Insurance and Risk. 25.1 Each party shall procure and maintain for the duration of this Agreement policies of insurance to cover its liabilities set out in clause 24. The terms of such policies of insurance shall include provisions whereby, in the event of any claim or proceedings in respect of which a party would be entitled to receive indemnity under the policy, being brought or made against the other party, the insurers shall indemnify the other party against any costs, charges and expenses thereof and whereby the insurers give a waiver of subrogation in respect of any indemnity given by a party to the other party.
25.2 Each party shall provide, on reasonable request, evidence of the insurance cover referred to in clause 25.1 on or before the Commencement Date and thereafter at any time during the period of this Agreement as the other party shall reasonably require. If a party is unable to demonstrate to the other party’s reasonable satisfaction that it has a reasonable level of insurance, with a reputable insurer, in respect of its liabilities under clause 24, the other party shall be entitled to effect insurance against all claims, proceedings, losses, liabilities, costs, damages and expenses caused by that party’s negligence, other default or deliberate act arising out of or in connection with this Agreement and to recover the reasonable cost of such insurance from that party.
Insurance and Risk. 26.1 Insurance
(a) CBH will, to the extent that it is reasonably practicable, take out and keep in force an insurance policy in respect to the risk of loss or damage to the Grain whilst:
(i) it is held in the Sites; and
(ii) during transit organised by CBH from the Receival Site to an Integrated Site.
(b) CBH will advise the Customer if it cannot gain insurance coverage as detailed above.
26.2 Transfer of risk
(a) Subject to clause 25, the risk of loss or damage to Grain is transferred to the Customer at the point in time when the Grain exits the Outturning spout of a Site into a form of a Grain transportation vehicle with the exception of clauses 26.2(b), 26.2(c) and 26.2(d).
(b) If the Customer has Grain loaded into:
(i) containers pursuant to the Container Loading Services, then risk of Grain loss or damage is transferred to the Customer: A. if the Customer utilises CBH’s transport services, immediately upon delivery of the container at the nominated Container Terminal; and
Insurance and Risk. (a) The Company will offer the Hirer the option to take out insurance for the loss of the contents of the Box.
(b) If the Hirer does not take up the option to arrange insurance of the contents of the Box, it will be the Hirer’s responsibility to insure the contents of the Box against all possible risk with some other company chosen by the Hirer.
(c) The Company will use ordinary diligence in the custody of the Box but will not be liable for losses suffered by the Hirer in the event of war, invasion, hostilities, acts of foreign enemies, civil war, rebellion, insurrection or government confiscation, nuclear reaction, seepage of any kind, pollution and/or contamination, aridity, humidity, exposure to light or consequential loss of any kind.
Insurance and Risk. Recipient represents and warrants to Felicitex that it is either self-insured or that it has adequate liability insurance protection to conduct the Purpose, such protection also being applicable to Recipient’s personnel while acting in the scope of their engagement with Recipient. Recipient assumes any and all risks of personal injury, property damage, or any other form of damage or injury attributable to neglect, acts, or omissions of Recipient, its personnel or third parties.
Insurance and Risk. 12.1 The Grower agrees that the Registered Supplier and the Post Harvest Operator will have no liability to the Grower for any loss or damage suffered by the Grower except as a result of any negligent act or omission on the part of the Registered Supplier or the Post Harvest Operator.
12.2 The Grower acknowledges that ZGL will use its best endeavours to arrange Marine Cargo Insurance and Contaminated Products Insurance. Where such insurance is arranged, the Grower’s crop will be covered by ZGL’s Marine Cargo Insurance policy as well as by ZGL’s Pool Hail Policy and Contaminated Products Policy. The Grower agrees that the Registered Supplier is not required to insure the Grower’s crop. The Grower’s attention is drawn to:
a. Clause A6 of the ZGL Contract;
b. Schedule 10 of the ZGL Contract; and
c. Appendix 2 of Schedule 10 of the ZGL Contract,
12.3 Where a problem arises with the Grower’s crop as a result of inherent vice, and loss results, the Grower must bear, and is responsible for, that loss. The Grower agrees that this covenant is given for the benefit of the Registered Supplier and the Post Harvest Operator.
12.4 The Registered Supplier will ensure that each Bailee, including any appointed On Port Logistics Provider, contracted by the Registered Supplier takes out and maintains Bailee’s liability insurance in accordance with clause B6.3 of Schedule 10 of the ZGL Contract. The Grower acknowledges that in respect of any Bailee who is contracted directly by the Grower and not by the Registered Supplier, it is the Grower’s responsibility to check that any such Bailee handling the Grower’s crop has insurance cover as required by Schedule 10 of the ZGL Contract. The Grower’s attention is also drawn to the diagram contained in Appendix 1 of Schedule 10 of the ZGL Contract which sets out the Bailee’s liability exclusion process.
12.5 The Grower acknowledges that there is a risk associated with Kiwistart kiwifruit being required to be removed from inventory if it is not shipped as required by Section C, and in particular clause C19 of Schedule 2 in the ZGL Contract.
12.6 In the event the Grower becomes aware of any incident, situation or occurrence which may give rise to an insured event, the Grower must immediately notify the Registered Supplier and authorises the Registered Supplier to notify ZGL.
Insurance and Risk. 13.1 Save as expressly provided otherwise under this Agreement, the Customer bears the risk of loss or damage to the Customer’s Grain.
13.2 The Customer is solely responsible for insuring Customer Grain.
13.3 The Customer must, and must cause any person entering the Facility for or on behalf of the Customer, to hold:
(a) Public and product liability insurance in an amount of not less than $50,000,000 for the Facility; and
(b) workers’ compensation insurance required by law; and
(c) if driving a vehicle, comprehensive motor vehicle insurance and third-party insurance covering person and property.
13.4 POPL will at all times during the Term maintain:
(a) Public and product liability insurance in an amount of not less than $50,000,000 for the Facility; and
(b) workers’ compensation and third-party insurance required by law POPL shall, upon request of the Customer, provide details of insurance policies taken out by POPL under this clause 13.4 and certificates of currency of such policies.
Insurance and Risk. 17.1 The Lessee shall not bring, nor permit or allow to be brought, onto the property any goods, furniture or effects which may by their nature increase the rate of insurance premiums or violate the fire insurance policy or which may be impregnated by any termite or any other wood boring or destroying insect of any kind. Should the Lessee contravene this paragraph, this will amount to a material breach of this lease agreement and the Lessor will be liable for any damages suffered by the Lessor.
17.2 The Harbour Bay Village Body Corporate shall insure and keep insured the property against risk of damage by fire.
17.3 The Lessee shall be responsible for effecting his own insurance in respect of his household contents, furniture, effects and appliances at his own cost.
17.4 The Lessor shall not be responsible for any loss or damage or any personal injury suffered by the Lessee or his family, invitees or employees on the property, irrespective of whether such loss or injury is caused by fire, theft, storm, riot, civil commotion, robbery, accident or any other cause whatsoever and the Lessee hereby indemnifies the Lessor and his duly authorised agent and holds them harmless in respect of any such claim arising. The provisions hereof shall not however exclude the Lessor from liability for damages if such damage has arisen as a result of his gross negligence or if such damage has been caused by failure to honour his obligations in terms of paragraph 7 above.
Insurance and Risk. 12.1 All bullion stored in the Company’s bullion depository shall be insured with the Company’s insurer which maintains a Standard & Poor's credit rating of A+ (Strong) or higher. The cost of this insurance is included in the Storage Fee.
12.2 The Company accepts no liability to the Proprietor for any claim by the Proprietor for breach of contract, damages in tort, damages for breach of statutory duty, or for damages for any other claim at law or in equity in relation to any uninsured loss suffered by the Proprietor.
Insurance and Risk. The Grower agrees that the Registered Supplier and the Post Harvest Operator will have no liability to the Grower for any loss or damage suffered by the Grower except as a result of any negligent act or omission on the part of the Registered Supplier or the Post Harvest Operator. The Grower acknowledges that ZGL will use its best endeavours to arrange Marine Cargo Insurance and Contaminated Products Insurance. Where such insurance is arranged, the Grower’s crop will be covered by ZGL’s Marine Cargo Insurance policy as well as by ZGL’s Pool Hail Policy and Contaminated Products Policy. The Grower agrees that the Registered Supplier is not required to insure the Grower’s crop. The Grower’s attention is drawn to:
Insurance and Risk. The agreement will contain provisions requiring FibroGen to maintain insurance coverage of the types and in the amounts typically carried by providers of manufacturing services in the pharmaceutical or chemical area. FibroGen shall bear the risk of loss of materials (including API) and Product while within FibroGen’s or its subcontractor’s control. — Subcontractors: FibroGen may engage subcontractors (“Subcontractors”) that meet the quality standards agreed by the Parties. No such subcontract shall release FibroGen from any of its obligations under the SA or the QA except to the extent such obligations are satisfactorily performed by such Subcontractor in accordance with the SA and the QA. To the extent that AstraZeneca has genuine concerns and can demonstrate with reasonable documentation to FibroGen the basis for its concern with respect to the performance of the work for which the Subcontractor is to be engaged, the choice of such Subcontractor shall be subject to AstraZeneca’s approval. [*] = 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 406 of the Securities Act of 1933, as amended. — Formulation: In the event the Parties decide that AstraZeneca will carry out formulation of the Product, such activities will be included in the SA and any applicable terms will be added to the SA to account for AstraZeneca’s role in the formulation activities.
