Buyer’s Insurance. Buyer shall ensure that insurances are procured and maintained for each LNG Tanker in accordance with the following provisions. In all cases, such insurance shall establish insurance coverages consistent with insurances to the standards which a ship owner operating reputable LNG vessels, as a Reasonable and Prudent Operator, should observe in insuring LNG vessels of similar type, size, age and trade as such LNG Tanker. In this regard:
(a) Hull and Machinery Insurance shall be placed and maintained with reputable marine underwriters; and
(b) Protection & Indemnity Insurance (“P&I Insurance”) shall be placed and maintained with fxxx X&X indemnity cover in the ordinary course from a P&I Club, and such LNG Tanker shall be entered for insurance with a P&I Club, including pollution liability standard for LNG vessel and Certificate of Financial Responsibility.
Buyer’s Insurance. (i) If Buyer procures property damage insurance applicable to occurrences at the Site and third party non-nuclear liability insurance, or either of such types of insurance, such insurance will name Siemens and its subcontractors as additional insureds.
(ii) Buyer shall have at its own cost, prior to the arrival of nuclear fuel at the Site, secured and shall thereafter maintain in force protection against liability arising out of or resulting from a Nuclear Incident (as defined in the Atomic Energy Act of 1954, as amended) as required by the Nuclear Regulatory Commission; provided, however, that if the nuclear liability protection system in effect on the date of the Agreement expires or is repealed, changed, or modified, Buyer will, without cost to Siemens, maintain liability protection through government indemnity, limitation of liability, and/or liability insurance which will not result in a material impairment of the protection afforded Siemens and its subcontractors by such nuclear liability protection system which is in effect as of the date of the Agreement, taking into account the availability of insurance, customary practice in the industry for plants of similar size and character, and other relevant factors in light of then existing conditions. In any event, the protection provided pursuant to this Article shall remain in effect until the decommissioning of the nuclear plant.
Buyer’s Insurance.
(a) Owner shall procure at its own expense and maintain in full force and effect during the life of this Contract, with responsible insurance companies authorized to do business in the State of Utah, the types and limits of insurance as set forth below. Such companies shall have an A.M. Best Insurance Reports rating of A-:VII or better. Buyer, at its own cost, may purchase any additional insurance it believes necessary to protect its interests.
(b) Builder’s All-Risk Insurance. Effective the earlier of 1) the point of groundbreaking at the Site or 2) the date of the first shipment of any Material, Equipment, supplies or other elements of the Work, Buyer shall obtain and thereafter at all times during performance of the Work, maintain Builder’s All-Risk Insurance. Coverage shall remain in effect until replaced by permanent property insurance which will be placed by Buyer upon Final Completion. Such Builder’s All-Risk Insurance shall insure as an insured, Seller, Contractor, their respective affiliates and Subcontractors of any tier, Buyer and its affiliates, and shall cover all property in the course of construction, including the Work, Materials and Equipment, miscellaneous equipment and furnishings (other than equipment covered under Seller’s or Contractor’s equipment floater), from physical loss or damage caused by perils covered by a Builder’s All-Risk form or equivalent coverage. Such insurance shall include mechanical and electrical breakdown coverage during start-up and testing, and other operations of the Project prior to Final Completion. The limit of liability shall be the full replacement cost of the Work including primary cost of equipment plus freight. The required deductible for all such insurance shall not exceed Two Hundred Fifty Thousand Dollars ($250,000), except as noted below, and except during the Performance Testing, when the applicable deductibles shall be $500,000 per occurrence, or in the case of turbine/generator units $1,000,000 per occurrence. The Builder’s All-Risk coverage shall not contain an exclusion for resultant damage caused by faulty workmanship, design or materials. Buyer and Seller agree, and Seller shall require Contractor and all Subcontractors to agree, to waive all rights of recovery against each other for damages caused by fire and/or other perils to the extent covered by the “All Risk” policy.
(c) The following additional coverages shall be provided:
(i) Flood coverage with a sublimit of $25,000,000 per occurre...
Buyer’s Insurance. Commencing on the date of this Agreement and at all times thereafter throughout the Term of this Agreement, Buyer shall maintain, at is sole cost and expense, comprehensive general public liability (including contractual) insurance, in an amount not less than $10,000,000, with respect to any liability, losses, damages, expenses, claims, actions, judgments and settlement for any personal injury, death or property or economic loss occurring in Buyer's Facilities (exclusive of the Thermal Energy Production Facilities) or surrounding premises and arising out of or incident to the operation, maintenance, repair, construction, replacement or modification of Buyer's Facilities (exclusive of the Thermal Energy Production Facilities).
Buyer’s Insurance. Within five (5) business days after the date of execution of this Agreement, Buyer will deliver to Seller a schedule that lists Buyer's policies and contracts in effect as of the date hereof for casualty and property insurance covering its assets and properties and the operation of its business, together with the risks insured against, coverage limits and deductible amounts.
Buyer’s Insurance. From and after the Closing and at all times until the Recap Co Sub Notes have been paid in full and Seller Parent and/or its Affiliates cease to beneficially own any shares of Recap Co Common Stock, Buyer shall cause Recap Co and the Recap Subsidiaries to procure and maintain in full force and effect insurance coverage in such amounts, covering such risks and liabilities and with such deductibles or self-insured retentions as is the normal industry practice for businesses of similar size operating in similar industries and markets and with similar financial conditions, including without limitation, Directors and Officers Liability Insurance with annual limits in an amount not less than $10,000,000 per occurrence and in aggregate.
Buyer’s Insurance. Buyer shall use reasonable efforts to cause its lessee's aircraft hull and hull war insurers to waive all rights of subrogation against Seller, and its divisions, subsidiaries, affiliates, the assignees, subcontractors, and their respective officers, employees and agents. Until the earlier of two (2) years from the Delivery Date or until the next sequential Heavy Maintenance Visit (as defined in the Lease) is performed on the Aircraft after the date of Delivery (the "Insurable Period"), Buyer will, at no cost to Seller, cause to be maintained with a reputable insurer in a leading US or European insurance market, or otherwise re-insured in a leading US or European market, aircraft liability insurance in available limits of not less than: (i) Seven Hundred Fifty Million Dollars (US$750,000,000.00); or (ii) such lesser amount as required in the Lease on the date hereof, any one occurrence; provided that for any period of time during which the Aircraft is in a storage program and not being flown, Seller shall only require Buyer to cause to be maintained $250,000,000 of such aircraft liability insurance Such insurance shall include third party legal liability including passenger liability, liability war and allied perils, property damage liability (including cargo, baggage (checked and unchecked) and mail liability) premises liability and products liability and shall be in form and substance reasonably satisfactory to Seller. Buyer covenants that any insurance policies carried in accordance with this Article and any policies taken out in substitution or replacement for any of such policies shall: (a) be endorsed to name Seller and its affiliates, subsidiaries, successors, assigns, subcontractors, and their respective directors, officers, agents, and employees as additional insured (hereinafter each an "Additional Insured" and collectively the "Additional Insureds"); (b) provide that in respect of the interests of any Additional Insured in such policies, the insurance shall not be invalidated by any act or omission (including misrepresentation and non-disclosure) of Buyer or any other person (other than, as to any Additional Insured, any misrepresentation or non-disclosure of such Additional Insured) which results in a breach of any term, condition or warranty of such policies provided that the Additional Insured so protected has not caused, contributed to or knowingly condoned the said act or omission; (c) provide that none of the Additional Insureds shall have...
Buyer’s Insurance. Buyer shall provide Seller with certificates evidencing the commercial general liability insurance policies which shall be maintained by Buyer and each consultant which Buyer will have present on the Property in connection with its investigations upon the Property prior to the date of entry upon the Property, with the limits, coverage and insurer under such policies being satisfactory to Seller in its sole discretion. Without limitation on the foregoing, Buyer must maintain (i) commercial general liability insurance, in an amount not less than $2,000,000 combined limits for any injuries, deaths or property damage sustained as a result of any one accident or occurrence, (ii) worker’s compensation insurance at statutory limits, and (iii) employer’s liability insurance in an amount not less than $2,000,000 for each accident, disease per employee and disease policy limit. The commercial general liability insurance shall name each of Seller, its constituent partners, members and agents (including any property manager and lender of Seller) as an additional insured. Any representative of Buyer which conducts environmental inspections of the Property shall also provide evidence of environmental liability insurance of not less than $2,000,000. In addition, Buyer and Buyer’s representatives waive any claims against Seller and Seller’s partners, members, employees, representatives and agents for any injury to persons or damage to property arising out of any inspections or physical testing of the Property, including any damage to the tools and equipment of Buyer and Buyer’s representatives, all of which shall be brought on the Property at the sole risk and responsibility of Buyer and Buyer’s representatives. Upon the completion of any inspection or test, Buyer shall promptly restore the Property to its condition prior to such inspection or test. Buyer shall keep the Property free and clear of any liens and Buyer shall save, indemnify, protect, defend, and hold Seller, its constituent partners, members, directors, shareholders, fiduciaries, officers, employees, agents, tenants, independent contractors, any lender and property manager of Seller and such other parties in interest as Seller may require, harmless from and against all claims (including any claim for damage to property or injury to or death of any persons), liabilities, obligations, liens or encumbrances, losses, damages, costs or expenses, including reasonable attorney’s fees, whether or not legal proceedin...
Buyer’s Insurance. During the performance of work under this Contract, Buyer shall at its sole cost and expense carry and maintain at all times:
1. Comprehensive General Liability Insurance, including contractual liability coverage, against bodily injury, death and property damage, with liability limits of not less than One Million Dollars ($1,000,000) combined single limit. Said coverage shall be written on an occurrence based insurance form.
2. Workmen’s Compensation Coverage, including employer’s liability coverage for bodily injury or death, for the maximum recovery allowed by the laws of the state in which the work is performed. [****] Confidential Treatment
3. Longshoremen’s and Harbor Worker’s Compensation Act coverage in an amount sufficient to cover Buyer’s liability under this Contract.
4. Excess coverage bringing the aforesaid liability coverages to not less than Twenty-Five Million ($25,000,000) per occurrence, which coverage shall apply to each of the above items individually and in the aggregate. Builder shall to be named as additional assured only to the extent of the indemnity agreement contained herein. With the exception of Worker’s Compensation and Lxxxxxxxx coverage, all such policies shall be endorsed to waive subrogation against Builder Group, as defined in Article XXII below, and shall name Builder as an additional insured to the extent of risks expressly assumed by Buyer under this Contract. Deductible amounts under such insurance policies shall be for the account of Buyer. Certificates evidencing the above insurance policy shall be furnished to Builder prior to commencement of work hereunder. The above required insurance represents minimum acceptable insurance coverage and such shall not limit nor amend the contractual indemnity obligations hereunder. Such policies shall not be canceled, materially altered or amended without thirty (30) days prior written notice having been furnished to Builder. All policies of insurance (except Worker’s Compensation and Employer’s Liability) shall be endorsed to provide that all such insurances are primary and non-contributing with any other insurance maintained by any member of Builder Group to the extent of the risks expressly assumed by Buyer under this Contract.
Buyer’s Insurance. Buyer shall obtain and maintain appropriate general liability insurance covering the Purchased Assets and all non-clinical aspects of the Business.