Reso 2011-1735 - Laserfiche WebLink

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(e) The Acceptable Vendors must possess some direct restaurant experience. Section 2. Approval of Acceptable Vendor. The Landlord and Tenant agree than an entity shall not be automatically deemed to be an Acceptable Vendor if it satisfies the criteria in Section 1 above. The consent of the Landlord is required before the Tenant enters into any agreement with an entity deemed an Acceptable Vendor. Consent by the Landlord shall not be unreasonably withheld if the Acceptable Vendor meets the criteria in Section 1. The requirement of approval of Acceptable Vendors is a reoccurring right that Landlord has during the term of this Lease. No vendor shall operate on the leased premises without approval from Landlord. If a Vendor vacates the premises, Tenant shall use its best effort fine a replacement Vendor within nine (9) months of vacancies. ARTICLE VIII Insurance and Indemnity Section 1. Insurance. Tenant shall, at its sole cost and expense, provide and keep in full force and effect at all times during the Term, commencing upon the date unencumbered possession of the Land is delivered to Tenant, the following insurance coverages: (a) Insurance against fire and other hazards (including flood insurance, subject to the statutory coverage limits) on an "all risks" basis in an amount not less than the then full replacement cost (excluding the cost of excavation, foundations and footings) of the Improvements. (b) General public liability insurance in an amount not less than $10,000,000 on a single limit basis, such insurance to cover buildings and improvements including elevators and escalators and all public areas therein, streets, alleys and sidewalks adjacent thereto. (c) Worker's compensation insurance covering all persons employed in connection with any work done on or about the Land and the Improvements (if any) in such amounts and to the extent required by law. (d) Builder's risk insurance during any period of construction of any improvements, insuring the improvements against all casualties on a progressively insured basis for not less than one hundred percent (100%) of the replacement cost of the improvements on a completed value form. Section 2. Additional Insured. All insurance policies required to be provided and kept in full force and effect under the terms of this Article VIII shall be issued by insurance companies reasonably acceptable to Landlord and shall name Landlord as additional insured. All policies of insurance shall, to the extent obtainable, provide that, in the event any act or negligence of Tenant which might otherwise result in a forfeiture of said insurance, the insurer shall not thereby have a defense to Landlord's claim. All policies of insurance required hereunder shall be endorsed to provide that they shall not be cancelled, the coverage reduced and the terms shall not be materially changed without thirty (30) days' prior written notice to Landlord. Tenant shall 14