Distributor Insurance Clause Samples

Distributor Insurance. Upon obtaining Marketing Authorization for the Product in the Territory and during the entire remaining term of this Agreement and for a period of three (3) years thereafter, Distributor, at its sole expense shall maintain a policy of self-insurance or a policy in full force and effect with an insurance company or companies having A. M. Best Rating of an “A-: Class VII” or better, commercial general liability insurance, including personal injury, blanket contractual liability and broad form property damage, with a five million dollar ($5,000,000) combined single limit per occurrence ** CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND WILL BE FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST. and Product Liability insurance, in the amount of five million dollars ($5,000,000) per each occurrence and in the general aggregate. Within thirty (30) days of obtaining Marketing Authorization for the Product in the Territory, Distributor shall provide to Auxilium a certificate of insurance indicating that such obligations have been satisfied.

Distributor Insurance. Distributor will at its own cost maintain throughout the Term of this Agreement and for a period of not less than three (3) years following its termination or expiration, liability insurance covering the obligations undertaken by Distributor in this Agreement. 9.1.1 Such insurance maintained by Distributor shall, at a minimum, include coverage of the following types and amounts: Commercial General Liability Insurance including contractual liability in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate; Umbrella Insurance in an amount not less than $3,000,000 per occurrence and $3,000,000 general aggregate; and Products/Completed Operations Insurance in an amount not less than $5,000,000 per occurrence and $5,000,000 general aggregate. 9.1.2 Such insurance maintained by Distributor shall name Aptevo as an additional insured. 9.1.3 Distributor shall provide that its insurer will endeavor to mail thirty (30) days’ prior written notice to Distributor and Aptevo should the policy be cancelled before the expiration date thereof. 9.1.4 Distributor shall, on request by Aptevo, provide Aptevo with a certificate of insurance evidencing the insurance it is required to carry under this Section 9.1.

Distributor Insurance. On or prior to the Effective Date, Distributor shall, at its own cost and expense, obtain and thereafter maintain in full force and effect the following insurance during the Term and for a period of not less than two (2) years following termination of this Agreement: (i) Worker’s Compensation and Occupational Disease Insurance with statutory limits and Employer’s Liability coverage with a minimum limit of Five Hundred Thousand Dollars (US$500,000) per occurrence or (if greater) per state requirements; (ii) Automobile Liability Insurance with a single limit of liability per occurrence of Two Million Dollars (US$2,000,000) covering all owned, non-owned and hired vehicles; and (iii) General Liability Insurance including Professional Liability Insurance naming ▇▇▇▇▇▇ Nutrition and its subsidiaries as additional insureds with a minimum limit of Two Million Dollars (US$2,000,000) per occurrence and Ten Million Dollars (US$10,000,000) in aggregate with a recognized insurer rated by A.M. Best “A (IX)” or better.

Distributor Insurance. During the [*], Distributor must maintain the following minimum insurance: i. [*]; ii. [*]; CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24(B)(2) OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. iii. [*]; iv. [*]; and v. [*]. Throughout the Term, Distributor will (1) provide prompt written notice to the Company in the event Distributor becomes aware or is notified that the insurance described in this Section 16(d) will be materially adversely modified or cancelled and (2) provide the Company with proof of such insurance.

Distributor Insurance. Distributor shall, at its own cost and expense, obtain and maintain in full force and effect the following insurance during the term of this Agreement: (a) Commercial and Umbrella / Excess General Liability insurance with per occurrence and general aggregate limits, combined, of not less than $1.000,000 per occurrence and in the aggregate; Distribution Agreement ZO Medical • Int’l Form v. 4.0· Cutera final-2 (b) Products and Completed Operations Liability Insurance with $1,000,000 each claim and general aggregate limits of not less than $5,000,000; (c) Workers' Compensation Insurance with statutory limits for Workers' Compensation to the extent required in the Distributor’s jurisdiction; (d) Distributor shall obtain a waiver from any insurance carrier with whom Distributor carries Workers’ Compensation insurance releasing its subrogation rights against ZO SIGN HEALTH. (e) Distributor shall furnish certificates of insurance for all of the above noted policies as soon as practicable after the Effective Date and upon renewal or replacement of any such policies. Each insurance policy that is required under this Section 15.1 shall be obtained from an insurance carrier with an A.M. Best rating of at least A-.

Distributor Insurance. Distributor will maintain such insurance relating to its performance and liabilities under this Agreement with minimum limits of $1,000,000 for and including Commercial General Liability Insurance (including contractual liability insurance covering all its operations, and providing coverage for liability imposed by the indemnity provisions hereof). Havoc will be a named additional insured (by endorsement) or a loss payee under each policy, as its interest may appear. Each policy will provide an agreement by the insurer that such insurance will not be reduced, canceled or modified on less than 30 days' prior written notice to Havoc. Distributor will provide Havoc with certificates of insurance and a copy of endorsements upon request.