Common use of Adjustment of Coverage Clause in Contracts

Adjustment of Coverage. In the event that either party shall at any time deem the limits of the bodily injury or property damage 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 subsection, but, if the parties shall be unable to agree thereon, the proper and reasonable limits for such insurance to be carried shall be determined by having each party designate an impartial person to agree on such coverage; and in the event those designees are unable to agree, they shall select a second imperial selector to resolve any such impasse on application by either party made after twenty (20) 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 be again be changed pursuant to the provisions of this subsection. The expense of such determination shall be borne equally by the parties.

Appears in 1 contract

Samples: Lease (Merchants & Manufacturers Bancorporation Inc)

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Adjustment of Coverage. In the event that either party Party shall at any time deem the limits of the bodily 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 subsection, but, section; 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 a selection, by an impartial third person chosen by the event those designees are unable to agreeinsurance carrier carrying the greatest percentage of liability insurance on the Premises, they shall select a second imperial selector to resolve any such impasse or its successors on application by either party Party made after twenty thirty (2030) 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 subsectionsection. The expense expenses of such determination shall be borne equally by the partiesParties.

Appears in 1 contract

Samples: Ground Lease (OCM HoldCo, LLC)

Adjustment of Coverage. In the event that either party Party shall at any time deem the limits of the bodily 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 subsectionsection; provided, buthowever, 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 person third Person selected by the Parties or should they be unable to agree on such coverage; and in a selection, by an impartial third Person chosen by the event those designees are unable to agreeinsurance carrier carrying the greatest percentage of liability insurance on the Premises, they shall select a second imperial selector to resolve any such impasse or its successors, on application by either party Party made after twenty thirty (2030) 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 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 subsectionsection. The expense expenses of such determination shall be borne equally by the partiesParties.

Appears in 1 contract

Samples: Lease Agreement (OCM HoldCo, LLC)

Adjustment of Coverage. In the event that either party shall at any time deem the limits of the bodily injury or property damage 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 subsection, but, if the parties shall be unable to agree thereon, the proper and reasonable limits for such insurance to be carried shall be determined by having each party designate an impartial person to agree on such coverage; and in the event those designees are unable to agree, they shall select a second imperial selector to resolve any such impasse on application by either party made after twenty (20) 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 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 be again be changed pursuant to the provisions of this subsection. The expense of such determination shall be borne equally by the parties.

Appears in 1 contract

Samples: Lease (Merchants & Manufacturers Bancorporation Inc)

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Adjustment of Coverage. In the event that either party shall at any time ---------------------- deem the limits of the bodily 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 subsectionsection, 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 having each party designate an impartial third person selected by the parties, or should they be unable to agree on such coverage; and in a selection, by an impartial third person chosen by the event those designees are unable to agree, they shall select a second imperial selector to resolve any such impasse on application by either party made after twenty (20) days' written notice to Commissioner of Insurance for the other party of the time and place of such applicationVirgin Islands or his 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 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 subsectionsection. The expense expenses of such determination shall be borne equally by the parties.

Appears in 1 contract

Samples: Agreement (Cost U Less Inc)

Adjustment of Coverage. In the event that either party Party shall at any time deem the limits of the bodily 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 subsection, but, section; 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 a selection, by an impartial third person chosen by the event those designees are unable to agreeinsurance carrier carrying the greatest percentage of liability insurance on the Premises, they shall select a second imperial selector to resolve any such impasse or its successors on application by either party Party made after twenty thirty (2030) 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 subsectionSection 11.1. The expense expenses of such determination shall be borne equally by the partiesParties.

Appears in 1 contract

Samples: Lease Agreement (Boyd Gaming Corp)

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