Insurance Covenant. Borrower will at all times during the term of this Loan Agreement maintain, at its sole expense, for the mutual benefit of Borrower and Lender, Insurance as required by Lender and applicable law, with such endorsements as Lender may reasonably require from time to time and which are customarily required by institutional lenders for properties comparable to the Mortgaged Property.
Insurance Covenant. The Debtor must obtain and maintain, at its own expense, insurance against loss or damage to the Collateral including, without limitation, loss by fire, theft, collision and such other risks as are customarily insured against for this type of property, in an amount not less than the full insurable value thereof, with such insurers as are acceptable to the Bank.
Insurance Covenant. Funding LP shall at its own expense provide insurance for its business and Vehicles, including the Leased Vehicles, in respect both of losses and third party liability, as set out in Schedule “B” and shall pay all premiums on such insurance on a timely basis and shall maintain fully funded all escrow or trust accounts required to be funded by the terms of such insurance. Third party underwriters of such insurance shall meet the credit standard set out in Section 5.
1. Funding LP shall indemnify and hold Rental ULC harmless against all claims, losses and expenses within the deductible amounts (including, for greater certainty, self insured amounts) under such insurance policies.
Insurance Covenant. (a) As part of the Transfer Plan, Genmab and TenX shall agree in good faith how to best ensure insurance coverage with respect to those Clinical Studies for which sponsorship will be transferred to TenX, it being understood that TenX shall pay (or reimburse Genmab) for all such insurance costs incurred after the Closing; provided that (i) Genmab shall maintain, at its expense, in full force and effect, all existing insurance with respect to any Clinical Studies or activities performed by Genmab (or Ares Trading S.A.) prior to the Closing involving the Compound and the Product, and after the Closing shall maintain at its own expense in full force and effect, “tail” coverage for all activities relating to the Compound and the Product prior to the Closing and (ii) Genmab shall not be required to incur any expenses with respect to such existing insurance that Genmab would not have incurred if the applicable Clinical Study had been closed down. The tail coverage shall be maintained as required by applicable Law and in accordance with Genmab’s policy and procedure as previously disclosed to TenX to maintain master insurance for [**] years after a clinical trial ends. Genmab agrees to furnish TenX current effective certificates of insurance evidencing the same prior to the Closing and from time to time during the Term. With respect to those Clinical Studies for which sponsorship will not be transferred to TenX, Genmab shall maintain, at its expense, in full force and effect, all existing insurance with respect to any Clinical Studies or activities performed by Genmab (or Ares Trading S.A.) and shall comply with its existing policies and procedures regarding insurance, including the master insurance referred to above.
Insurance Covenant. The Borrower fails to comply with any covenant or agreement applicable to it contained in Section 7.10, unless such failure is remedied within ten (10) Business Days after the Borrower has Actual Knowledge of such failure; or
Insurance Covenant. From the Effective Date and for a period of five years after the termination of this Agreement, each Party shall obtain, and thereafter maintain, at its sole cost and expense, product liability insurance in amounts which are reasonable and customary in the U.S. pharmaceutical industry (with respect to Oscient) and the Territory (with respect to Menarini) for companies of comparable size and activities. Such product liability insurance shall insure against all liability arising as a result of administration of Finished Product to humans (including liability for personal injury, physical injury, and property damage). The Parties expressly agree that, for the period commencing as of the Effective Date and ending as of the fifth anniversary of the Effective Date, the reasonable and customary amount of [*] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. product liability insurance shall be construed to be as follows: Primary coverage in the amount of at least [*] dollars ($[*]) per occurrence and [*] dollars ($[*]) in the annual aggregate. Each Party shall provide written proof of the existence of such insurance to the other Party promptly upon request. MIOL may self insure any or a portion of the above required insurance if (i) such self-insurance is effected through a captive insurance company duly authorized by an appropriate authority in a favorably recognized domicile; or (ii) MIOL can demonstrate to have proceeded with adequate accruals in its balance sheet destined only for product liability self-insurance.
Insurance Covenant. Manager will maintain, at Owner’s sole expense, for the mutual benefit of Lender and Owner, Insurance as required by Lender and applicable law, with such endorsements as Lender may reasonably require from time to time and which are customarily required by institutional lenders for properties comparable to the Properties.
Insurance Covenant. Customer agrees to maintain standard all-risk insurance coverage on all locations in the amount of at least One Million Dollars ($1,000,000.00) and provide IBM Credit with a copy of the insurance policy. IBM Credit LLC must be named as a lender loss payee.
Insurance Covenant. With respect to any loss, liability or damage suffered after the Closing Date resulting from or arising out of the conduct of the Business on or prior to the Closing Date or for which the Asset Seller or any of its affiliates (other than BDPH) (a "Xxxxxx Insured Party") would be entitled to assert, or cause any other person to assert, a claim for recovery under any policy of Insurance underwritten by third parties not affiliated with Xxxxxx, at the reasonable request of BDPH and to the extent permitted under such applicable policies of Insurance without the payment of additional premiums in connection therewith, such Xxxxxx Insured Party will assert one or more claims under the policies of Insurance covering such loss, liability or damage if BDPH is not itself entitled to assert such claim, but such Xxxxxx Insured Party is so entitled; provided, however, that all of the Xxxxxx Insured Parties' reasonable out-of-pocket costs and expenses incurred in connection with the foregoing, including without limitation any liability, obligation or expense referred to in the last sentence hereof, are, at the option and in the sole discretion of the entity incurring such costs and expenses, paid in advance of the entity incurring such costs and expenses, or promptly reimbursed by MergerCo and/or BDPH. To the extent required under the terms of the policies of Insurance to give effect to the foregoing, Xxxxxx will be deemed, solely for the purpose of asserting claims for recovery under such Insurance to have assumed or retained liability for such loss, liability or damage but only to the extent of the policy limits of the applicable policy of Xxxxxx Insurance; provided, however, that (i) BDPH and/or Holding's obligations under Section 11.2 will not be affected by the provisions hereof and (ii) with respect to any claim made by any Xxxxxx Insured Party under any Insurance pursuant to this section, BDPH and/or MergerCo will indemnify, defend and hold harmless Xxxxxx and each of its affiliates (other than BDPH) and their respective directors, officers, partners, employees, agents and representatives (including without limitation any predecessor or successor of any of the foregoing) from and against any Xxxxxx Losses relating to, resulting from or arising out of any deductible, policy limit, obligation, indemnity, reinsurance due to the liquidation or insolvency of the reinsurer, self-insurance retention or retroactive or retrospective premium resulting from claims made hereu...
Insurance Covenant. At its own expense, the District shall maintain (i) casualty insurance insuring the Facilities against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State of California and any other risks reasonably required by the Lender in an amount equal to the greater of (a) 100% of the replacement cost of the Facilities without deduction for depreciation, or (b) the aggregate unpaid principal components of the Rental Payments; (ii) liability insurance that protects the Lender from liability in all events in the amount of at least $5,000,000 per occurrence for bodily injury and property damage coverage (such liability insurance coverage may be in a combination of primary general liability and/or excess liability umbrella coverage); (iii) rental abatement insurance in an amount equal to at least the maximum Rental Payments coming due and payable during any future 24-month period; and (iv) workers' compensation insurance covering all employees working on, in, near or about the Facilities. In the event of any damage to or destruction of any part of the Facility, caused by perils covered by such insurance, the District shall cause the proceeds of such insurance to be utilized for the repair, reconstruction or replacement of such damaged or destroyed portion of the Facility. In the event of damage or destruction, insurance proceeds may also be used for prepayment. Insurance certificates will be reviewed by Lender prior to closing.
