law and in equity. Tenant further agrees that the Late Charge imposed is fair and reasonable, complies with all laws, regulations and statutes, and constitutes an agreement between Landlord and Tenant as to the estimated compensation for costs and administrative expenses incurred by Landlord due to the late payment of rent to Landlord by Tenant. Tenant further agrees that the Late Charge assessed pursuant to this Lease is not interest and the Late Charge assessed does not constitute a lender or borrower/creditor relationship between Landlord and Tenant or a penalty of any kind. It is understood that said late charge is directly related to Landlord’s actual costs and expenses incurred as a result of late payment.
All fixed rent and additional rent (collectively hereinafter referred to as "rent") shall be paid in such coin or currency (or, subject to collection, by good check payable in such coin or currency) of the United States of America as at the time shall be legal tender for the payment of public and private debts, at the office of Landlord as set forth above, or at such place and to such person as Landlord from time to time may designate.
All rent shall be paid to Landlord without notice, demand, counterclaim, setoff, deduction or defense, and nothing shall suspend, defer, diminish, abate, or reduce any rent, except as otherwise specifically provided in this Lease or by law.
Tenant shall make all rental payments in full. Payment or receipt of a rental payment of less than the amount stated in this Lease shall be deemed to be nothing more than partial payment on account. Under no circumstances shall Landlord’s acceptance of a partial payment constitute accord and satisfaction. Nor will Landlord’s acceptance of a partial payment forfeit Landlord’s right to collect the balance due on the account, together with applicable late charges and interest despite any endorsement, stipulation, or other statement on any check.
Landlord may accept any partial payment check with any conditional endorsement without prejudice to its right to recover the balance remaining due, or to pursue any other remedy available under this Lease, law or equity.
Landlord in its sole discretion may allocate without prejudice any payment in whole or in part to any due item of fixed rent, additional rent and/or any other charges or to any combination thereof.
If Landlord commences any action or proceeding against Tenant, or if Landlord is required to defend any action or proceeding commenced by Tenant, in connection with this lease or the Premises, and Landlord shall be the prevailing party in any such action for proceeding, Landlord shall be entitled to recover from Tenant in such action or proceeding, or a subsequently commenced action or proceeding, Landlord's reasonable attorneys' fees, costs and disbursements and all applicable interest thereon at the statutory rate incurred in connection with such action or proceeding and any appeals, including but not limited to fees on fees incurred to collect said monies.
Landlord’s failure during the Lease term to prepare and deliver any of the statements, notices, or bills for rent and/or additional rent or Landlord’s failure to make a demand, shall not in any way cause Landlord to forfeit or surrender its rights to collect any of the items of rent and/or additional rent that may have become due during the term of this Lease. Tenant’s liability for all such amounts due under this Lease shall survive the expiration of the Term. Nevertheless, any sums due under the Lease must be claimed within two years of when due or within one year from expiration of the Lease.
40A. Term of Lease
The term of this Lease shall commence on October 15, 2018 ( the Commencement Date”) and shall end, unless sooner terminated as hereinafter provided, on the la s t day of th e ca l e n d a r mo n t h in w h ic h t h e d a y f o llo w in g t h e t e n ( 1 0 ) year anniversary of the Re n t Commencement Date (as defined in Article 40 of this Lease) occurs (the "Expiration Date") (from the Commencement Date to the Expiration Date being the "Initial Term", as may be extended pursuant to and in accordance with Section 72 hereof.
41. Escalations
Tenant shall pay, during the term of this Lease, the additional rent provided for in this Article 41. As used herein, the following terms shall have the meanings set forth below:
“Taxes” shall mean the total of all real estate taxes and assessments and special assessments imposed, payable and paid upon the Premises described as the land and building in which the Premises are located including, without limitation, vault taxes, rents or charges, imposed by any Governmental Authority, of which the demised Premises forms a part. If at any time during the term of this Lease the methods of taxation prevailing at the commencement of the term hereof shall be altered so that in lieu of or as a substitute for the whole or any part of the taxes, assessments, levies, impositions of charges now levied, assessed or imposed on the real estate and the improvements thereon, there shall be levied, assessed or imposed (i) a tax, assessment, levy imposition or charge wholly or partially as capital levy or otherwise on the rents received therefrom, or (ii) a tax assessment levy upon the Building, Land Improvements or the Premises and imposed upon Landlord, or (iii) a license fee measured by the rents payable, or the part thereof so measured or based shall be deemed to be included within the term "Taxes" for the purposes hereof.
"Escalation Year" shall mean each twelve month period or portion thereof, ending on June 30, occurring within the term of this Lease.
"Base Year" shall mean the twelve month period ending on June 30, 2022.
"Base Year Taxes" shall mean the Taxes for the Base Year.
The "building" shall mean the land and the building of which the demised Premises forms a part. "Tenant's Share" shall mean 35%.
Tenant shall pay to Landlord, as additional rent, an amount equal to Tenant's Share of the amount by which Taxes for any Escalation Year during the term of this Lease exceed the Base Year Taxes.
Landlord shall submit to Tenant a statement setting forth the computation of the amount of such excess Taxes and Tenant's Share of each thereof including copies of applicable tax bills. Tenant shall pay Tenant's Share of such excess amount of Taxes within ten days after the rendition of such statement which shall separately calculate Tenant’s Share, however, the payment of Tenant's Share shall not be due earlier than 10 days before the corresponding Taxes are due to the taxing authority.
In no event shall the annual fixed rent under this Lease be reduced by virtue of this Article
41. The computations under this Article 41 are intended to constitute a formula for an agreed rental escalation and do not necessarily constitute an actual reimbursement to Landlord for costs or expenses paid by Landlord with respect to the building.
Upon the da | Rent Schedule | Term and Payment Details |
(B) choose either Landlord's determination or Tenant's determination submitted to the Appraiser as the better estimate of Fair Market Minimum Annual Rent, being the determination which is closer to the Fair Market Minimum Annual Rent determined by the Appraiser using the definition set forth in this Article 72, within thirty (30) days after the date that the Appraiser is designated. The Appraiser's aforesaid choice shall be conclusive and binding upon Landlord and Tenant. Each party shall pay its own counsel fees and expenses, if any, in connection with the procedure described herein, and fifty (50%) percent of any AAA fees and fees of the Appraiser. Either Landlord or Tenant shall have the right to submit to the Appraiser any material in support of its determination of Fair Market Minimum Annual Rent within ten (10) business days of the date of the selection of the Appraiser. After a determination has been made of the Fair Market Minimum Annual Rent, the parties shall execute and deliver a lease amendment memorializing the extension of the Term as described in this Article 72 and setting forth the Rent payable by Tenant during the Renewal Term, but the failure to so execute and deliver any such instrument shall not affect the determination of Fair Market Minimum Annual Rent (and, accordingly, the Rent payable during the Renewal Term).
(iii) If Tenant timely disputes Landlord’s Determination and if the final determination of the Fair Market Minimum Annual Rent shall not be made on or before the first day of the subject Renewal Term then, pending such final determination, Tenant shall pay, as Rent for the subject Renewal Term, an amount equal to Landlord’s Determination. If, based upon the final determination of the Fair Market Minimum Annual Rent, the Rent payments made by Tenant for such portion of the subject Renewal Term were (i) less than they should have been, then Tenant shall pay to Landlord the amount of such deficiency within ten (10) business days after demand therefor, or (ii) greater than they should have been, then Landlord shall credit the amount of such excess against installments of Rent next coming due.
Time shall be of the essence with respect to all obligations under this Article 72.
73. Quiet Enjoyment | Appraiser Selection | Appraiser Selection |
In the event that Tenant is not an individual, Tenant represents that the officer or officers, partner or partners, member or members or manager or managers executing this lease have the requisite authority to do so. | Authority of Signing Persons | Authority of Signing Persons |
Hyperlipidemia: Currently not taking Zocor for elevated lipids. Previously not at goal of LDL < 100 as indicated in PMHx. | Hyperlipidemia Status | Hyperlipidemia Exam |
treating asthma Diltiazem 300 mg qhs – Ca channel blocker used to control hypertension Simvistatin (Zocor) 20 mg qhs- HMGCo Reductase inhibitor for hypercholesterolemia Ramipril (Altace) 10 mg BID – ACEI for hypertension and diabetes for renal protective
effect | Asthma Treatment Medications | Exclusion Criteria |
“Taxes” shall mean the total of all real estate taxes and assessments and special assessments imposed, payable and paid upon the Premises described as the land and building in which the Premises are located including, without limitation, vault taxes, rents or charges, imposed by any Governmental Authority, of which the demised Premises forms a part. If at any time during the term of this Lease the methods of taxation prevailing at the commencement of the term hereof shall be altered so that in lieu of or as a substitute for the whole or any part of the taxes, assessments, levies, impositions of charges now levied, assessed or imposed on the real estate and the improvements thereon, there shall be levied, assessed or imposed (i) a tax, assessment, levy imposition or charge wholly or partially as capital levy or otherwise on the rents received therefrom, or (ii) a tax assessment levy upon the Building, Land Improvements or the Premises and imposed upon Landlord, or (iii) a license fee measured by the rents payable, or the part thereof so measured or based shall be deemed to be included within the term "Taxes" for the purposes hereof. | Real Estate Taxes | Taxes |
68. Air Conditioning Maintenance and Repair | Air Conditioning Maintenance | Air Conditioning Maintenance and Repair |
Any Other Covered Loss:
in any one occurrence:
$25,000 | Other Covered Loss Limit | Other Covered Losses |
– aggregate in any one policy year, for all losses covered under the Causes of Loss – Broad Form Flood endorsement, commencing with the inception date of this policy:
AGGREGATE LIMITS OF
INSURANCE
01. Applies at the following Building(s) numbered:
07-13,18
$1,000,000
02. Applies at the following Building(s) numbered:
02-06,14-15
$2,500,000
03. Applies at the following Building(s) numbered:
16-17,19
$5,000,000
If more than one Annual Aggregate Limit applies in any one occurrence, the most we will pay is the highest involved Annual Aggregate Limit. The most we will pay during each annual period is the highest of the Annual Aggregate Limits shown.
EXCESS OF LOSS LIMITATION APPLIES – See Causes of Loss – Broad Form Flood endorsement.
Causes of Loss – Equipment Breakdown
The insurance provided for loss or damage caused by or resulting from Equipment Breakdown is included in, and does not increase the Covered Property, Business Income, Extra Expense, and/or other coverage Limits of Insurance that otherwise apply under this Coverage Part. | Building Aggregate Limits for Flood Coverage | Flood Insurance Coverage |
• Monday-Friday 6AM-6PM PST
• engineering@digitalmemex.com
• (206) 684-8889 | Contact Hours and Info | Forms and Endorsements |
Increased Fire Damage Liability | Increased Fire Damage Liability | Increased Fire Damage Liability |
The submission of this Lease to Tenant shall not be construed to impose any right or obligations on either party or as an offer or option, and Tenant shall not have any rights hereunder unless and until Landlord shall execute the Lease and deliver a signed original to the Tenant.
The terms “Landlord” and “Owner” shall have the same meaning when used in this Lease. | No Rights Until Signed | No Offer or Option |
Deluxe business income - additional coverages and coverage extensions
The Limits of Insurance, Coverage Period and Coverage Radius shown in the left column are included in the coverage form and apply unless a revised Limit of Insurance, Coverage Period, Coverage Radius or Not Covered is shown under the column on the right. The Limits of Insurance apply in any one occurrence unless otherwise stated.
LIMITS OF
REVISED LIMITS
INSURANCE, COVERAGE
OF INSURANCE,
PERIOD OR COVERAGE
COVERAGE PERIOD OR
RADIUS
COVERAGE RADIUS
Business Income from Dependent Property
At Premises Within the Coverage Territory
$100,000
At Premises Outside of the Coverage Territory
$100,000
Civil Authority
Coverage Period
30 days
Coverage Radius
100 miles
Claim Data Expense
$25,000
Contract Penalties
$25,000
Extended Business Income
Coverage Period
180 days
Fungus, Wet Rot or Dry Rot – Amended Period of Restoration
Coverage Period
30 days
Green Building Alternatives – Increased Period of Restoration
Coverage Period
30 days
Ingress or Egress
$25,000
Coverage Radius
1 mile
Newly Acquired Locations
$500,000
Ordinance or Law - Increased Period of Restoration
$250,000
Pollutant Cleanup and Removal – Annual Aggregate
$25,000
Transit Business Income
$25,000
Undescribed Premises
$25,000
Causes of Loss – Earthquake – aggregate in any one policy year, for all losses covered under the Causes of Loss – Earthquake endorsement, commencing with the inception date of this policy:
AGGREGATE LIMITS OF
INSURANCE
01. Applies at the following Building(s) numbered:
02-19
$5,000,000
If more than one Annual Aggregate Limit applies in any one occurrence, the most we will pay is the highest involved Annual Aggregate Limit. The most we will pay during each annual period is the highest of the Annual Aggregate Limits shown. | Business Income Coverage | Insurance Coverage Details |
Carrier shall be an independent contractor with respect to all work performed under this Agreement. Neither Carrier nor anyone used or employed by Carrier shall be deemed for any purpose to be the employee, agent, servant, or representative of Shipper in the performance of such work, or in any matters arising out of Carrier’s obligations under this Agreement. Shipper shall have no right of supervision, direction or control over Carrier, its employees, or agents. As an independent contractor, Carrier assumes full responsibility for the payment
of federal, state and local taxes or contributions or taxes for unemployment insurance, pensions, worker’s compensation, and related matters with respect to Carrier’s employees engaged in the performance of its services. | Independent Contractor Status | Tax Payments |
PREM
BUILDING
DESCRIPTION OF COVERAGE OR PROPERTY
LIMITS OF INSURANCE
3
3
Buildings
$10,605,715
3
4
Buildings
$1,500,000
4
5
Your Business Personal Property
$25,000
9
14
Your Business Personal Property
$100,000
10
16
Your Business Personal Property
$25,000
12
18
Your Business Personal Property
$25,000 | Property Coverage Limits | Building Coverage Details |
The submission of this Lease to Tenant shall not be construed to impose any right or obligations on either party or as an offer or option, and Tenant shall not have any rights hereunder unless and until Landlord shall execute the Lease and deliver a signed original to the Tenant. | No Rights or Obligations | No Offer or Option |