Common use of Failure to Secure Clause in Contracts

Failure to Secure. Failure to secure the insurance coverage, or failure to comply fully with any of the insurance provisions of this Agreement, or the failure to secure such endorsements on the policies as may be necessary to carry out the terms and conditions of this Agreement will in no way relieve each Party from the obligations of this Agreement, any provision of this Agreement to the contrary notwithstanding. If liability for loss or damage is denied by the insured Party’s underwriters, in whole or in part, or substantially reduced because of breach of such insurance requirements by the insured Party or for any other reason, or if a Party fails to maintain any of the insurance required by this Agreement, (i) to the extent permitted by law, such denied, breaching or failing Party (the “non-insured Party”) will indemnify the other Party and its underwriters against all claims, demands, costs and expenses, including reasonable attorney fees, which would otherwise be covered by said insurance, (ii) such breach or failure to maintain will be deemed a material breach of this Agreement, and (iii) non-breaching Party may procure the same and non-insured Party will reimburse the other Party for the cost of such policies or coverage.