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Contract analysis / psa-exhibit-m-insurance-requirements.docx
psa-exhibit-m-insurance-requirements.docx
1036-00004 · 12 clauses
High · 3 Medium · 3 Standard · 4
1. PROPERTY INSURANCE (ALL-RISK / SPECIAL FORM) High
⚑ Penalty / liquidated damages
1. PROPERTY INSURANCE (ALL-RISK / SPECIAL FORM) 1.1 Coverage Type. Buyer shall obtain and maintain, or cause each applicable Target Entity to obtain and maintain, "All Risk" or "Special Form" property insurance covering all fourteen (14) Properties comprising the Portfolio and all real and personal property located therein or forming a part thereof, including, without limitation, all buildings, structures, improvemen
2. COMMERCIAL GENERAL LIABILITY INSURANCE High
⚑ Indemnity / guarantee obligation
2. COMMERCIAL GENERAL LIABILITY INSURANCE 2.1 Coverage Type. Buyer shall obtain and maintain, or cause each applicable Target Entity to obtain and maintain, commercial general liability ("CGL") insurance written on an occurrence basis, using Quillon Group ("ISO") form CG 00 01 or a substantively equivalent form providing coverage no less broad than the ISO form. The policy shall cover all operations conducted by or o
3. UMBRELLA / EXCESS LIABILITY INSURANCE Standard
⚑ Commercial term
3. UMBRELLA / EXCESS LIABILITY INSURANCE 3.1 Coverage Type. Buyer shall obtain and maintain, or cause to be obtained and maintained, umbrella or excess liability insurance on a follow-form basis, providing excess coverage over and above the primary CGL policy described in Section 2, the employer's liability coverage described in Section 4, and the automobile liability coverage described in Section 5. The umbrella or
4. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Medium
⚑ Forum / governing law
4. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE 4.1 Workers' Compensation. Buyer shall obtain and maintain, or cause each applicable Target Entity to obtain and maintain, workers' compensation insurance providing statutory benefits as required by the laws of each state in which a Property is located, including the states of Georgia, Texas, Florida, Tennessee, and North Carolina. The workers' compensation
5. AUTOMOBILE LIABILITY INSURANCE Standard
⚑ Commercial term
5. AUTOMOBILE LIABILITY INSURANCE 5.1 Coverage. Buyer shall obtain and maintain, or cause each applicable Target Entity to obtain and maintain, comprehensive automobile liability insurance covering all owned, non-owned, leased, and hired vehicles used in connection with the ownership, operation, management, or maintenance of the Properties. If Buyer or any Target Entity does not own any vehicles, the automobile liabi
6. ENVIRONMENTAL / POLLUTION LIABILITY INSURANCE Standard
⚑ Commercial term
6. ENVIRONMENTAL / POLLUTION LIABILITY INSURANCE 6.1 Applicability. Environmental or pollution liability insurance is required for those Properties at which recognized environmental conditions ("RECs") have been identified in the Phase I Environmental Site Assessments ("Phase I ESAs") prepared in connection with the transactions contemplated by the Agreement. Specifically, as of the date hereof, the following Propert
7. CRIME / OMNIVREL INSURANCE
7. CRIME / OMNIVREL INSURANCE 7.1 Coverage. Buyer shall obtain and maintain, or cause to be obtained and maintained, commercial crime insurance or a fidelity bond providing coverage for losses arising from employee dishonesty, including theft of money, securities, and other property; forgery or alteration; computer fraud and funds transfer fraud; and inside and outside theft. The policy shall cover acts committed by
8. REPRESENTATIONS AND WARRANTIES INSURANCE Standard
⚑ Commercial term
8. REPRESENTATIONS AND WARRANTIES INSURANCE 8.1 Separate Procurement. Buyer-side representations and warranties ("R&W") insurance is being procured by Buyer in connection with the transactions contemplated by the Agreement and is addressed separately from this Exhibit M. The R&W insurance policy is not a requirement of this Exhibit M, but the following information is provided for reference and coordination purposes:
9. GENERAL REQUIREMENTS APPLICABLE TO ALL POLICIES High
⚑ Indemnity / guarantee obligation
9. GENERAL REQUIREMENTS APPLICABLE TO ALL POLICIES 9.1 Carrier Ratings. All policies of insurance required by this Exhibit M shall be issued by insurance carriers holding a current A.M. Best rating of "A-" (Excellent) or better and a financial size category of "VIII" or greater, as published in the most recent edition of Best's Key Rating Guide (or any successor publication). If any carrier's rating falls below the m
10. LENDER-SPECIFIC INSURANCE REQUIREMENTS
10. LENDER-SPECIFIC INSURANCE REQUIREMENTS 10.1 Pinnacle Federal Bank, N.A. The following requirements apply to the eight (8) logistics properties securing the loan obligations owed to Pinnacle Federal Bank, N.A.: Loan Reference: Master Loan Agreement, dated as of September 15, 2020, by and among GMP Fairfield I LLC, GMP Fairfield II LLC, GMP Westlake LLC, GMP Katy LLC, GMP Alliance LLC, GMP Lakeland LLC, GMP Southpo
11. TRANSITION PERIOD INSURANCE Medium
⚑ Assignment / subcontracting
11. TRANSITION PERIOD INSURANCE 11.1 Existing Coverage. During the ninety (90)-day post-closing transition services period (from the Closing Date of June 6, 2024, through approximately September 4, 2024), Buyer shall ensure that all fourteen (14) Properties comprising the Portfolio are continuously covered under the insurance policies described in this Exhibit M, without any gap, lapse, or interruption in coverage fr
12. TENANT INSURANCE REQUIREMENTS Medium
⚑ Forum / governing law
12. TENANT INSURANCE REQUIREMENTS 12.1 Lease Compliance. Buyer shall enforce, and shall cause each applicable Target Entity and property manager to enforce, all insurance requirements contained in each of the eighty-seven (87) leases across the Portfolio, including, without limitation, requirements that each tenant obtain and maintain: (i) commercial general liability insurance; (ii) property insurance covering tenan