Common use of Additional Provisions Respecting Insurance Clause in Contracts

Additional Provisions Respecting Insurance. (a) All insurance required by Section 4(a) hereof shall name the Agency as a named insured and all other insurance required by Section 4 shall name the Agency as an additional insured. All insurance shall be procured and maintained in financially sound and generally recognized responsible insurance companies selected by the Company and authorized to write such insurance in the State. Such insurance may be written with deductible amounts comparable to those on similar policies carried by other companies engaged in businesses similar in size, character and other respects to those in which the Company is engaged. All policies evidencing such insurance shall provide for (i) payment of the losses of the Company and the Agency as their respective interest may appear, and (ii) at lease thirty (30) days prior written notice of the cancellation thereof to the Company and the Agency. (b) All such policies of insurance, or a certificate or certificates of the insurers that such insurance is in force and effect, shall be deposited with the Agency on the date hereof Prior to expiration of any such policy, the Company shall furnish the Agency evidence that the policy has been renewed or replaced or is no longer required by this Agreement. (c) All premiums with respect to the insurance required by Section 4 hereof shall be paid by the Company; provided, however, that, if the premiums are not timely paid, the Agency may pay such premiums and the Company shall pay immediately upon demand all sums so expended by the Agency, together with interest thereon at a per annum rate of interest of eight percent (8%), or the maximum rate of interest permitted by law, whichever is less.

Appears in 1 contract

Samples: Agent Agreement

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Additional Provisions Respecting Insurance. (a) All insurance required by Section 4(a) 6.3 hereof shall name the Agency as a named insured and all other insurance required by Section 4 shall name the Agency as an additional insured. All insurance shall be procured and maintained in financially sound and generally recognized responsible insurance companies selected by the Company Borrower and authorized to write such insurance in the StateState and of the type and scope of coverage and in the amounts of coverage as required hereunder. Such insurance may be written with deductible amounts comparable to those on similar policies carried by other companies engaged in businesses similar in size, character and other respects to those in which the Company Borrower is engaged. All policies evidencing such insurance shall provide for (i) payment of the losses of to the Company Borrower and the Agency Issuer as their respective interest interests may appear, and (ii) at lease least thirty (30) 30 days prior written notice of the cancellation thereof to the Company Borrower and the AgencyIssuer and (iii) shall comply with Paragraph 9 of the Mortgage. The policies required by Section 6.3 (a) hereof shall contain standard mortgagee clauses requiring that all Net Proceeds of insurance resulting from any claim in excess of $250,000.00 for loss or damage covered thereby be directly paid to the Issuer. (b) All such policies of insurance, or a certificate or certificates of the insurers that such insurance is in force and effect, shall be deposited with the Agency Issuer on or before the Closing Date. The Borrower shall deliver to the Issuer on or before the renewal date hereof of each such policy, each year thereafter a certificate reciting that there is in full force and effect, with a term covering at least the next succeeding year, insurance in the amounts and of the types required by Section 6.3 and 6.4 hereof. Prior to expiration of any such policy, the Company Borrower shall furnish the Agency Issuer evidence that the policy has been renewed or replaced or is no longer required by this Agreement. (c) All premiums with respect to the insurance required by Section 4 hereof shall be paid by the Company; provided, however, that, if the premiums are not timely paid, the Agency may pay such premiums and the Company shall pay immediately upon demand all sums so expended by the Agency, together with interest thereon at a per annum rate of interest of eight percent (8%), or the maximum rate of interest permitted by law, whichever is less.

Appears in 1 contract

Samples: Loan Agreement (Fogelman Mortgage L P I)

Additional Provisions Respecting Insurance. (a) All insurance required by Section 4(a) 10 hereof shall name the Agency as a named insured and all other insurance required by Section 4 shall name the Agency as an additional insured, as its interest may appear, on a primary and non-contributory basis. All insurance shall be procured and maintained in financially sound and generally recognized responsible insurance companies selected by the Company and authorized to write such insurance in the State. Such insurance may be written with commercially reasonably deductible amounts comparable to those on similar policies carried by other companies engaged in businesses similar in size, character and other respects to those in which the Company is engaged. All policies evidencing such insurance shall provide for for (i) payment of the losses of the Company and the Agency as their respective interest may appear, and (ii) at lease least thirty (30) days prior written notice of the cancellation thereof to the Company and the Agency, except in the event of non-payment, in which at least ten (10) days prior written notice of the cancellation shall be delivered to the Company and the Agency. All insurance requirements in Section 10 may be satisfied by blanket policies subject to the reasonable approval by the Agency; provided, however, that approval or acceptance by a commercial lender (if any) in connection with the financing of the Project shall not require approval by the Agency. All or some of Section 10 insurance requirements may be satisfied by an Owner Controlled Insurance Program (“OCIP”) subject to approval by the Agency; provided, however, that approval or acceptance by a commercial lender in connection with the financing of the Project shall not require approval by the Agency. (b) All such policies of insurance, or a certificate or certificates of the insurers insurance that such insurance is in force and effect, shall be deposited with the Agency on the date hereof hereof. Prior to expiration of any such policy, the Company shall furnish evidence to the Agency evidence that the policy has been renewed or replaced or is no longer required by this Agreement. (c) All premiums with respect to the insurance required by Section 4 hereof shall be paid by the Company; provided, however, that, if the premiums are not timely paid, the Agency may pay such premiums and the Company shall pay immediately upon demand all sums so expended by the Agency, together with interest thereon at a per annum rate of interest of eight percent (8%), or the maximum rate of interest permitted by law, whichever is less.

Appears in 1 contract

Samples: Project Agreement

Additional Provisions Respecting Insurance. (a) All insurance required by Section 4(a) hereof shall name the Agency as a named insured and all other insurance required by Section 4 other than insurance required by Section 4(b) shall name the Agency as an additional insured. All insurance shall be procured and maintained in financially sound and generally recognized responsible insurance companies selected by the Company and reasonably acceptable to the Agency and authorized to write such insurance in the State. Such insurance may be written with deductible amounts comparable to those on similar policies carried by other companies engaged in businesses similar in size, character and other respects to those in which the Company is engaged. All policies evidencing such insurance shall provide for (i) payment of the losses of the Company and the Agency as their respective interest may appear, and (ii) at lease thirty (30) days prior written notice of the cancellation thereof to the Company and the Agency. (b) All such policies of insurance, or a certificate or certificates of the insurers that such insurance is in force and effect, shall be deposited with the Agency on the date hereof hereof. Prior to expiration of any such policy, the Company shall furnish the Agency evidence that the policy has been renewed or replaced or is no longer required by this Agreement. (c) All premiums with respect to the insurance required by Section 4 hereof shall be paid by the Company; provided, however, that, if the premiums are not timely paid, the Agency may pay such premiums and the Company shall pay immediately upon demand all sums so expended by the Agency, together with interest thereon at a per annum rate of interest of eight percent (8%)) per annum, or the maximum rate of interest permitted by law, whichever is less.

Appears in 1 contract

Samples: Agent Agreement

Additional Provisions Respecting Insurance. (a) All insurance required by Section 4(a) 4 hereof shall name the Agency as a named insured and all other insurance required by Section 4 shall name the Agency as an additional insured, as its interest may appear. All insurance shall be procured and maintained in financially sound and generally recognized responsible insurance companies selected by the Company and authorized to write such insurance in the State. Such insurance may be written with commercially reasonably deductible amounts comparable to those on similar policies carried by other companies engaged in businesses similar in size, character and other respects to those in which the Company is engaged. All policies evidencing such insurance shall provide for (i) payment of the losses of the Company and the Agency as their respective interest may appear, and (ii) at lease least thirty (30) days prior written notice of the cancellation thereof to the Company and the Agency, except in the event of non-payment, in which at least ten (10) days prior written notice of the cancellation shall be delivered to the Company and the Agency. All insurance requirements in Section 4 may be satisfied by blanket policies subject to the reasonable approval by the Agency; provided, however, that approval or acceptance by a commercial lender (if any) in connection with the financing of the Project shall not require approval by the Agency. All or some of Section 4 insurance requirements may be satisfied by an Owner Controlled Insurance Program ("OCIP") subject to approval by the Agency; provided, however, that approval or acceptance by a commercial lender in connection with the financing of the Project shall not require approval by the Agency. (b) All such policies of insurance, or a certificate or certificates of the insurers that such insurance is in force and effect, shall be deposited with the Agency on the date hereof hereof. Prior to expiration of any such policy, the Company shall furnish the Agency evidence that the policy has been renewed or replaced or is no longer required by this Agreement. (c) All premiums with respect to the insurance required by Section 4 hereof shall be paid by the Company; provided, however, that, if the premiums are not timely paid, the Agency may pay such premiums and the Company shall pay immediately upon demand all sums so expended by the Agency, together with interest thereon at a per annum rate of interest of eight percent (8%), or the maximum rate of interest permitted by law, whichever is less.

Appears in 1 contract

Samples: Agent Agreement

Additional Provisions Respecting Insurance. (a) All insurance required by Section 4(a) 10 hereof shall name the Agency as a named insured and all other insurance required by Section 4 shall name the Agency as an additional insured, as its interest may appear, on a primary and non-contributory basis. All insurance shall be procured and maintained in financially sound and generally recognized responsible insurance companies selected by the Company and authorized to write such insurance in the State. Such insurance may be written with commercially reasonably deductible amounts comparable to those on similar policies carried by other companies engaged in businesses similar in size, character and other respects to those in which the Company is engaged. All policies evidencing such insurance shall provide for (i) payment of the losses of the Company and the Agency as their respective interest interests may appear, and (ii) at lease least thirty (30) days prior written notice of the cancellation thereof to the Company and the Agency, except in the event of non-payment, in which at least ten (10) days prior written notice of the cancellation shall be delivered to the Company and the Agency. All insurance requirements in Section 10 may be satisfied by blanket policies subject to the reasonable approval by the Agency; provided, however, that approval or acceptance by a commercial lender (if any) in connection with the financing of the Project shall not require approval by the Agency. All or some of Section 10 insurance requirements may be satisfied by an Owner Controlled Insurance Program (“OCIP”) subject to approval by the Agency; provided, however, that approval or acceptance by a commercial lender in connection with the financing of the Project shall not require approval by the Agency. (b) All such policies of insurance, or a certificate or certificates of the insurers insurance that such insurance is in force and effect, shall be deposited with the Agency on the date hereof hereof. Prior to expiration of any such policy, the Company shall furnish evidence to the Agency evidence that the policy has been renewed or replaced or is no longer required by this Agreement. (c) All premiums with respect to the insurance required by Section 4 hereof shall be paid by the Company; provided, however, that, if the premiums are not timely paid, the Agency may pay such premiums and the Company shall pay immediately upon demand all sums so expended by the Agency, together with interest thereon at a per annum rate of interest of eight percent (8%), or the maximum rate of interest permitted by law, whichever is less.

Appears in 1 contract

Samples: Project Agreement

Additional Provisions Respecting Insurance. (a) All insurance required by Section 4(a) 6.3 hereof shall name the Agency as a named insured and all other insurance required by Section 4 shall name the Agency as an additional insured. All insurance shall be procured and maintained in financially sound and generally recognized responsible insurance companies selected by the Company Borrower and authorized to write such insurance in the StateState and of the type and scope of coverage and in the amounts of coverage as required hereunder. Such insurance may be written with deductible amounts comparable to those on similar policies carried by other companies engaged in businesses similar in size, character and other respects to those in which the Company Borrower is engaged. All policies evidencing such insurance shall provide for (i) payment of the losses of to the Company Borrower and the Agency Issuer as their respective interest interests may appear, and (ii) at lease least thirty (30) 30 days prior written notice of the cancellation thereof to the Company Borrower and the AgencyIssuer and (iii) shall comply with Paragraph 9 of the Mortgage. The policies required by Section 6.3 (a) hereof shall contain standard mortgagee clauses requiring that all Net Proceeds of insurance resulting from any claim in excess of $250,000.00 for loss or damage covered thereby be directly paid to the Issuer. (b) All such policies of insurance, or a certificate or certificates of the insurers that such insurance is in force and effect, shall be deposited with the Agency Issuer on or before the Closing Date. The Borrower shall deliver to the Issuer on or before the renewal date hereof of each such policy, each year thereafter a certificate reciting that there is in full force and effect, with a term covering at least the next succeeding year, insurance in the amounts and of the types required by Section 6.3 and 6.4 hereof. Prior to expiration of any such policy, the Company Borrower shall furnish the Agency issuer evidence that the policy has been renewed or replaced or is no longer required by this Agreement. (c) All premiums with respect to the insurance required by Section 4 hereof shall be paid by the Company; provided, however, that, if the premiums are not timely paid, the Agency may pay such premiums and the Company shall pay immediately upon demand all sums so expended by the Agency, together with interest thereon at a per annum rate of interest of eight percent (8%), or the maximum rate of interest permitted by law, whichever is less.

Appears in 1 contract

Samples: Loan Agreement (Fogelman Mortgage L P I)

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Additional Provisions Respecting Insurance. (a) All insurance required by Section 4(a) 10 hereof shall name the Agency as a named insured and all other insurance required by Section 4 shall name the Agency as an additional insured, as its interest may appear, on a primary and non-contributory basis. All insurance shall be procured and maintained in financially sound and generally recognized responsible insurance companies selected by the Company and authorized to write such insurance in the State. Such insurance may be written with commercially reasonably deductible amounts comparable to those on similar policies carried by other companies engaged in businesses similar in size, character and other respects to those in which the Company is engaged. All policies evidencing such insurance shall provide for (i) payment of the losses of the Company and the Agency as their respective interest may appear, and (ii) at lease least thirty (30) days prior written notice of the cancellation thereof to the Company and the Agency, except in the event of non-payment, in which at least ten (10) days prior written notice of the cancellation shall be delivered to the Company and the Agency. All insurance requirements in Section 10 may be satisfied by blanket policies subject to the reasonable approval by the Agency; provided, however, that approval or acceptance by a commercial lender (if any) in connection with the financing of the Project shall not require approval by the Agency. All or some of Section 10 insurance requirements may be satisfied by an Owner Controlled Insurance Program (“OCIP”) subject to approval by the Agency; provided, however, that approval or acceptance by a commercial lender in connection with the financing of the Project shall not require approval by the Agency. (b) All such policies of insurance, or a certificate or certificates of the insurers insurance that such insurance is in force and effect, shall be deposited with the Agency on the date hereof hereof. Prior to expiration of any such policy, the Company shall furnish evidence to the Agency evidence that the policy has been renewed or replaced or is no longer required by this Agreement. (c) All premiums with respect to the insurance required by Section 4 hereof shall be paid by the Company; provided, however, that, if the premiums are not timely paid, the Agency may pay such premiums and the Company shall pay immediately upon demand all sums so expended by the Agency, together with interest thereon at a per annum rate of interest of eight percent (8%), or the maximum rate of interest permitted by law, whichever is less.

Appears in 1 contract

Samples: Project Agreement

Additional Provisions Respecting Insurance. (a) All insurance required by in Section 4(a) hereof shall name the Agency as a named insured and all other insurance required by Section 4 shall name the Agency as an additional insured. All insurance 6.4 shall be procured taken out and maintained in financially sound and generally recognized responsible insurance companies selected by the Company and authorized to write such (including any insurance in company owned or controlled by the State. Such insurance may be written with deductible amounts comparable to those on similar policies carried by other companies engaged in businesses similar in size, character and other respects to those in which the Company is engagedGuarantor). All policies evidencing such insurance shall provide for (i) payment of the losses of for coverage required by Sections 6.4(a) and (b) to the County, the Company and the Agency Trustee as their respective interest interests may appear, and (iithe policies required by Section 6.4(a) at lease thirty (30) days prior written notice of the cancellation thereof to the Company and the Agency. (b) shall contain standard mortgage clauses requiring that so long as any of the Bonds are outstanding all Net Proceeds of insurance resulting from any claim for loss or damage covered thereby be paid to the Trustee if the amount of Net Proceeds when added to any applicable deductible amount relating to said claim exceeds $100,000; provided, however, that all claims regardless of amount may be adjusted by the Company with the insurers, subject to approval of the Trustee, which approval shall not be unreasonably withheld, as to settlement of any claim which is in an amount which would require payment to the Trustee as aforesaid. The insurance hereby required may be contained in blanket policies now or hereafter maintained by the Company. All such policies of insurancepolicies, or a certificate or certificates of the insurers that such insurance is in force and effect, shall be deposited with the Agency on Trustee and shall contain a provision that such policy may not be cancelled unless the date hereof Prior Trustee is notified at least ten (10) days prior to cancellation; and at least ten (10) days prior to expiration of any such policy, the Company shall furnish the Agency Trustee with evidence satisfactory to the latter that the policy has been renewed or replaced or is no longer required by this Agreementhereby. (c) All premiums with respect to the insurance required by Section 4 hereof shall be paid by the Company; provided, however, that, if the premiums are not timely paid, the Agency may pay such premiums and the Company shall pay immediately upon demand all sums so expended by the Agency, together with interest thereon at a per annum rate of interest of eight percent (8%), or the maximum rate of interest permitted by law, whichever is less.

Appears in 1 contract

Samples: Mortgage and Indenture of Trust (Toms Foods Inc)

Additional Provisions Respecting Insurance. (a) All insurance required by Section 4(a) hereof shall name the Agency as a named insured and all other insurance required by Section 4 other than insurance required by Section 4(b) shall name the Agency as an additional insured. All insurance shall be procured and maintained in financially sound and generally recognized responsible insurance companies selected by the Company and reasonably acceptable to the Agency and authorized to write such insurance in the State. Such insurance may be written with deductible amounts comparable to those on similar policies carried by other companies engaged in businesses similar in size, character and other respects to those in which the Company is engaged. All policies evidencing such insurance shall provide for (i) payment of the losses of the Company and the Agency as their respective interest may appear, and (ii) at lease thirty (30) days prior written notice of the cancellation thereof to the Company and the Agency. (b) All such policies of insurance, or a certificate or certificates of the insurers that such insurance is in force and effect, shall be deposited with the Agency on the date hereof hereof. Prior to expiration of any such policy, the Company shall furnish the Agency evidence that the policy has been renewed or replaced or is no longer required by this Agreement. (c) All premiums with respect to the insurance required by Section 4 hereof shall be paid by the Company; provided, however, that, if the premiums are not timely paid, the Agency may pay such premiums and the Company shall pay immediately upon demand all sums so expended by the Agency, together with interest thereon at a per annum rate of interest of eight percent (8%), or the maximum rate of interest permitted by law, whichever is less.

Appears in 1 contract

Samples: Agent Agreement

Additional Provisions Respecting Insurance. (a) All insurance required by Section 4(a) 3.4 hereof shall name the Agency as a named insured and all other insurance required by Section 4 shall name the Agency as an additional insured. All If Company elects to self- insure: At the Company's election, exercised from time to time, the Company may self insure with respect to the insurance required by Sections 3.4(b) and (c). Except to the extent the Company elects from time to time to self-insure, as provided in the preceding sentence, all insurance shall be procured and maintained in financially sound and generally recognized responsible insurance companies selected by the Company and authorized to write such insurance in the State. Such insurance may be written with deductible amounts comparable to those on similar policies carried by other companies engaged in businesses similar in size, character and other respects to those in which the Company is engaged. All policies evidencing such insurance shall provide for (i) payment of the losses of the Company and the Agency as their respective interest interests may appear, and (ii) at lease least thirty (30) days prior days' written notice of the cancellation thereof to the Company and the Agency. (b) All such policies certificates of insurance, or a certificate or certificates insurance of the insurers that such insurance is in force and effect, shall be deposited with the Agency on or before the date hereof commencement of the term of this Leaseback Agreement. Prior to expiration of any such policythe policy evidenced by said certificates, the Company shall furnish the Agency evidence that the policy has been renewed or replaced or is no longer required by this Leaseback Agreement. (c) All premiums Within one hundred twenty (120) days after the end of each of its fiscal years, the Company shall file with the Agency a certificate of the Company to the effect that the insurance it maintains with respect to the insurance required by Section 4 hereof shall be paid by Project complies with the Company; provided, however, that, if the premiums are not timely paid, provisions of this Article III and that duplicate copies of all policies or certificates thereof have been filed with the Agency may pay such premiums and the Company shall pay immediately upon demand all sums so expended by the Agency, together with interest thereon at a per annum rate of interest of eight percent (8%), or the maximum rate of interest permitted by law, whichever is lessare in full force and effect.

Appears in 1 contract

Samples: Leaseback Agreement

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