15.1 Coverage. From and after Client's entry upon the Premises, Client will carry and maintain the following types of insurance, in at least the amounts specified and in the form hereinafter provided for:
A. General Liability. Commercial general liability insurance written on an occurrence basis for bodily injury and property damage with coverage limits of not less than Three Million Dollars ($3,000,000) combined single limit per occurrence, insuring against any and all liability of Client for risks typically covered by an "ISO-type" policy with respect to said Premises or arising out of the maintenance, use or occupancy thereof. All such bodily injury liability insurance and property damage liability insurance shall specifically insure the performance by Client of that part of the indemnity agreement contained in Section 14.1 relating to liability for injury to or death of persons and damage to property, as well as contractual liability.
B. Workers' Compensation. The amount and type of workers’ compensation insurance required by the State of Florida for the benefit of Client’s employees. Client shall waive and cause its workers’ compensation carrier to waive their respective rights of subrogation against Universal and its parent, related and affiliated companies, mortgagees or beneficiaries and such additional individuals or entities as Universal shall from time to time designate.
C. Automobile: Commercial Auto Liability with a limit of One Million Dollars ($1,000,000) Combined Single Limit Bodily Injury and Property Damage. Such coverage shall include Owned, Non Owned, and Hired Auto Liability for such vehicles driven on Universal's premises. If Client does not own company vehicles, a letter to that effect from an officer or principal of the company in addition to proof of Non Owned and Hired Auto Liability as stated above is required.
D. Leasehold Improvements and Property: Insurance covering all leasehold improvements, fixtures, personal property, office equipment and other personality, from time to time in, on or upon the Premises (regardless of whether Universal or Client paid for such items), in an amount not less than their full replacement cost, providing protection against any peril included within the classification "All Risks," including coverage for sprinkler and water damage and theft. Any policy proceeds shall be used for the repair or replacement of the property damaged or destroyed unless this License shall cease and terminate under the provisions of Article XV, in which event Universal and Client shall share in such proceeds as their respective interests may appear.
E. Other Insurance: In addition, Client shall, at Universal’s request, provide, keep and maintain in full force and effect such other insurance for such risks and in such amounts as may from time to time be commonly insured against in the case of business operations similar to those contemplated by this License to be conducted by Client on the Premises. Client shall be responsible for paying any additional premiums charged by its insurer(s) for additional insurance, certificates or waivers reasonably specified by Universal.
If Client fails to maintain any insurance required to be maintained by Client hereunder, Universal shall have the right to purchase or acquire the same and Client agrees to reimburse Universal, upon demand, all sums so paid and all costs and expenses incurred by Universal in connection therewith, plus Interest thereon.
15.2 Form of Policies. All general liability, property damage and other casualty policies shall be written as primary policies, not contributory with or secondary to coverage which Universal may carry. Universal’s insurance shall not be called upon by Client’s insurer to contribute in any way and Client shall secure endorsements to this effect from all insurers of such Client’s policies. All policies of insurance provided for herein shall be issued by insurance companies qualified to do business in the State of Florida and with a rating of at least "A-, X" in A. M. Best's Key Rating Guide. All such policies will be primary and non-contributing with any insurance maintained by Universal. All such policies (except to the extent inconsistent with the type of policy) shall contain cross-liability endorsements and shall name Universal, Universal City Studios Productions LLLP, Universal City Studios LLC, NBC Universal Media, LLC and such additional individuals or entities as Universal shall from time to time reasonably designate, as "Additional Insureds." Executed copies of such policies of insurance or certificates thereof shall be delivered to Universal within twenty (20) days prior to Client's entry onto the Premises to commence Client's work and, thereafter, executed copies of renewal policies or certificates thereof shall be delivered to Universal no later than sixty (60) days prior to the expiration of the Term of each such policy. Such policies or certificates shall be signed by a person authorized by that insurer to bind the coverage on its behalf. Universal reserves the right to require complete, certified copies of all required insurance policies, at any time. When any such policy shall expire or terminate, renewal or additional policies shall be procured and maintained by Client in like manner and to like extent. All policies must contain a provision that the company writing said policy will give to Universal sixty (60) days' prior written notice in advance of any cancellation, lapse, reduction in the amount of coverage or other adverse change respecting such insurance.
15.3 Blanket Insurance Policies. Client's obligation to carry the insurance provided for above may be satisfied by inclusion of the Premises within the coverage of so-called "blanket" policies of insurance carried and maintained by Client; provided, that Universal, Universal City Studios Productions LLLP, Universal City Studios LLC, NBC Universal Media, LLC and such additional individuals or entities as Universal shall from time to time reasonably designate, shall be named as additional insureds thereunder as their interests may appear and that the coverage afforded Universal will not be reduced or diminished by reason of the use of such blanket policies of insurance, and provided further that the requirements set forth herein are otherwise satisfied. Client shall permit Universal at all reasonable times to inspect any policies of insurance maintained by Client covering risks upon the Premises or related to Client 's occupancy of the Premises if such policies have not been previously delivered to Universal.
15.4 Universal's Insurance Obligation. Universal shall maintain in effect a policy or policies of insurance providing protection for the following: (i) general liability for bodily injury and property damage arising from Universal's ownership and/or operation of the Premises with coverage limits at least equal to those Client is required to maintain in accordance with Subsection 15.1.A, and (ii) all perils insurable under an "all risks" policy (with, at Universal's election, coverage for other risks such as floods and earthquake, providing such coverage is available at commercially reasonable cost) covering the building in which the Premises is located, exclusive of any item insured by Client pursuant to Section 15.1 and by other tenants, occupants or licensees in an amount at least equal to eighty percent (80%) of the insured improvements' full replacement cost (exclusive of the costs of excavations, foundation and footings). Insurance provided for in this Section 15.4 may be carried by inclusion within the coverage of any blanket policy or policies of insurance maintained by Universal, provided that the coverage afforded will not be reduced or diminished by reason of the use of such blanket policies of insurance. Notwithstanding the above, Universal may cause any of the policies which it maintains to carry such deductibles as are commercially reasonable. Universal (itself or through an affiliate) may self-insure any of the risks set forth in this Section 15.4.
15.5 Mutual Waivers of Rights. Universal (for itself and its insurer) and Client (for itself and its insurer) each hereby waive any rights, including rights of subrogation, either may have against the other, and Client hereby waives any rights it may have against other tenants of the Premises (provided such other tenants, occupants and/or licensees have waived such rights against Client and to the extent that Client is insured for the loss) for compensation of any loss or damage occasioned to Universal or Client, as the case may be, with regard to their respective property, the Premises, its contents or portions of the Building, arising from any risk generally covered by the all risks insurance required under Sections 15.1 and 15.4. The foregoing waivers shall be in operation only so long as insurance coverage recognizing such waivers is available in the State of Florida and so long as no policy is invalidated thereby. Each party may conclusively presume that the waiver by the other party is in full force and effect unless and to the extent the other party notifies the presuming party to the contrary. Nothing in this Section 15.5 shall derogate from the generality of Section 11, which Section 11 shall prevail.
15.6 Insurance Use Restrictions. Client will not do anything in or about the Premises or on Universal Orlando that will in any way tend to increase the insurance rates for any insurance maintained by Universal above the levels generally applicable to low-risk commercial rent space. Client shall pay to Universal forthwith upon demand the amount of any increase in premiums charged to Universal for insurance carried by Universal pursuant to Section 15.4 resulting from Client's violation of the foregoing restrictions, regardless of whether Universal consented to Client's act or whether such conduct is consistent with the Client’s permitted use of the Premises.
Additional Insured should read as follows:
Universal City Development Partners Ltd.
1000 Universal Studios Plaza
Orlando, FL 32819