Insurance Failure Sample Clauses

Insurance Failure. Lessee shall fail to obtain, maintain and comply with all of the insurance coverages required under such Lease;
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Insurance Failure. So long as the Credit Agreement is in effect and any Lender shall have any Commitment outstanding thereunder, and until the Notes, together with interest and all other Obligations are indefeasibly paid in full and the ConEd Letter of Credit has been terminated: (a) In the case of damage to any portion of the Portfolio Assets for which any Borrower Entity receives, or has the right to receive, Insurance Proceeds in an amount up to $10,000,000 per occurrence or, in respect of all Borrower Entities, $20,000,000 in the aggregate, which shall have previously been deposited in the Insurance Proceeds Account, the Borrower may elect to use such Insurance Proceeds for the reinstatement, reconstruction, repair or replacement of the damaged Portfolio Asset(s). The Borrower shall notify the Administrative Agent of such election, and the Administrative Agent, when available for disbursement, shall disburse the requested amount from the Insurance Proceeds Account pursuant to Section 5.6(a) hereof. In the event that the Borrower shall elect not to apply the Insurance Proceeds to the reinstatement, reconstruction, repair or replacement of the damaged Portfolio Asset(s), the Administrative Agent shall withdraw the available Insurance Proceeds from the Insurance Proceeds Account and deposit such amount into the Prepayment Account in accordance with Section 5.6(c). (b) In the case of damage to any portion of the Portfolio Assets for which any Borrower Entity receives, or has the right to receive, Insurance Proceeds in an amount in excess of $10,000,000 per occurrence or, in respect of all Borrower Entities, $20,000,000 in the aggregate, but less than $30,000,000 in the aggregate in all instances, which shall have previously been deposited in the Insurance Proceeds Account, the Borrower shall deliver to the Administrative Agent within 45 days after any Borrower Entity shall have obtained actual knowledge of such damage: (i) a breakdown of the nature and extent of damage incurred in reasonable detail; (ii) a bona fide assessment from a contractor reasonably acceptable to the Administrative Agent, (after consultation with the Independent Engineer) estimating the costs and time frame necessary to repair the damaged or affected portion of the Portfolio Assets in order for such portion to operate at, or to be capable of operating at, substantially the same level at which it operated prior to the loss; (iii) a demonstration to the reasonable satisfaction of the Administrative Agent...
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Insurance Failure. If Landlord fails to effect, maintain or renew any Insurance, or to pay the premiums for the same, or to deliver to Tenant any certificates evidencing same after ten (10) days' written notice from Tenant requesting same, then, in addition to any other remedy available to Tenant, Tenant may (but shall not be obligated), upon five (5) days notice to Landlord, procure such insurance. Landlord shall reimburse Tenant for all amounts so paid within ten (10) days after Tenant notifies Landlord of any such payment; and if Tenant does not receive such reimbursement within said ten (10) day period, it shall have the right to set of the costs of such insurance against Rent.
Sample 1
Insurance Failure. So long as the Credit Agreement is in effect and any Lender shall have any Commitment outstanding thereunder, and until the Notes, together with interest and all other Obligations are indefeasibly paid in full and the ConEd Letter of Credit has been terminated: (a) In the case of damage to any portion of the Portfolio Assets for which any Borrower Entity receives, or has the right to receive, Insurance Proceeds in an amount up to $5,000,000 per occurrence or, in respect of all Borrower Entities, $10,000,000 in the aggregate, which shall have previously been deposited in the Insurance Proceeds Account, the Borrower may elect to use such Insurance Proceeds for the reinstatement, reconstruction, repair or replacement of the damaged Portfolio Asset(s). The Borrower shall notify the Administrative Agent of such election, and the Administrative Agent, when available for disbursement, shall disburse the requested amount from the Insurance Proceeds Account pursuant to Section 5.8(a) hereof. In the event that the Borrower shall elect not to apply the Insurance Proceeds to the reinstatement, reconstruction, repair or replacement of the damaged Portfolio Asset(s), the Administrative Agent shall withdraw the available Insurance Proceeds from the Insurance Proceeds Account and deposit such amount into the Prepayment Account in accordance with Section 5.8(c).
Sample 1
Insurance Failure. If either party hereto fails to effect, maintain or renew any Insurance which it is required to effect, maintain or renew hereunder, or to pay the premiums for the same, or to deliver any required certificates, then, in addition to any other remedy available hereunder, the other party hereto may (but shall not be obligated), upon five (5) days notice to the other, procure such insurance. Either party procuring such insurance as provided in the preceding sentence shall be reimbursed by the other within ten (10) days after notifying such other party of any such payment. In the event that Tenant is the party who has procured such insurance under this Section 11(f), Tenant shall also have the option to set off such reimbursement against Rent.
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Related to Insurance Failure

  • Epidemic Failure “Epidemic Failure” for any particular Product shall mean a failure resulting from defects in material, workmanship, and manufacturing process, including but not limited to the use of Components with known defects. The Epidemic Failure clause shall be invoked [***]. The failure rate may be calculated [***], as determined by BUYER. Epidemic failures do not supersede the requirements of any expressed or implied warranty defined herein. In the case of an epidemic failure, SUPPLIER’s obligation is to propose an action plan to fix the failure of any affected Product within seventy-two (72) hours of discovery. SUPPLIER shall implement this action plan upon BUYER’s acceptance thereof. If the action plan is not acceptable to BUYER, BUYER can require SUPPLIER to repair or replace, at BUYER’s option, the affected Product. In addition to bearing the costs associated therewith, if requested by BUYER, SUPPLIER shall support and provide at SUPPLIER’s expense a sufficient number of units of the Product to permit the field exchange or “hot swap” of Products at customer sites. The parties agree to make all reasonable efforts to complete the repair or replacement of all affected Products within eight (8) Business Days after written notice of epidemic failure by BUYER to SUPPLIER. SUPPLIER also agrees that BUYER will be supported with accelerated shipments of replacement Product to cover BUYER’s supply requirements. If an Epidemic Failure is caused by (i) a design, including a BUYER-provided test process, as required by the Specifications or (ii) a failure by a Component required by the Specifications, (iii) misuse or damage during transit or damage by a third party at no fault of SUPPLIER, SUPPLIER shall perform the obligations in this Section 10.5 and BUYER shall pay to SUPPLIER the fees mutually agreed upon by the parties in writing. If an Epidemic Failure is caused by any other reason other than as set forth in the immediately preceding sentence, SUPPLIER shall perform the obligations set forth in this Section free of charge. Confidential treatment is being requested for portions of this document. This copy of the document filed as an exhibit omits the confidential information subject to the confidentiality request. Omissions are designated by the symbol [***]. A complete version of this document has been filed separately with the Securities and Exchange Commission.

  • Disability Coverage In the event a State employee goes on an extended medical disability, or is receiving Workers’ Compensation benefits, the Employer-policyholder shall continue at no cost to the employee the coverage of the group life insurance for such employee for the period of such extended leave, but not beyond two (2) years.

  • Termination Due to Force Majeure Event If the period of Force Majeure continues or is in the reasonable judgment of the Parties likely to continue beyond a period of 120 (one hundred and twenty) Days, the Parties may mutually decide to terminate this Agreement or continue this Agreement on mutually agreed revised terms. If the Parties are unable to reach an agreement in this regard, the Affected Party shall after the expiry of the said period of 120 (one hundred and twenty ) Days be entitled to terminate the Agreement in which event, the provisions of Articles 16 and 17 shall, to the extent expressly made applicable, apply.

  • Insurance Term The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

  • Insurance Reserves Lender may require Grantor to maintain with Lender reserves for payment of insurance premiums, which reserves shall be created by monthly payments from Grantor of a sum estimated by Lender to be sufficient to produce, at least fifteen (15) days before the premium due date, amounts at least equal to the insurance premiums to be paid. If fifteen (15) days before payment is due, the reserve funds are insufficient, Grantor shall upon demand pay any deficiency to Lender. The reserve funds shall be held by Lender as a general deposit and shall constitute a non-interest-bearing account which Lender may satisfy by payment of the insurance premiums required to be paid by Grantor as they become due. Lender does not hold the reserve funds in trust for Grantor, and Lender is not the agent of Grantor for payment of the insurance premiums required to be paid by Grantor. The responsibility for the payment of premiums shall remain Grantor's sole responsibility.

  • Uninsured Casualty Notwithstanding anything to the contrary contained in this Lease, if the Building or the Premises shall be substantially damaged by fire or casualty as the result of a risk not covered by the forms of casualty insurance at the time maintained by Landlord and such fire or casualty damage cannot, in the ordinary course, reasonably be expected to be repaired within ninety (90) days from the time that repair work would commence, Landlord may, at its election, terminate the Term of this Lease by notice to the Tenant given within sixty (60) days after such loss. If Landlord shall give such notice, then this Lease shall terminate as of the date of such notice with the same force and effect as if such date were the date originally established as the expiration date hereof.

  • Insurance Reimbursement If you have a health insurance policy, it will usually provide some coverage for mental health treatment. I will facilitate your receipt of the benefits to which you are entitled including filling out forms and speaking with insurance representatives. You will be held responsible for full payment of our agreed upon fee should your insurance company deny benefits or should your coverage lapse. Therefore, it is very important that you find out exactly what mental health benefits your insurance policy covers. Read your plan carefully and call your service representative if you have questions. Many insurance plans require advance authorization before they will provide reimbursement for mental health services. These plans often are oriented toward a short-term model and provide only a certain amount of sessions per year. Many insurance companies may only authorize a few sessions at a time and I will need to periodically call them to authorize additional sessions. When I call to authorize treatment or continue our sessions, I will provide them with the minimum amount of information needed, usually including a diagnosis, goals for treatment, and a brief summary of your current functioning. It is possible, but very rare, that they would require a copy of my clinical record. This information will become part of insurance company files and is likely to be computerized. All insurance companies claim to keep such information confidential, but once it is in their hands, I have no control over what they do with it. In some cases, they may share the information with a national medical information data bank. By signing this Agreement, you agree that I can provide requested information to your insurance carrier. If you request it, I will provide you with a copy of any report that I am asked to submit. I make it my policy to inform you along the way of where we stand with your insurance company and what kind of information they have requested. Should insurance coverage end for some reason, we can discuss an out-of-pocket session fee. You can always choose to select this option and have the right to pay for my services yourself to avoid the complexities of the insurance industry.

  • Uninsured Loss Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is not an Insured Loss and which falls within the classification of Premises Damage or Premises Building Partial Damage, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from making any substantial use of the Premises, Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage, in which event this Lease shall terminate as of the date of the occurrence of such damage.

  • Insurance The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

  • Insurance Required The Engineer shall secure the insurance specified below. The insurance shall be issued by insurance company(s) acceptable to the City and may be in a policy or policies of insurance, primary or excess. Certificates of all required insurance including any policy endorsements shall be provided to the City prior to or upon the execution of this Agreement.

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