Baxter Insurance. (a) Baxter shall, until expiration of the last batch of CoSeal Unit sold under the Distribution and License Agreement, or of Product or CoSeal Unit manufactured hereunder, by Baxter, its Affiliates and sublicensees, obtain and maintain at its own cost and expense, any combination of insurance or self-insurance, at Xxxxxx’x sole discretion, for its commercial liability, including, but not limited to, product liability and contractual liability insurance, with respect to its activities hereunder.
(b) Such insurance or self-insurance shall be in such amounts and subject to such deductibles as the Parties may agree based upon standards prevailing in the industry at the time, but under no circumstances shall be less than: (i) [***] per occurrence for damage, injury and/or death to persons prior to Regulatory Authority approval of a CoSeal Unit; (ii) [***] per occurrence for damage, injury and/or death to persons after Regulatory Authority approval of a CoSeal Unit; or [***] per occurrence for damage/or injury to property. Such insurance or self-insurance shall be written to cover claims incurred, discovered, manifested, or made in connection with clinical development and commercial sale of CoSeal Units in the Territory. Upon written request of AAC, Baxter shall provide to AAC copies of its Certificates of Insurance.
Baxter Insurance. BAXTER is, and shall during the Term of this Agreement remain, self-insured under the global self-insurance plan of Xxxxxx Healthcare Corporation and its Affiliates for the type of liability that could arise under Section 14.2 of this Agreement.
Baxter Insurance. Baxter and its parent organization, Bxxxxx International Inc., is, and shall during the Term of this Agreement remain, self-insured for the type of liability that could arise under Section 14.2 of this Agreement.
Baxter Insurance. In the event that the net worth of Baxter shall at any time be reduced to less than $2 billion U.S., Baxter shall, at its own expense, establish and at all times that such net worth is not maintained until three (3) years after the last delivery of a System under this Agreement maintain products liability insurance in an amount not less than $5,000,000 each occurrence combined single limit bodily injury and property damage, provided that such insurance is available on commercially reasonable terms. The insurance policy shall be endorsed to name Cerus as an additional insured and to provide for written notification to Cerus by the insurer not less than thirty (30) days prior to cancellation, non-renewal or material change. A certificate of insurance evidencing compliance with this section and referencing this Agreement shall be furnished to Cerus by Baxter within ten (10) days of the date that Baxter becomes obligated to establish such insurance.
Baxter Insurance. Baxter shall procure and maintain, during the Term of this Agreement Commercial General Liability Insurance, including, Product Liability. The Successor Insurance shall cover amounts not less than three million dollars combined single limit. Baxter retains the right to insure or self insure in any combination at its sole discretion the above coverages.
Baxter Insurance. Baxter is, and will during the Term of this Agreement remain, self-insured for the type of liability that could arise under this Agreement.
Baxter Insurance. BAXTER is, and shall during the Term of this Agreement remain, self-insured for liabilities typically covered by Commercial General Liability policies, including contractual liability and liability related to bodily injury and property damage, in connection with the performance of its duties hereunder.
Baxter Insurance. 43 18. INFRINGEMENT........................................................................ 43 18.1 Defense Of Third Party Infringement Suits....................................
Baxter Insurance. During the Term, Baxter shall procure and ---------------- maintain, through self-insurance or a combination of self-insurance and commercially placed insurance, comprehensive general liability insurance covering each occurrence of bodily injury and property damage in the amount of not less than Ten Million Dollars ($10,000,000) combined single limit including coverage for product and completed operations, blanket contractual liability and vendor's liability. Baxter shall, within sixty (60) days of the date of this Agreement, furnish a certificate of insurance to Nexell evidencing the foregoing coverages and limits and thereafter shall give at least thirty (30) days prior notice to Nexell of any termination, expiration without renewal, or material change to such insurance, coverage or limits.
Baxter Insurance. (a) Baxter shall, until expiration of the last batch of CoSeal Unit sold under the Distribution and License Agreement, or of Product or CoSeal Unit manufactured hereunder, by Baxter, its Affiliates and sublicensees, obtain and maintain at its own cost and expense, any combination of insurance or self-insurance, at Xxxxxx’x sole discretion, for its commercial liability, including, but not limited to, product liability and contractual liability insurance, with respect to its activities hereunder.
(b) Such insurance or self-insurance shall be in such amounts and subject to such deductibles as the Parties may agree based upon standards prevailing in the industry at the time, but under no circumstances shall be less than: (i) Four Million Dollars ($4,000,000) per occurrence for damage, injury and/or death to persons prior to Regulatory Authority approval of a CoSeal Unit; (ii) Ten Million Dollars ($10,000,000) per occurrence for damage, injury and/or death to persons after Regulatory Authority approval of a CoSeal Unit; or One Million Dollars ($1,000,000) per occurrence for damage/or injury to property. Such insurance or self-insurance shall be written to cover claims incurred, discovered, manifested, or made in connection with clinical development and commercial sale of CoSeal Units in the Territory. Upon written request of AAC, Baxter shall provide to AAC copies of its Certificates of Insurance.
