$1,000,000 per occurrence $2,000,000 aggregate General Liability
$5,000,000 Umbrella Liability
$1,000,000 Workers Comp/Employers Liability
$1,000,000 Liquor liability if alcohol is being served.
The following is primary, noncontributory additional insured, and a waiver of subrogation in favor of:
401 West 14th Street Fee LLC, Taconic 401 West 14th Street Principals LLC, 401 West 14th Street
Investors LLC, 401 West 14th Street Associates LLC, 401 West 14th Street Mezz LLC, Taconic Investment Partners LLC and Taconic Management Company LLC, Taconic Development Company LLC, T-C 401 West 14th Street Member LLC, TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, a New York Corporation for the benefit of its separate Real Estate Account is added as an additional insured but only with respect to liability arising out of the named insured during the policy period.
Rules and Regulations of the space are provided to the tenant by Appear Here prior to confirming the space. PDF titled "401W14 Rules & Regulations". The tenant is in breach of contract if rules are not followed and proper insurance is not provided.
The Licensee will at all times maintain, in respect of the Premises, Insurance cover for commercialgeneral liability, product liability and employers liability. Without limitation of theforegoing:(a) Licensee shall obtain and keep in full force and effect during the Term the insurance insuch amounts no less than as reflected on Schedule 1.19 annexed hereto, at its sole cost and expense. All of such policies shall name Landlord, its Mortgagee and property manager
and any other party reasonably requested to be named as additional insureds and shall contain provisions that the policies shall be non cancelable with respect to Landlord and mortgagees, as applicable, unless thirty (30) days prior written notice (but only 10 days for non-payment of premiums) of cancellation shall have been given to such parties.(b) On or prior to the Commencement Date, Licensee shall deliver to Landlord appropriate certificates of insurance. Evidence of each renewal or replacement of a policy shall be delivered by Licensee (and by the insurer in such manner as may be commercially available from such insurer from time to
time) to Landlord at least ten (10) business days prior to the expiration of such policy.(c) Landlord and Licensee hereby waive any and all rights of recovery against the other, or against the officers, employees, partners, agents and representatives of the other, for loss of or damage to the property of the waiving party to the extent such loss or damage is insured against under any property insurance policy carried by Landlord or Licensee hereunder. In addition, the parties hereto shall procure an appropriate clause in, or endorsement on, any fire or extended coverage insurance covering the Premises, the Building and personal property, fixtures and equipment located thereon or therein, pursuant to which the insurance companies waive subrogation or consent to a waiver of right of recovery and subject to obtaining such clauses or endorsements of waiver of subrogation or consent to a waiver of right of recovery, hereby agree not to make any claim against or seek to recover from the other for any loss or damage to its property or the property of others resulting from fire or other hazards covered by such fire and extended coverage insurance; provided, however, that the release, discharge, exoneration and covenant not to sue herein contained shall be limited by and coextensive with the terms and provisions of the waiver of
subrogation clause or endorsements or clauses or endorsements consenting to a waiver of right of recovery. 1.20. The Licensee will allow the Landlord, on at least twenty four hours' notice, to enter the Premises for the purposes of inspection and for any other reasonable purpose, save in emergency, when no notice shall be required. Without limitation of any other indemnity obligation from Licensee hereunder, Licensee shall indemnify and save Landlord and its members, managers, principals, officers, agents, employees, affiliates, and the successors and/or assigns of each of the foregoing (collectively, the “Indemnitees”) and each of them harmless from and against (i) all claims of whatever nature
against the Indemnitees and/or the Premises (including,without limitation, with respect to environmental matters and/or hazardous materials and the remediation thereof) arising from the conduct of any business therein, or any work or thing whatsoever done, or any condition created in or about the Premises during the Term or any act, omission or negligence of Licensee, its contractors, licensees, agents, servants, employees, invitees or visitors, (ii) all claims against the Indemnitees arising from any accident, injury, damage or other occurrences whatsoever caused to any person or to the property of any person and occurring during the Term in or about the Premises, (iii) all claims against the Indemnitees arising from any accident, injury or damage occurring outside of the Premises but anywhere within or about the real property at which the Building is located, where such accident, injury of damage results or is claimed to have resulted from an act, omission or negligence of Licensee or Licensee’s agents, employees, invitees or visitors, and (iv) any breach, violation or nonperformance of any covenant, condition or agreement in this License set forth and contained on the part of Licensee to be fulfilled, kept, observed and performed. This indemnity and hold harmless agreement shall include without limitation indemnification from and against any and all liability, fines, suits, demands, costs and expenses of any kind or nature (including, without limitation, attorneys’ fees and disbursements) incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof. If any claim, action or proceeding is made or brought against any Indemnitee, which claim, action or proceeding Licensee shall be obligated to indemnify such Indemnitee against pursuant to the terms of this License, then, upon demand by the Indemnitee, Licensee, at its sole cost and expense, shall resist or defend such claim, action or proceeding in the Indemnitee’s name, if necessary, by such attorneys as the Indemnitee shall reasonably approve. The
provisions of this paragraph shall survive the expiration or earlier termination of this License.
This building is landmarked and licensee shall be responsible for any fines incurred as a result of non-compliance with LPC rules and regulations set forth by the City of New York.