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SEC Filings

S-1
VITAE PHARMACEUTICALS, INC filed this Form S-1 on 08/12/2014
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time to time reasonably request, and (ii) all-risk or fire and extended coverage insurance upon all furniture, trade fixtures, equipment and other personal property in, and all alterations and improvements performed by Tenant to, the Property for the full replacement value of the same. All liability insurance policies shall name Landlord, the Property Manager and at Landlord’s request any mortgagee of all or any portion of the Property as additional insureds. Tenant shall deliver to Landlord certificates of such insurance at or prior to the Commencement Date, together with evidence of paid-up premiums, and shall deliver to Landlord renewals thereof at least thirty (30) days prior to expiration. All such policies and certificates shall provide that such insurance coverage may not be cancelled or materially amended unless Landlord, the Property Manager and any mortgagee designated by Landlord as aforesaid are given at least thirty (30) days prior written notice of the same. Landlord agrees to maintain property, casualty and liability insurance in such amounts and with such coverages as Landlord determines is prudent (and as Landlord’s bank may require), the cost thereof to be paid by Tenant as part of Additional Rent, and to provide Tenant with a copy of any certificate of insurance. Landlord covenants and agrees that from and after the Commencement Date, Landlord will carry and maintain the following insurance: (a) Commercial general liability insurance covering the Land, the Building and the Property against claims for personal or bodily injury or death or property damage occurring upon, in or about the Land, the Building and the Property (including contractual, indemnity and liability coverage to cover Landlord’s indemnities set forth herein), such insurance to afford protection to the limit of not less than $3,000,000.00 combined single limit or such higher limits as Landlord may elect, at its option, or as Landlord’s mortgage may require Landlord to carry from time to time, on an occurrence basis, in respect to injury or death to any number of persons and broad from property damage .arising out of any one occurrence. This insurance coverage shall extend to any liability of Landlord arising out of the indemnities provided, for in Section 19 of this Lease. Such policy shall be written in the name of Landlord, with Tenant and any other parties reasonably designated by Landlord or Tenant from time to time as additional insureds; and (b) Property insurance on a “special perils” extended coverage basis (including coverage against fire, wind, vandalism, malicious mischief, water damage and sprinkler leakage) covering the Property and the Building in an amount not less than 100% of the full replacement cost thereof, subject to customary deductibles.

 

19.                               LIABILITY.

 

(a)                                 Landlord (for purposes of Sections 19 and 20 only, defined as Landlord and its officers, members, directors, employees, agents, invitees contractors, mortgagees and all their respective successors and assigns) shall not be liable to Tenant (for purposes of Sections 19 and 20 only, defined as Tenant, and its officers, shareholders, directors, employees, agents, contractors, mortgagees and lenders, and their respective successors and assigns), and Tenant hereby releases Landlord for any loss of life, personal injury or damage to property in the Property from any cause whatsoever unless such loss, injury or damage is the result of the negligence or willful misconduct of Landlord. Tenant shall and does hereby indemnify and hold Landlord harmless from and against any and all claims, actions, damages, liability and expenses (including reasonable attorneys’ fees) in connection with any loss of life, personal injury or damage to property in or about the Property or arising out of the use or occupancy of the Property by Tenant, its agents, employees, invitees or contractors, or occasioned in whole or in part by Tenant, its agents, employees, invitees or contractors, except to the extent such loss, injury or damage was caused by the negligence or willful misconduct of Landlord, its agents or employees. Landlord shall and does hereby indemnify and hold Tenant, its agents and employees harmless from and against any and all claims, actions, damages, liability and expenses (including reasonable attorneys fees) in connection with any loss of life or personal injury arising out of the use or occupancy of the Property by Landlord except to the

 

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