Adjustment of Coverage. In the event that either Party shall at any time deem the limits of the personal injury or property damage public liability insurance then carried to be either excessive or insufficient, the Parties shall endeavor to agree on the proper and reasonable limits for such insurance then to be carried and such insurance shall thereafter be carried with the limits thus agreed on until further change pursuant to the provisions of this section; but if the Parties shall be unable to agree thereon, the proper and reasonable limits for such insurance then to be carried shall be determined by an impartial third person selected by the Parties or should they be unable to agree on a selection, by an impartial third person chosen by the insurance carrier carrying the greatest percentage of liability insurance on the Premises, or its successors on application by either Party made after thirty (30) days written notice to the other Party of the time and place of such application, and the decision of such impartial third person as to the proper and reasonable limits for such insurance then to be carried shall be binding on the Parties, and such insurance shall be carried with the limits as thus determined until such limits shall again be changed pursuant to the provisions of this Section 11.1. The expenses of such determination shall be borne equally by the Parties.
Appears in 1 contract
Samples: Lease Agreement (Boyd Gaming Corp)
Adjustment of Coverage. In the event that either Party party shall at any time deem the limits of the personal bodily injury or property damage public liability insurance then carried to be either excessive or insufficient, the Parties parties shall endeavor to agree on the proper and reasonable limits for such insurance then to be carried and such insurance shall thereafter be carried with the limits thus agreed on until further change pursuant to the provisions of this section; but subsection, but, if the Parties parties shall be unable to agree thereon, the proper and reasonable limits for such insurance then to be carried shall be determined by having each party designate an impartial third person selected by the Parties or should they be unable to agree on such coverage; and in the event those designees are unable to agree, they shall select a selection, by an impartial third person chosen by the insurance carrier carrying the greatest percentage of liability insurance on the Premises, or its successors second imperial selector to resolve any such impasse on application by either Party party made after thirty twenty (3020) days days' written notice to the other Party party of the time and place of such application, and the decision of such impartial third person as to the proper and reasonable limits for such insurance then to be carried shall be binding on the Parties, parties and such insurance shall be carried with the limits as thus determined until such limits shall be again be changed pursuant to the provisions of this Section 11.1subsection. The expenses expense of such determination shall be borne equally by the Partiesparties.
Appears in 1 contract
Samples: Lease (Merchants & Manufacturers Bancorporation Inc)
Adjustment of Coverage. In the event that either Party party shall at any time ---------------------- deem the limits of the personal injury or property damage public liability insurance then carried to be either excessive or insufficient, the Parties parties shall endeavor to agree on the proper and reasonable limits for such insurance then to be carried and such insurance shall thereafter be carried with the limits thus agreed on until further change pursuant to the provisions of this section; but , but, if the Parties parties shall be unable to agree thereon, the proper and reasonable limits for such insurance then to be carried shall be determined by an impartial third person selected by the Parties parties, or should they be unable to agree on a selection, by an impartial third person chosen by the insurance carrier carrying Commissioner of Insurance for the greatest percentage of liability insurance on the Premises, Virgin Islands or its successors on application by either Party made after thirty (30) days written notice to the other Party of the time and place of such applicationhis successor, and the decision of such impartial third person as to the proper and reasonable limits for such insurance then to be carried shall be binding on the Parties, parties and such insurance shall be carried with the limits as thus determined until such limits shall again be changed pursuant to the provisions of this Section 11.1section. The expenses of such determination shall be borne equally by the Partiesparties.
Appears in 1 contract
Samples: Agreement (Cost U Less Inc)
Adjustment of Coverage. In the event that either Party shall at any time deem the limits of the personal injury or property damage public liability insurance then carried to be either excessive or insufficient, the Parties shall endeavor to agree on the proper and reasonable limits for such insurance then to be carried and such insurance shall thereafter be carried with the limits thus agreed on until further change pursuant to the provisions of this section; but provided, however, if the Parties shall be unable to agree thereon, the proper and reasonable limits for such insurance then to be carried shall be determined by an impartial third person Person selected by the Parties or should they be unable to agree on a selection, by an impartial third person Person chosen by the insurance carrier carrying the greatest percentage of liability insurance on the Premises, or its successors successors, on application by either Party made after thirty (30) days written notice to the other Party of the time and place of such application, and the decision of such impartial third person Person as to the proper and reasonable limits for such insurance then to be carried shall be binding on the Parties, and such insurance shall be carried with the limits as thus determined until such limits shall again be changed pursuant to the provisions of this Section 11.1section. The expenses of such determination shall be borne equally by the Parties.
Appears in 1 contract
Samples: Lease Agreement (OCM HoldCo, LLC)
Adjustment of Coverage. In the event that either Party party shall at any time deem the limits of the personal bodily injury or property damage public liability insurance then carried to be either excessive or insufficient, the Parties parties shall endeavor to agree on the proper and reasonable limits for such insurance then to be carried and such insurance shall thereafter be carried with the limits thus agreed on until further change pursuant to the provisions of this section; but subsection, but, if the Parties parties shall be unable to agree thereon, the proper and reasonable limits for such insurance then to be carried shall be determined by having each party designate an impartial third person selected by the Parties or should they be unable to agree on such coverage; and in the event those designees are unable to agree, they shall select a selection, by an impartial third person chosen by the insurance carrier carrying the greatest percentage of liability insurance on the Premises, or its successors second imperial selector to resolve any such impasse on application by either Party party made after thirty twenty (3020) days days' written notice to the other Party party of the time and place of such application, and the decision of such impartial third person as to the proper and reasonable limits for such insurance then to then-to-be carried shall be binding on the Parties, parties and such insurance shall be carried with the limits as thus determined until such limits shall be again be changed pursuant to the provisions of this Section 11.1subsection. The expenses expense of such determination shall be borne equally by the Partiesparties.
Appears in 1 contract
Samples: Lease (Merchants & Manufacturers Bancorporation Inc)
Adjustment of Coverage. In the event that either Party shall at any time deem the limits of the personal injury or property damage public liability insurance then carried to be either excessive or insufficient, the Parties shall endeavor to agree on the proper and reasonable limits for such insurance then to be carried and such insurance shall thereafter be carried with the limits thus agreed on until further change pursuant to the provisions of this section; but if the Parties shall be unable to agree thereon, the proper and reasonable limits for such insurance then to be carried shall be determined by an impartial third person selected by the Parties or should they be unable to agree on a selection, by an impartial third person chosen by the insurance carrier carrying the greatest percentage of liability insurance on the Premises, or its successors on application by either Party made after thirty (30) days written notice to the other Party of the time and place of such application, and the decision of such impartial third person as to the proper and reasonable limits for such insurance then to be carried shall be binding on the Parties, and such insurance shall be carried with the limits as thus determined until such limits shall again be changed pursuant to the provisions of this Section 11.1section. The expenses of such determination shall be borne equally by the Parties.
Appears in 1 contract
Samples: Ground Lease (OCM HoldCo, LLC)