Endorsements and clauses. The Seller shall cause its insurers to waive all rights of subrogation against XxxXxxxx in respect of a claim arising under any of its Project Insurances (except, in so far as the waiver of such rights against the Seller) is concerned in circumstances where the Seller has by its act or omission vitiated the Project Insurances. The Seller shall ensure that the policy for each of its Project Insurances contains a provision: naming XxxXxxxx as additional insured thereunder (other than in respect of loss of revenue related to Project Insurances); that each additional insured shall be separately indemnified in respect of claims by them under the Project Insurances, provided that the liability of the insurer concerned shall not be increased beyond the amount for which the insurer would have been liable for in the absence of such separate indemnity provision; for automatic reinstatement of the sum insured on the basis that the sum insured shall not be reduced by the amount of any claim whether paid or due and payable; and recording that such Project Insurance is primary insurance and shall not be subject to contribution by any other insurance.
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Endorsements and clauses. The Seller shall cause its insurers to waive all rights of subrogation against XxxXxxxx NamPower in respect of a claim arising under any of its Project Insurances (except, in so far as the waiver of such rights against the Seller) is concerned in circumstances where the Seller has by its act or omission vitiated the Project Insurances. The Seller shall ensure that the policy for each of its Project Insurances contains a provision: naming XxxXxxxx NamPower as additional insured thereunder (other than in respect of loss of revenue related to Project Insurances); that each additional insured shall be separately indemnified in respect of claims by them under the Project Insurances, provided that the liability of the insurer concerned shall not be increased beyond the amount for which the insurer would have been liable for in the absence of such separate indemnity provision; for automatic reinstatement of the sum insured on the basis that the sum insured shall not be reduced by the amount of any claim whether paid or due and payable; and recording that such Project Insurance is primary insurance and shall not be subject to contribution by any other insurance.
Appears in 1 contract
Samples: Power Purchase Agreement
Endorsements and clauses. (a) The Seller shall cause its (and the Owner’s, if applicable) insurers to waive all rights of subrogation against XxxXxxxx the Buyer and the Seller (and the Owner, if applicable) in respect of a claim arising under any of its Project Insurances (except, in so far as the waiver of such rights against the SellerSeller (or the Owner, if applicable) is concerned concerned, in circumstances where the Seller (or the Owner, as the case may be) has by its act or omission vitiated the Project Insurances. ).
(b) The Seller shall (and shall procure that the Owner will, if applicable) ensure that the policy for each of its Project Insurances contains a provision: :
(i) naming XxxXxxxx the Buyer as additional insured thereunder (other than in respect of loss of revenue related to Project Insurances); ;
(ii) that each additional insured shall be separately indemnified in respect of claims by them under the Project Insurances, provided that the liability of the insurer concerned shall not be increased beyond the amount for which the insurer would have been liable for in the absence of such separate indemnity provision; ;
(iii) for automatic reinstatement of the sum insured on the basis that the sum insured shall not be reduced by the amount of any claim whether paid or due and payable; and and
(iv) recording that such Project Insurance is primary insurance and shall not be subject to contribution by any other insurance.
Appears in 1 contract
Samples: Power Purchase Agreement