INDEMNITY AND LIABILITY INSURANCE. (1) The Lessee shall indemnify and hold harmless the Port Authority, its Commissioners, officers, employees and representatives (each of the foregoing being hereinafter singularly referred to as an "Indemnified Party"), from and against (and shall reimburse each Indemnified Party for its costs and expenses including legal expenses, whether those of the Port Authority's Law Department or otherwise, incurred in connection with the defense of) all claims and demands of third persons including, but not limited to, claims and demands for death or personal injuries, or for property damages, arising out of a breach or default of any term or provision of this Agreement by other than the Port Authority, or out of the use or occupancy of the Premises by the Lessee or by others with its consent, or out of any other acts or omissions of the Lessee, its officers, employees, guests, representatives, customers, contractors, invitees or business visitors on the Premises, or arising out of the acts or omissions of the Lessee, its officers and employees elsewhere at the Airport (excepting only claims and demands arising solely from the willful misconduct or the sole negligence of the Port Authority), including claims and demands of the City of New York from which the Port Authority derives its rights in the Airport, for indemnification, arising by operation of law or through agreement of the Port Authority with the said City (excepting claims and demands of the City arising solely with respect to the Condition Exceptions which the Lessee is not responsible for pursuant to paragraph (b)(2) of Section 56 hereof and claims and demands of the City arising solely with respect to those terms and conditions of the Remedial Action Work Plan which the Lessee is not responsible for complying with pursuant this Lease)(each and every claim or demand for which the Lessee has agreed to indemnify an Indemnified Party pursuant to this paragraph (a)(1) being hereinafter called as "Indemnified Claim"). (i) Except as set forth in subparagraph (a)(2)(ii) of this Section, the Lessee shall at its own cost and expense defend each and every suit based upon any Indemnified Claim (even if such claim or demand is groundless, false or fraudulent) with counsel reasonable satisfactory to the Port Authority, and in defending such suit the Lessee shall not, without obtaining express advance permission from the General Counsel of the Port Authority, raise any defense involving in any way the jurisdiction of the tribunal over the person of the Port Authority, the immunity of the Port Authority, its Commissioners, officers, agents or employees, the governmental nature of the Port Authority, or the provisions of any statutes respecting suits against the Port Authority, provided, however, the Port Authority shall have the right at its election to either (x) participate in such defense or settlement with its own counsel and at its sole expense except as set forth in subparagraph (a)(2)(ii) of this Section, but the Lessee shall have the control of the defense, judgment and settlement or (y) upon notice to the Lessee relieve the Lessee from the obligation to defend any Indemnified Claim and itself defend such Indemnified Claim at its sole cost and expense except as set forth in subparagraph (a)(2)(ii) of this Section and the settlement, judgment and satisfaction thereof shall be paid by the Lessee if the Lessee has consented to such settlement, judgment or satisfaction, which consent of the Lessee will not be unreasonably withheld. (ii) In the event that the defense of an Indemnified Claim which is to be provided by the Lessee (including without limitation any defense provided by the Lessee's insurer, contractor or subcontractor) has not been commenced within a reasonable time period after receipt by the Lessee of notice of such Indemnified Claim, or if the Lessee, one of its contractors or subcontractors or its insurer shall not use a counsel that is reasonably satisfactory to the Port Authority in defending an Indemnified Claim, then upon notice to the Lessee the Port Authority may defend such Indemnified Claim at the sole cost and expense of the Lessee. (iii) The Port Authority and the Lessee will reasonably cooperate with each other in the defense of any Indemnified Claim. (iv) In the event that the Lessee (including any of its insurance carriers, contractors or subcontractors involved in the defense of an Indemnified Claim) has a conflict of interest with the Port Authority or an Indemnified Party or a defense by the Lessee (including without limitation a defense by the Lessee's insurer, contractor or subcontractor) adversely affects the interests of the Port Authority or other Indemnified Party, then Lessee shall provide or cause to be provided separate counsel approved by the Port Authority to defend such Indemnified Claim. (1) In addition to the obligations set forth in paragraph (a) of this Section and all other insurance required under this Agreement, the Lessee during the term of this Agreement in its own name as insured and also including the Port Authority, the other Indemnified Parties and the City Insureds as additional insureds including without limitation for premises-operations and products-completed operations, shall maintain and pay the premiums on a policy or policies of (i) Commercial General Liability Insurance, and covering bodily injury, including death, and property damage liability, broadened to include or equivalent separate policies covering aircraft liability, none of the foregoing to contain care, custody or control exclusions, and providing for coverage in the limits set forth below, and (ii) Commercial Automobile Liability Insurance covering owned, non-owned and hired vehicles and automatically covering newly acquired vehicles in not less than the minimum limit set forth below and in lieu of the foregoing requirements pertaining to care, custody or control exclusions Baggage Legal Liability Insurance providing for coverage in not less than the limit set forth below. Said policy of Baggage Legal Liability Insurance shall cover and insure against such hazards and risks as are customarily insured under such a policy, shall cover the operations of the Lessee under this Lease, shall be effective throughout the term of the letting hereunder, and shall contain an endorsement waiving any rights of subrogation of the insurer against the Port Authority. In addition, each of the said policy or policies of insurance shall also provide or contain an endorsement providing that the protections afforded the Lessee thereunder with respect to any claim or action against the Lessee by a third person shall pertain and apply with like effect with respect to any claim or action against the Lessee by the Port Authority and any claim or action against the Port Authority by the Lessee as though the Port Authority were a named insured but such endorsement shall not limit, vary, change, or affect the protection afforded the Port Authority thereunder as an additional insured. In addition, the said policy or policies of Commercial General Liability Insurance shall also provide or contain a contractual liability endorsement covering the obligations assumed by the Lessee under paragraph (a) hereof, Section 1 hereof entitled "Letting", Section 19 hereof entitled "Assignment and Sublease", Section 29 hereof entitled "Removal of Property", Section 30 hereof entitled "Brokerage", and paragraph (d) of Section 62 hereof entitled "Non-Discrimination".
Appears in 1 contract
INDEMNITY AND LIABILITY INSURANCE. (1) The Lessee shall indemnify and hold harmless the Port Authority, its Commissioners, officers, employees and representatives (each of the foregoing being hereinafter singularly referred to as an "Indemnified Party")representatives, from and against (and shall reimburse each Indemnified Party the Port Authority for its the Port Authority’s costs and expenses including legal expenses, whether those of the Port Authority's ’s Law Department or otherwise, incurred in connection with the defense of) all claims and demands of third persons Persons including, but not limited to, claims and demands for death or personal injuries, or for property damages, arising out of a breach or default by the Lessee of any term or provision of this Agreement by other than the Port AuthorityAgreement, or out of the use or occupancy of the Premises by the Lessee or by others with its consent, or out of any other acts or omissions of the Lessee, its officers, employees, guests, representatives, customers, contractors, invitees or business visitors on the PremisesTerminal, or arising out of the acts or omissions of the Lessee, its officers and employees elsewhere at the Airport (excepting only claims and demands arising solely from the willful misconduct or the sole negligence of the Port Authority), including claims and demands of the City of New York from which the Port Authority derives its rights in the Airport, for indemnification, arising by operation of law or through agreement of the Port Authority with the said City (excepting claims and demands of the City arising solely with respect to the Condition Exceptions which the Lessee is not responsible for pursuant to paragraph (b)(2) of Section 56 hereof and claims and demands of the City arising solely with respect to those terms and conditions of the Remedial Action Work Plan which the Lessee is not responsible for complying with pursuant this Lease)(each and every claim or demand for which the Lessee has agreed to indemnify an Indemnified Party pursuant to this paragraph (a)(1) being hereinafter called as "Indemnified Claim")City.
(i2) Except as set forth in subparagraph (a)(2)(ii) of this SectionIf so directed, the Lessee shall at its own cost and expense defend each and every any suit based upon any Indemnified Claim such claim or demand (even if such claim or demand is groundless, false or fraudulent) with counsel reasonable satisfactory to the Port Authority), and in defending handling such suit the Lessee it shall not, without obtaining express advance permission from the General Counsel of the Port Authority, raise any defense involving in any way the jurisdiction of the tribunal over the person of the Port Authority, the immunity of the Port Authority, its Commissioners, officers, agents or employees, the governmental nature of the Port Authority, or the provisions of any statutes respecting suits against the Port Authority, provided, however, the Port Authority shall have the right at its election to either (x) participate in such defense or settlement with its own counsel and at its sole expense except as set forth in subparagraph (a)(2)(ii) of this Section, but the Lessee shall have the control of the defense, judgment and settlement or (y) upon notice to the Lessee relieve the Lessee from the obligation to defend any Indemnified Claim and itself defend such Indemnified Claim at its sole cost and expense except as set forth in subparagraph (a)(2)(ii) of this Section and the settlement, judgment and satisfaction thereof shall be paid by the Lessee if the Lessee has consented to such settlement, judgment or satisfaction, which consent of the Lessee will not be unreasonably withheld.
(ii) In the event that the defense of an Indemnified Claim which is to be provided by the Lessee (including without limitation any defense provided by the Lessee's insurer, contractor or subcontractor) has not been commenced within a reasonable time period after receipt by the Lessee of notice of such Indemnified Claim, or if the Lessee, one of its contractors or subcontractors or its insurer shall not use a counsel that is reasonably satisfactory to the Port Authority in defending an Indemnified Claim, then upon notice to the Lessee the Port Authority may defend such Indemnified Claim at the sole cost and expense of the Lessee.
(iii) The Port Authority and the Lessee will reasonably cooperate with each other in the defense of any Indemnified Claim.
(iv) In the event that the Lessee (including any of its insurance carriers, contractors or subcontractors involved in the defense of an Indemnified Claim) has a conflict of interest with the Port Authority or an Indemnified Party or a defense by the Lessee (including without limitation a defense by the Lessee's insurer, contractor or subcontractor) adversely affects the interests of the Port Authority or other Indemnified Party, then Lessee shall provide or cause to be provided separate counsel approved by the Port Authority to defend such Indemnified Claim.
(1) In addition to the obligations set forth in paragraph (a) of this Section and all other insurance required under this Agreement, the Lessee during the term of this Agreement in its own name as insured and also including the Port Authority, the other Indemnified Parties and the City Insureds Authority as an additional insureds insured including without limitation for premises-operations and products-completed operations, shall maintain and pay the premiums on a policy or policies of (i) Commercial General Liability Insurance, including premises-operations, products, completed operations, liquor liability and covering bodily injury, including death, and property damage liability, broadened to include or equivalent separate policies covering aircraft liability, none of the foregoing to contain care, custody or control exclusions, and providing for coverage in the limits set forth below, and (ii) Commercial Automobile Liability Insurance covering owned, non-owned and hired vehicles and automatically covering newly acquired vehicles in not less than the minimum limit set forth below and in lieu of the foregoing requirements pertaining to care, custody or control exclusions Baggage Legal Liability Insurance providing for coverage in not less than the limit set forth below. Said policy of Baggage Legal Liability Insurance shall cover and insure against such hazards and risks as are customarily insured under such a policy, shall cover the operations of the Lessee under this Lease, shall be effective throughout the term of the letting hereunder, and shall contain an endorsement waiving any rights of subrogation of the insurer against the Port Authority. In addition, each Each of the said policy or policies of insurance shall also provide or contain an endorsement providing that the protections afforded the Lessee thereunder with respect to any claim or action against the Lessee by a third person Person shall pertain and apply with like effect with respect to any claim or action against the Lessee by the Port Authority and any claim or action against the Port Authority by the Lessee as though the Port Authority were a named insured but such endorsement shall not limit, vary, change, or affect the protection afforded the Port Authority thereunder as an additional insured. In addition, the said policy or policies of Commercial General Liability Insurance shall also provide or contain a contractual liability endorsement covering the obligations assumed by the Lessee under paragraph (a) hereof, Section 1 hereof entitled "“Letting", Section 19 hereof entitled "Assignment and Sublease"”, Section 29 hereof entitled "“Removal of Property"”, Section 30 hereof entitled "“Brokerage"”, Section 56 hereof entitled “Environmental Obligations”, Section 61 hereof entitled “Storage Tanks” and paragraph (d) of Section 62 hereof entitled "“Non-Discrimination"”.
Appears in 1 contract
INDEMNITY AND LIABILITY INSURANCE. (1) The Lessee shall indemnify and hold harmless the Port Authority, its Commissioners, officers, employees and representatives (each of the foregoing being hereinafter singularly referred to as an "Indemnified Party")representatives, from and against (and shall reimburse each Indemnified Party the Port Authority for its the Port Authority's costs and expenses including legal expenses, whether those of the Port Authority's Law Department or otherwise, expenses incurred in connection with the defense of) all claims and demands of third persons including(including employees, officers and agents of the Port Authority including but not limited to, to claims and demands for death or personal injuries, or for property damages, arising out of a breach or any default of the Lessee in performing or observing any term or provision of this Agreement by other than the Port AuthorityAgreement, or out of the use or occupancy of the Premises premises by the Lessee or by others others, with its consent, consent or out of any other acts or omissions of the Lessee, its officers, employees, guests, representatives, customers, contractors, invitees or invitees, business visitors and other persons who are doing business with the Lessee or who are on the Premisespremises with the consent of the Lessee, or arising out of the acts or omissions of the Lessee, its officers and employees elsewhere at the Airport (excepting only claims and demands arising solely from the willful misconduct or the sole negligence of the Port Authority)Airport, including claims and demands of the City of New York from which the Port Authority derives its rights in the Airport, for indemnification, arising by operation of law or through agreement of the Port Authority with the said City (excepting claims and demands of the City arising solely with respect to the Condition Exceptions which the Lessee is not responsible for pursuant to paragraph (b)(2) of Section 56 hereof and claims and demands of the City arising solely with respect to those terms and conditions of the Remedial Action Work Plan which the Lessee is not responsible for complying with pursuant this Lease)(each and every claim or demand for which the Lessee has agreed to indemnify an Indemnified Party pursuant to this paragraph (a)(1) being hereinafter called as "Indemnified Claim")City.
(i2) Except as set forth in subparagraph (a)(2)(ii) of this SectionIf so directed, the Lessee shall at its own cost and expense defend each and every any suit based upon any Indemnified Claim such claim or demand (even if such claim or demand is groundless, false or fraudulent) with counsel reasonable satisfactory to the Port Authority, and in defending handling such suit the Lessee it shall not, without obtaining express advance permission from the General Counsel of the Port Authority, raise any defense involving in any way the jurisdiction of the tribunal over the person of the Port Authoritytribunal, the immunity of the Port Authority, its Commissioners, officers, agents or employees, the governmental nature of the Port Authority, or the provisions of any statutes respecting suits against the Port Authority, provided, however, the Port Authority shall have the right at its election to either (x) participate in such defense or settlement with its own counsel and at its sole expense except as set forth in subparagraph (a)(2)(ii) of this Section, but the Lessee shall have the control of the defense, judgment and settlement or (y) upon notice to the Lessee relieve the Lessee from the obligation to defend any Indemnified Claim and itself defend such Indemnified Claim at its sole cost and expense except as set forth in subparagraph (a)(2)(ii) of this Section and the settlement, judgment and satisfaction thereof shall be paid by the Lessee if the Lessee has consented to such settlement, judgment or satisfaction, which consent of the Lessee will not be unreasonably withheld.
(ii) In the event that the defense of an Indemnified Claim which is to be provided by the Lessee (including without limitation any defense provided by the Lessee's insurer, contractor or subcontractor) has not been commenced within a reasonable time period after receipt by the Lessee of notice of such Indemnified Claim, or if the Lessee, one of its contractors or subcontractors or its insurer shall not use a counsel that is reasonably satisfactory to the Port Authority in defending an Indemnified Claim, then upon notice to the Lessee the Port Authority may defend such Indemnified Claim at the sole cost and expense of the Lessee.
(iii) The Port Authority and the Lessee will reasonably cooperate with each other in the defense of any Indemnified Claim.
(iv) In the event that the Lessee (including any of its insurance carriers, contractors or subcontractors involved in the defense of an Indemnified Claim) has a conflict of interest with the Port Authority or an Indemnified Party or a defense by the Lessee (including without limitation a defense by the Lessee's insurer, contractor or subcontractor) adversely affects the interests of the Port Authority or other Indemnified Party, then Lessee shall provide or cause to be provided separate counsel approved by the Port Authority to defend such Indemnified Claim.
(1b) In addition to the obligations set forth in paragraph (a) of this Section and all other insurance required under this Agreement, the Lessee prior to any use or occupancy of the premises and thereafter during the term of this Agreement in its own name as insured and also including the Port Authority, the other Indemnified Parties Authority and the City Insureds of New York as additional insureds including without limitation for premises-operations and products-completed operationsinsureds, shall maintain and pay the premiums during the term of this Agreement on a policy or policies of (i) Commercial Comprehensive General Liability InsuranceInsurance covering the Lessee's operations hereunder, including but not limited to Products Liability, premises-operations and completed operations, and covering bodily injury, including death, death and property damage liability, broadened to include or equivalent separate policies covering aircraft liabilityand Garage Liability (with automobile hazard 2 coverage), Garage Keepers Legal Liability, none of the foregoing to contain care, custody or control exclusionsexclusions (endorsed to include all risks of physical loss and damage including lift collision coverage and collision and upset coverage in limits sufficient to cover vehicles and other property in the care, custody and control of the Lessee), and providing for coverage in the limits set forth below, and (ii) Commercial Comprehensive Automobile Liability Insurance covering owned, non-owned and hired vehicles and automatically covering newly acquired vehicles in not less than the minimum limit set forth below and in lieu of the foregoing requirements pertaining to care, custody or control exclusions Baggage Legal Liability Insurance providing for coverage in not less than the limit set forth below. Said policy of Baggage Legal Liability Insurance shall cover and insure against such hazards and risks as are customarily insured under such a policy, shall cover the operations of the Lessee under this Lease, shall be effective throughout the term of the letting hereundervehicles, and shall contain an endorsement waiving any rights of subrogation of including automatic coverage for newly-acquired vehicles, and all applicable requirements for underground storage tanks including the insurer against the Port AuthorityFederal Financial Responsibility Requirements. In addition, each of the said Such policy or policies shall include Garage Liability (with automobile hazard two coverage’s, Garage Keepers Legal Liability in the comprehensive form to cover all risk, including, but not limited to (i) fire and explosion, (ii) theft of partial or entire vehicle, (iii) riot and/or vandalism, and (iv) coverage for collision or upset and Environmental Impairment Liability Insurance coverage covering the Lessee’s legal liability, including clean up. The said policies of insurance shall also provide or contain an endorsement providing that the protections afforded the Lessee thereunder with respect to any claim or action against the Lessee by a third person shall pertain and apply with like effect with respect to any claim or action against the Lessee by the Port Authority and any claim or action against the Port Authority by the Lessee as though the Port Authority were a named insured but such endorsement shall not limit, vary, change, or affect the protection afforded the Port Authority thereunder as an additional insured. In addition, the said policy or policies of Commercial General Liability Insurance shall also provide or contain a contractual liability endorsement covering the obligations assumed by the Lessee under paragraph (a) hereof, Section 1 hereof entitled "Letting", Section 19 hereof entitled "Assignment of this Section. The Lessee shall also take out and Sublease", Section 29 hereof entitled "Removal of Property", Section 30 hereof entitled "Brokerage", maintain in its own name and paragraph (d) of Section 62 hereof entitled "Non-Discrimination".at it own cost
Appears in 1 contract
Samples: Lease Agreement
INDEMNITY AND LIABILITY INSURANCE. (1) The Lessee Sublessee shall indemnify and hold harmless the Port Authority, its Commissioners, officers, employees and representatives (each of the foregoing being hereinafter singularly referred to as an "Indemnified Party")representatives, and Sublessor, its officers, employees and representatives, from and against (and shall reimburse each Indemnified Party the Port Authority for its costs and expenses including legal expenses, whether those of expenses incurred in connection with the Port Authorityclaims herein described and the Sublessor for costs and expenses including reasonable attorney's Law Department or otherwise, fees actually incurred in connection with the defense of) of all claims and demands of third persons including, including but not limited to, to claims and demands for death or personal injuries, or for property damages, arising out of a breach or any default of the Sublessee in performance or observing any term or provision of this Agreement by other than the Port AuthoritySublease, or out of the use or occupancy of the Subleased Premises by the Lessee Sublessee or by others with its consent, consent or out of any other of the acts or omissions of the LesseeSublessee, its officers, employees, guests, representatives, customers, contractors, invitees or invitees, business visitors on and other persons who are doing business with the PremisesSublessee or who are at the Subleased Premises with the consent of the Sublessee, or arising out of the acts or omissions of the LesseeSublessee, its officers and employees elsewhere at the Airport (excepting only claims and demands arising solely from the willful misconduct or the sole negligence as to areas outside of the Port AuthoritySublease Premises only by the acts or omissions of the Sublessee, its officers, employees, business guests), including claims and demands of the City of New York from which the Port Authority derives its rights in the Airport, for indemnification, arising by operation of law oflaw or through agreement of the Port Authority with the said City (excepting claims and demands of the City arising solely with respect to the Condition Exceptions which the Lessee is not responsible for pursuant to paragraph (b)(2) of Section 56 hereof and claims and demands of the City arising solely with respect to those terms and conditions of the Remedial Action Work Plan which the Lessee is not responsible for complying with pursuant this Lease)(each and every claim or demand for which the Lessee has agreed to indemnify an Indemnified Party pursuant to this paragraph (a)(1) being hereinafter called as "Indemnified Claim")City.
(i2) Except as set forth in subparagraph (a)(2)(ii) of this Section, the Lessee The Sublessee shall at its own cost and expense defend each and every any suit based upon any Indemnified Claim such claim or demand (even if such suit, claim or demand is groundless, false or fraudulent) with counsel reasonable satisfactory to the Port Authority), and in defending handling such suit the Lessee it shall not, without obtaining express advance permission from the General Counsel of the Port Authority, raise any defense involving in any way the jurisdiction of the tribunal over the person of the Port Authority, its Commissioners, officers, agents or employees, the immunity of the Port Authority, its Commissioners, officers, agents or employees, the governmental nature of the Port Authority, or the provisions of any statutes respecting suits against the Port Authority, provided, however, the Port Authority shall have the right at its election to either (x) participate in such defense or settlement with its own counsel and at its sole expense except as set forth in subparagraph (a)(2)(ii) of this Section, but the Lessee shall have the control of the defense, judgment and settlement or (y) upon notice to the Lessee relieve the Lessee from the obligation to defend any Indemnified Claim and itself defend such Indemnified Claim at its sole cost and expense except as set forth in subparagraph (a)(2)(ii) of this Section and the settlement, judgment and satisfaction thereof shall be paid by the Lessee if the Lessee has consented to such settlement, judgment or satisfaction, which consent of the Lessee will not be unreasonably withheld.
(ii) In the event that the defense of an Indemnified Claim which is to be provided by the Lessee (including without limitation any defense provided by the Lessee's insurer, contractor or subcontractor) has not been commenced within a reasonable time period after receipt by the Lessee of notice of such Indemnified Claim, or if the Lessee, one of its contractors or subcontractors or its insurer shall not use a counsel that is reasonably satisfactory to the Port Authority in defending an Indemnified Claim, then upon notice to the Lessee the Port Authority may defend such Indemnified Claim at the sole cost and expense of the Lessee.
(iii) The Port Authority and the Lessee will reasonably cooperate with each other in the defense of any Indemnified Claim.
(iv) In the event that the Lessee (including any of its insurance carriers, contractors or subcontractors involved in the defense of an Indemnified Claim) has a conflict of interest with the Port Authority or an Indemnified Party or a defense by the Lessee (including without limitation a defense by the Lessee's insurer, contractor or subcontractor) adversely affects the interests of the Port Authority or other Indemnified Party, then Lessee shall provide or cause to be provided separate counsel approved by the Port Authority to defend such Indemnified Claim.
(1b) In addition to the obligations set forth in paragraph (a) of this Section and all other insurance required under this AgreementSublease, the Lessee Sublessee during the term of this Agreement Sublease in its own name as insured and also including the Port Authority, the other Indemnified Parties Authority and the City Insureds Sublessor as additional insureds including without limitation for premises-operations and products-completed operations, shall maintain and pay the premiums on a policy or policies of (i) Commercial General Liability Insurance, including premises-operations, and covering bodily injury, including death, and property damage liability, broadened to include or equivalent separate policies covering aircraft liability, none of the foregoing to contain care, custody or control exclusions, and providing for coverage in the limits set forth below, and (ii) Commercial Comprehensive Automobile Liability Insurance covering owned, non-owned and hired vehicles and automatically covering including automatic coverage for newly acquired vehicles in not less than the minimum limit set forth below and in lieu of the foregoing requirements pertaining to care, custody or control exclusions Baggage Legal Liability Insurance providing for coverage in not less than the limit limits set forth below. Said The said Commercial General Liability insurance policy shall have a limit of Baggage Legal not less than $2,000,000.00 combined single limit per occurrence and an armual aggregate for bodily injury and property damage liability. The said Comprehensive Automobile Liability Insurance insurance shall cover have a limit of not less than $2,000,000.00 combined single limit per accident for bodily injury and insure against such hazards property damage liability.
(c) The policies and risks as are customarily insured under such a policy, shall cover the operations of the Lessee under certificates relating to liability insurance covered by this Lease, section shall be effective throughout the term of the letting hereunder, duly endorsed by Sublessee's underwriters to provide that Sublessee and shall contain an endorsement waiving said underwriters waive any and all rights of subrogation of the insurer against the Sublessor, the Port Authority. In additionAuthority and the City of New York and their respective officers, each agents and employees, and further provide that said insurance and any and all policies of Sublessor shall be secondary insurance.
(d) All the said policy or aforesaid policies of insurance shall also provide or contain an endorsement providing that the protections afforded the Lessee Sublessee thereunder with respect to any claim or action against the Lessee Sublessee by a third person shall pertain and apply with like effect with respect to any claim or action against the Lessee by the Port Authority and any claim or action against the Port Authority by the Lessee as though the Port Authority were a named insured Sublessor mising or said to arise out of such claim, but such endorsement shall not limit, vary, change, or affect the protection protections afforded the Port Authority or the Sublessor thereunder as an additional insured. In addition, the The said policy or policies of Commercial General Liability Insurance insurance shall also provide or contain a contractual liability endorsement covering the obligations assumed by the Lessee Sublessee under paragraph (a) hereof. All insurance coverage's and policies required under this Section may be reviewed by the Sublessor and the Port Authority for adequacy of terms, conditions and limits of coverage at any time and from time to time during the tetm of the subletting hereunder. The Sublessor or the Port Authority may, at any such time, require commercially reasonable additions, deletions, amendments or modifications to the above scheduled insurance requirements, or may require (if commercially reasonable) such other and additional insurance, in such reasonable amounts, against such other insurable hazards, as the Sublessor or the Port Authority may deem required and the Sublessee shall promptly comply therewith
(e) As to the insurance required by the provisions of this Section, a certified copy of the policies or a certificate or certificates of binders, evidencing the existence thereof, shall be delivered by the Sublessee to the Sublessor and the Port Authority upon execution of this Sublease and delivery thereof by the Sublessor to the Port Authority. Each policy, certificate or binder delivered as aforesaid either (i) shall bear the endorsement of or be accompanied by evidence of payment of the premium thereon, or (ii) the Sublessee shall deliver to the Sublessor and the Port Authority the certificate of insurance issued by the insurance company issuing the policy. In the event a binder is delivered, it shall be replaced within thirty (30) days by a certified copy of the policy or a certificate. Each such copy or certificate shall contain a valid provision or endorsement that the policy may not be canceled, terminated changed or modified without giving thirty (30) days' written 15 advance notice thereof to the Sublessor and the Port Authority. Each such copy or certificate shall contain an additional endorsement providing that the insurance carrier shall not, without obtaining express advance permission from the General Counsel of the Port Authority, raise any defense involving in any way the jurisdiction of the tribunal over the person of the Port Authority, its officers, agents, or employees, the immunity of the Port Authority, its Commissioners, officers, agents or employees, the governmental nature of the Port Authority or the provisions ofany statutes respecting suits against the Port Authority. Any renewal policy or certificate shall be delivered to the Sublessor and the Port Authority prior to the expiration of each expiring policy, except for any policy expiring after the date of expiration of the term of this Agreement. The aforesaid insurance shall be written by a company or companies approved by the Sublessor. If at anytime any of the insurance policies shall be or become unsatisfactory to the Port Authority as to the form or substance or if any of the carriers issuing such policies shall be or become unsatisfactory to the Port Authority, the Sublessee shall promptly obtain a new and satisfactory policy in replacement. Ifthe Sublessor or the Port Authority at any time so requests, a certified copy of each of the policies shall be delivered to the Sublessor and the Port Authority. The insurance required by this Section 1 hereof entitled may be effected by blanket or umbrella policies, or both, provided that the coverage under any such blanket or umbrella policies is the same as if such insurance was effected by a single policy.
(a) Except with the prior written approval of the Sublessor and the Port Authority, the Sublessee shall not erect maintain or display any signs or any advertising at or on the exterior parts of the Subleased Premises or at or on any other portion of the Airport outside the Subleased Premises. Interior signs affecting public safety and security shall be in accordance with established Port Authority standards. "LettingNotwithstanding the above, the sublessee shall be allowed to maintain a sign on the front door of the subleased premises.", Section 19 hereof entitled "Assignment and Sublease", Section 29 hereof entitled "Removal of Property", Section 30 hereof entitled "Brokerage", and paragraph (d) of Section 62 hereof entitled "Non-Discrimination".
Appears in 1 contract
