Page 21 - Bernardon Proposal-ECHO Realty-MyEyeDr
P. 21
5. No construction work shall be commenced by Tenant until Tenant receives prior written approval of the final plans and
specifications from Landlord. Approval of Tenant’s plans and specifications by Landlord or Landlord’s architect does not
relieve Tenant of the responsibility to comply with the requirements of applicable codes and regulations. All changes after
final approval are subject to Landlord’s prior written approval. After approval by Landlord of Tenant’s plans and specifications,
tenant shall pay for any and all requested changes, substitutions or eliminations in such approved plans and specifications
requested by Tenant. Tenant shall pay for any architectural costs incurred by Landlord in connection with a subsequent
remolding, alteration, repair or rebuilding of the Premises.
6. Nothing contained in this Lease or this Exhibit shall be deemed or construed in any way as constituting the consent or request
of Landlord, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer, mechanic or material
man, the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of the
Premises or any part thereof nor as giving Tenant a right, power or authority, as otherwise provided in this Lease or this
Exhibit to contract for or permit the rendering of any services or the furnishing or any material man’s liens or claims against
the Premises, Tenant’s interest therein, or the Shopping Center.
F. INSURANCE:
Tenant shall require its contractor and/or subcontractors to furnish Landlord evidence of the following Insurance coverage terms
and conditions prior to the commencement of the Tenant’s work:
1. Commercial General Liability Insurance:
a) Coverage must include contractual and products/completed operations liability, contractor’s protective liability,
and explosion, collapse, and underground property damage hazard.
b) Minimum acceptable limit of coverage $1,000,000 per occurrence, $2,000,000 aggregate (exception: higher
limits might be required for hazardous non-routine building services).
2. Business Auto Liability Insurance:
a) Coverage must include owned, hired, and non-owned vehicles.
b) Minimum acceptable limit of coverage of $1,000,000 combined single limit of bodily injury and property
damage, $2,000,000 aggregate.
3. Worker’s Compensation Insurance:
a) Must provide benefits as mandated by the state worker’ compensation statute.
b) Minimum acceptable Employer’s Liability limit is $100,000 for bodily injury by accident and $100,000 for bodily
injury by disease.
4. Excess Liability Insurance:
a) Such coverage shall be excess of the general liability insurance, business auto liability insurance, and
employer’s liability as required by this contract.
b) Minimum acceptable limit of coverage of $3,000,000 (or the final limit decided to be appropriate) per
occurrence and aggregate.
5. (if applicable) Professional Services shall maintain errors and omissions (E&O) insurance in an amount not less than
$1,000,000 per claim, $2,000,000 aggregate through the term of this agreement and for at least one (1) year after. E&O
coverage may be written on claims – made basis.
6. Landlord must be named as additional insured with regards to general liability and auto liability insurance.
7. Other insurance: A statement must be included in the description of the certificate of insurance, indicating that the insurance
as stated on this certificate is primary to any and all other applicable/collectable insurance coverage.
8. Cancellation Clause: Shall contain a thirty (30) day notice of cancellation and the following wording must be deleted:
“endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its
agents or representatives”.
9. If an “Insured vs. Insured” or “cross liability” exclusion is on the general liability, business auto, and/or the professional liability
policies, it must be deleted.
10. Contractor shall require all insurance policies that are in any way related to the work and that are secured and maintained by
the contractor, to include clauses providing that each underwriter shall waive all of its rights to recovery, under subrogation or
otherwise, against Landlord.
11. Contractor waives all rights of recovery against Landlord which the contractor may have or acquired because of deductible
clauses or inadequacy of limits of any policies of insurance that are in any way related to the Work and that are secured and
maintained by the contractor.
12. Contractor must provide a certificate of insurance evidencing all Insurance coverages, terms, and conditions as outlined to
Landlord prior to the start of any work.
ECHO Realty | Warm Dark Shell Construction 4
Echo Realty Media SC MyEyeDr Exhibit C LL-Tenant Work ANNOTATED.pdf Page 4 of 5