Common use of Additional Insureds; Notice Clause in Contracts

Additional Insureds; Notice. Any policy of insurance carried in --------------------------- accordance with this Section 10 and any policy taken out in substitution or replacement for any such policy (i) shall name the Landlord, each Site Landlord and the mortgagee of Landlord and each Site Landlord (so long as Tenant has been provided written notice as to the name and other required information relating to any such mortgagee), as additional insureds (the "Additional Insureds"), as their respective interests may appear (but without imposing upon any such Person any obligation imposed on the insured, including, without limitation, the liability to pay the premium for any such policy), (ii) with respect to insurance carried in accordance with the preceding paragraphs (b), (d)(i), (d)(iv) and (d)(v), shall name as loss payee, as their interests may appear, the Landlord, or as otherwise may be specifically required pursuant to a Site Lease or the Landlord's or any Site Landlord's mortgage, (iii) with respect to insurance carried in accordance with the preceding paragraphs (b) and (d), shall provide that as against the Landlord and all other Additional Insureds the insurers shall waive any rights of subrogation and (iv) shall provide that, if the insurers cancel such insurance for any reason whatsoever, such cancellation shall not be effective as to the Landlord and all other Additional Insureds for thirty (30) days after receipt by such parties of written notice by such insurers of such cancellation. Each liability policy (A) shall be primary without right of contribution from any other insurance which is carried by the Landlord with respect to its interest as such in a Theatre Property or Element thereof and (B) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured.

Additional Insureds; Notice. Any policy policies of insurance insurance, other than Workers' Compensation and Employer's Liability Insurance, carried in --------------------------- accordance with this Section 10 ARTICLE IX and any policy policies taken out in substitution or replacement for any such policy policies (i) shall name the Landlord, each Site Landlord Brazos and the mortgagee of Landlord and each Site Landlord (so long as Tenant has been provided written notice as to the name and other required information relating to any such mortgagee), Assignee as additional insureds (the "Additional Insureds")insureds, as their respective interests may appear (but without imposing upon any such Person person any obligation imposed on the insured, including, without limitation, the liability to pay the premium for any such policy), (ii) with respect shall have attached to insurance carried in accordance with the preceding paragraphs (b), (d)(i), (d)(iv) All Risk direct physical damage policy a lender's loss payable endorsement for the benefit of Brazos and (d)(v), shall name Assignee as loss payee, as their interests may appear, the Landlord, or as otherwise may be specifically required pursuant to a Site Lease or the Landlord's or any Site Landlord's mortgage, payees and (iii) with respect to insurance carried in accordance with the preceding paragraphs (b) and (d), shall provide that as against the Landlord Brazos and all other Additional Insureds Assignee the insurers shall waive any rights of subrogation and (iv) subrogation. Lessee shall provide that, if request the insurers cancel such insurance for any reason whatsoever, such cancellation shall not be effective as to the Landlord and all other Additional Insureds for give thirty (30) days after receipt by such parties of advance written notice to Brazos and its assigns of any cancellation of any insurance to be maintained under this Article. Lessee shall give a copy to Brazos and any Assignee of any notice received by such insurers Lessee regarding the cancellation or other termination of such cancellationthe insurance included in the Schedule of Insurance attached hereto as EXHIBIT "A". Each liability policy (A) shall be primary without right of contribution from any other insurance which is carried by the Landlord Brazos with respect to its interest as such in a Theatre Property or Element thereof the Facility and (B) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured.

Additional Insureds; Notice. Any policy policies of insurance insurance, other than Workers' Compensation and Employer's Liability Insurance, carried in --------------------------- accordance with this Section 10 ARTICLE IX and any policy policies taken out in substitution or replacement for any such policy policies (i) shall name the Landlord, each Site Landlord Brazos and the mortgagee of Landlord and each Site Landlord (so long as Tenant has been provided written notice as to the name and other required information relating to any such mortgagee), Assignee as additional insureds (the "Additional Insureds")insureds, as their respective interests may appear (but without imposing upon any such Person person any obligation imposed on the insured, including, without limitation, the liability to pay the premium for any such policy), (ii) with respect shall have attached to insurance carried in accordance with the preceding paragraphs (b), (d)(i), (d)(iv) All Risk direct physical damage policy a lender's loss payable endorsement for the benefit of Brazos and (d)(v), shall name Assignee as loss payee, as their interests may appear, the Landlord, or as otherwise may be specifically required pursuant to a Site Lease or the Landlord's or any Site Landlord's mortgage, payees and (iii) with respect to insurance carried in accordance with the preceding paragraphs (b) and (d), shall provide that as against the Landlord Brazos and all other Additional Insureds Assignee the insurers shall waive any rights of subrogation and (iv) subrogation. Lessee shall provide that, if request the insurers cancel such insurance for any reason whatsoever, such cancellation shall not be effective as to the Landlord and all other Additional Insureds for give thirty (30) days after receipt by such parties of advance written notice to Brazos and its assigns of any cancellation of any insurance to be maintained under this Article. Lessee shall give a copy to Brazos and any Assignee of any notice received by such insurers Lessee regarding the cancellation or other termination of such cancellationthe insurance included in the Schedule of Insurance attached hereto as EXHIBIT "A". Each liability policy (A) shall be primary without right of contribution from any other insurance which is carried by the Landlord Brazos with respect to its interest as such in a Theatre Property or Element thereof the Facility and (B) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured. Any insurance required to be maintained pursuant to this Lease may, at Lessee's option, be maintained, in whole or in part, as part of blanket insurance policies covering the Facilities and other properties of Lessee.

Additional Insureds; Notice. Any policy policies of insurance other than Workers' Compensation and Employer's Liability Insurance, carried in --------------------------- accordance with this Section 10 ARTICLE IX and any policy policies taken out in substitution or replacement for any such policy policies (i) shall name the Landlord, each Site Landlord Brazos and the mortgagee of Landlord and each Site Landlord (so long as Tenant has been provided written notice as to the name and other required information relating to any such mortgagee), Assignee as additional insureds (the "Additional Insureds")insureds, as their respective interests may appear (but without imposing upon any such Person person any obligation imposed on the insured, including, without limitation, the liability to pay the premium for any such policy), (ii) with respect shall have attached to insurance carried in accordance with the preceding paragraphs (b)All Risk direct physical damage policy, (d)(i), (d)(iv) a lender's loss payable endorsement for the benefit of Brazos and (d)(v), shall name Assignee as loss payee, as their interests may appear, the Landlord, or as otherwise may be specifically required pursuant to a Site Lease or the Landlord's or any Site Landlord's mortgage, payees and (iii) with respect to insurance carried in accordance with the preceding paragraphs (b) and (d), shall provide that as against the Landlord Brazos and all other Additional Insureds Assignee the insurers shall waive any rights of subrogation and (iv) subrogation. Lessee shall provide that, if request the insurers cancel such insurance for any reason whatsoever, such cancellation shall not be effective as to the Landlord and all other Additional Insureds for give thirty (30) days after receipt by such parties of advance written notice to Brazos and its assigns of any cancellation of any insurance to be maintained under this Article. Lessee shall give a copy to Brazos and any Assignee of any notice received by such insurers Lessee regarding the cancellation or other termination of such cancellationthe insurance included in the Schedule of Insurance attached hereto as EXHIBIT "A". Each liability policy (A) shall be primary without right of contribution from any other insurance which is carried by the Landlord Brazos with respect to its interest as such in a Theatre the Property or Element thereof and (B) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured.

Additional Insureds; Notice. Any policy policies of insurance carried in --------------------------- accordance with this Section 10 Article IX and any policy policies taken out in substitution or replacement for any such policy policies (i) shall name the Landlord, each Site Landlord Brazos and the mortgagee of Landlord and each Site Landlord (so long as Tenant has been provided written notice as to the name and other required information relating to any such mortgagee), Assignee as additional insureds (the "Additional Insureds")insureds, as their respective interests may appear (but without imposing upon any such Person person any obligation imposed on the insured, including, without limitation, the liability to pay the premium for any such policy), (ii) with respect to insurance carried in accordance with shall have attached thereto a lender's loss payable endorsement for the preceding paragraphs (b), (d)(i), (d)(iv) benefit of Brazos and (d)(v), shall name Assignee as loss payee, as their interests may appear, the Landlord, or as otherwise may be specifically required pursuant to a Site Lease or the Landlord's or any Site Landlord's mortgage, payees and (iii) with respect to insurance carried in accordance with the preceding paragraphs (b) and (d), shall provide that as against the Landlord Brazos and all other Additional Insureds Assignee the insurers shall waive any rights of subrogation and (iv) subrogation. Diamond Shamrock R & M shall provide that, if request the insurers cancel such insurance for any reason whatsoever, such cancellation shall not be effective as to the Landlord and all other Additional Insureds for give thirty (30) days after receipt by such parties of advance written notice to Brazos and its assigns of any cancellation of any insurance to be maintained under this Article. Diamond Shamrock R & M shall give a copy to Brazos and any Assignee of any notice received by such insurers Diamond Shamrock R & M regarding the cancellation or other termination of such cancellation. the insurance included in the Schedule of Insurance attached hereto as Exhibit A. Each liability policy (A) shall be primary without right of contribution from any other insurance which is carried by the Landlord Brazos with respect to its interest as such in a Theatre the Property or Element thereof and (B) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured.

Additional Insureds; Notice. Any policy policies of insurance other than Workers' Compensation and Employers' Liability Insurance, carried in --------------------------- accordance with this Section 10 ARTICLE IX and any policy policies taken out in substitution or replacement for any such policy policies (i) shall name the Landlord, each Site Landlord Brazos and the mortgagee of Landlord and each Site Landlord (so long as Tenant has been provided written notice as to the name and other required information relating to any such mortgagee), Assignee as additional insureds (the "Additional Insureds")insureds, as their respective interests may appear (but without imposing upon any such Person person any obligation imposed on the insured, including, without limitation, the liability to pay the premium for any such policy), (ii) with respect shall have attached to insurance carried in accordance with the preceding paragraphs (b)All Risk direct physical damage policy, (d)(i), (d)(iv) a lender's loss payable endorsement for the benefit of Brazos and (d)(v), shall name Assignee as loss payee, as their interests may appear, the Landlord, or as otherwise may be specifically required pursuant to a Site Lease or the Landlord's or any Site Landlord's mortgage, payees and (iii) with respect to insurance carried in accordance with the preceding paragraphs (b) and (d), shall provide that as against the Landlord Brazos and all other Additional Insureds Assignee the insurers shall waive any rights of subrogation and (iv) subrogation. Lessee shall provide that, if request the insurers cancel such insurance for any reason whatsoever, such cancellation shall not be effective as to the Landlord and all other Additional Insureds for give thirty (30) days after receipt by such parties of advance written notice to Brazos and its assigns of any cancellation of any insurance to be maintained under this Article. Lessee shall give a copy to Brazos and any Assignee of any notice received by such insurers Lessee regarding the cancellation or other termination of such cancellationthe insurance included in the Schedule of Insurance attached hereto as EXHIBIT "A". Each liability policy (A) shall be primary without right of contribution from any other insurance which is carried by the Landlord Brazos with respect to its interest as such in a Theatre the Property or Element thereof and (B) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured. Any insurance required to be maintained pursuant to this Lease may, at Lessee's option, be maintained, in whole or in part, as part of blanket insurance policies covering the Property and other properties of Lessee.