Availability of Insurance. Notwithstanding anything to the contrary in this Article XIII, neither Party will be required to provide any indemnification to the other Party for any suits, actions, damages, claims, costs, losses or liability of whatsoever kind or character if, and to the extent that, insurance proceeds are available therefor.
Availability of Insurance. Notwithstanding anything to the contrary set in this Article IX, the obligation of either party to indemnify any other party for any Claims will be reduced to the extent of any insurance proceeds received by the Indemnified Party with respect to indemnified Claims.
Availability of Insurance. Purchaser(s) may, but are not required, to purchase and keep in effect a policy of insurance that provides casualty coverage equal to or better than the following: coverage for (a) loss due to accidental damage (includes drops and spills); (b) loss due to theft; (c) loss due to fire; (d) loss due to flood; (e) loss due to power surge due to lightning or natural disasters, and (f) loss due to vandalism. Purchaser(s) agrees to provide proof of insurance upon request by Seller.
Availability of Insurance. 1) For those certified staff members who take approved leave during a year, retire, resign, are terminated, or "take days without pay" the following formula will be used to determine the Board of Education's insurance premium liability:
2) Those certified staff who are terminated, resign, or retire effective prior to the end of the school year at their request, will be allowed to continue insurance coverage in the District Plan, at their expense, and with the carrier's consent, for a time not to exceed two
Availability of Insurance. Notwithstanding anything to the contrary in this Article 11, neither Party will be required to provide any indemnification to the other Party for any Losses when and to the extent that insurance proceeds are available therefor.
Availability of Insurance. In the event any insurance (including the limits or deductibles thereof) herein required to be maintained, other than insurance required by law to be maintained shall not be available and commercially feasible on reasonable terms and conditions in the commercial insurance market, each Member, with the advice of an independent insurance consultant, shall not unreasonably withhold its agreement to waive such requirement to the extent the maintenance thereof is not so available; provided, however, that:
1. the Manager shall first request any such waiver in writing, which request shall be accompanied by a letter prepared by an independent insurance advisor or broker of recognized national standing indicating that such insurance is not reasonably available and commercially feasible in the commercial insurance market for electric generating plants of similar type and capacity (and, in any case where the required amount is not so available, certifying as to the maximum amount which is so available) and explaining in detail the basis for such conclusions such insurance advisers and the form and substance of such reports to be reasonably acceptable to the Members;
Availability of Insurance. When assisting the Strata Corporation in obtaining insurance, the Agent shall attempt to obtain such insurance on commercially reasonable terms. The Agent shall not be liable if such insurance is not available at all or if it is not available on commercially reasonable terms and the Strata Council elects not to maintain any or all such insurance;
Availability of Insurance. Both WSII and the Custodians maintain insurance in the event that either party may be liable to you in accordance with this Agreement. You acknowledge that there can be no guarantee that insurance coverage maintained by us or by the Custodians will satisfy any and all claims that may be made in the event of a default under this Agreement or other agreements to which WSII and a Custodian may be bound.
Availability of Insurance. Notwithstanding anything to the contrary contained herein, in the event that any of the insurance required above is not commercially available at commercially reasonable rates to Tenant through insurance brokers located in the Metropolitan Phoenix area, such that it is not reasonably possible for Tenant to provide the exact type(s) or amounts of coverage called for herein, then Landlord and Tenant shall negotiate and modify this Lease as necessary to permit Tenant to obtain and maintain alternative coverages that are commercially available at commercially reasonable rates so long as such alternative coverages approximate as closely as reasonably possible the types and amounts of insurance specified above.
Availability of Insurance. Electrabel shall not be in breach of its obligations under this Clause 16 if and to the extent that the Electrabel Insurances or amount of coverage thereunder ceases to be available on commercially reasonable terms for any reason, provided that the Parties shall discuss the means of best protecting their respective positions in relation to this Agreement and the LTO Units in the absence of such insurances.
