Certificate and Insurance Exhibit Compliance
What this clause says
Tenant shall deliver certificates evidencing the required coverages prior to the Commencement Date and upon each renewal, together with copies of all required additional insured, waiver of subrogation, and primary and non-contributory endorsements.
What this actually means
The insurance exhibit to a lease, a management agreement, or a loan document is the schedule listing every coverage, limit, and endorsement the counterparty requires. Compliance means the program actually matches that schedule, evidenced by certificates and by copies of the endorsements themselves.
What it means for an operator
Insurance exhibits are negotiated once, at signing, and then govern for the entire term while the program renews annually around them. Drift is the normal outcome. A market change alters an endorsement, a limit moves, a deductible increases, and nobody rereads a document signed years earlier. The exposure is contractual rather than insurance: non-compliance can be an event of default under a lease or loan regardless of whether a claim ever occurs, and it surfaces at the worst moment, during a refinancing, a sale, or a landlord audit. Build a single schedule comparing each exhibit requirement against the current program, and refresh it at every renewal. That schedule is also the fastest way to find real coverage gaps, because counterparties tend to require the things that matter.
How this evaluates
The Policy Checker applies these rules in order; the first match wins.
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Common questions about this clause
- What insurance does a senior housing REIT lease usually require?
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- What insurance does a senior living management company need?
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- What does HUD Section 232 require for insurance?