Insurance loss. Customer agrees to look exclusively to Customer’s insurer to recover for injury or damage in the event of any covered loss or injury, and releases and waives all right of recovery against Compute North for any covered loss or injury.
Insurance loss. Customer agrees to look exclusively to Customer’s insurer to recover for injury or damage in the event of any loss or injury, and releases and waives all right of recovery against APLD.
Insurance loss. (a) Lessee shall obtain and maintain for the entire Rental Term (and any renewal or extension thereof, at its own expense, property damage and personal injury liability insurance and insurance against loss or damage to the Equipment including, without limitation, loss by fire (including so-called extended coverage), theft and such other risks or loss as are customarily insured against on the types of Equipment leased hereunder and by the types of business in which the Equipment will be used by Lessee, in such amounts, in such form and with such insurers as shall be satisfactory to Lessor, provided however, that the amount of insurance against loss or damage to the Equipment shall not be less than the greater of the replacement value of the Equipment, the original Equipment cost to Lessor, and the applicable Stipulated Loss Value (if any) for this Lease. Each insurance policy will memo Lessee as an in insured and Lessor as an additional insured or loss payee thereof, and shall contain a clause requiring the insurer to give Lessor at least 30 days prior written notice of any alterations in the terms of such policy or of the cancellation thereof. Lessee shall furnish to Lessor a certificate of insurance or other evidence satisfactory to Lessor that such insurance coverage is in effect; provided, however, that Lessor shall be under no duty other to ascertain the existence of or to examine such insurance policy or to advise Lessee in the event such insurance coverage shall not comply with the requirements hereof. Lessee further agrees to give Lessor prompt notice of any damage to, or loss of, the Equipment, or any part thereof.
(b) If any terms of Equipment shall become lost, stolen, destroyed or damaged beyond repair for any reason, or in the event of condemnation, confiscation, seizure or requisition of title to or use of such items. Lessee shall promptly pay to Lessor the applicable Stipulated Loss Value (if any) for this Lease, and in the absence of such Stipulated Loss Value. Lessee shall pay the aggregate unpaid Unit Rental Payments for the full, remaining Rental Term for such items or Equipment plus the Equipment's fair market value at the expiration of the Rental Term, as estimated by Lessor, less the net amount of the recover, if any, received by Lessor from insurance or otherwise for such loss or damage. Upon payment by Lessee as aforesaid, Lessor will transfer to Lessee, without recourse or warranty, all of Lessor's right, title and interest, if any,...
Insurance loss. 22.1. Licensee shall maintain, at its sole expense, the following insurance coverage, with a financially sound insurance company having an A.M. Best Rating of A-(VI) or better, throughout the term of this Agreement and for a period of three (3) years after its expiration or termination: (i) worker's compensation, occupational disease, employer's liability (with limits of not less than $1 million for bodily injury by accident for each accident, and $1 million for bodily injury by disease for each employee), disability benefit and other similar insurance required under laws of the state that apply to the activities to be performed by Licensee under this Agreement; (ii) commercial general liability insurance including products liability, blanket contractual liability, personal injury and advertising liability coverage with a combined single limit of $3 million per occurrence for bodily injury, including death and property damage; (iii) comprehensive automotive liability insurance for both owned and non-owned vehicles used by Licensee either on or away from premises with a combined single limit of $1 million per occurrence for bodily injury, including death and property damage; and (iv) umbrella excess liability insurance, with a combined single limit of $2 million per occurrence for bodily injury, including death and property damage.
22.2. Licensee shall ensure that OXFORD INDUSTRIES, INC., it's subsidiaries, divisions (including TOMMY BAHAMA GROUP, INC.), joint ventures, directors, officxxx, employees, agents and assigns, shall be named as additional insureds with respect to the insurance described in clause (ii) through (iv) of Section 22.
1. Licensee shall, within ten (10) days after execution of this Agreement, deliver to Licensor a certificate of such insurance from the insurance carriers, describing the scope of coverage and the limits of liability, naming the additional insureds required by this Section 22 and providing that the policy may not be canceled or amended without at least thirty (30) days prior written notice to Licensor.
22.3. Regardless of any limited liability associated with Section 24 of this Agreement, in the event of partial loss or destruction of any Licensed Products due to an unanticipated event such as, but not limited to, fire, water damage, vandalism, or transport mishap, Licensee must gain approval from Licensor, in writing, before any methods of salvage or destruction of the Licensed Products are used. Under no circumstances w...
Insurance loss. From and after the date hereof until the Closing Date, Seller shall maintain insurance with reputable insurance companies, to the extent and in the manner maintained as of the Effective Date, on Acquired Assets, and Seller shall bear the risk of any loss or damage with respect to any Acquired Assets arising from any event occurring on or prior to the Closing Date. In the event of any loss or damage, whether or not insured, on or prior to the Closing Date to any of the Acquired Assets, Buyer at its option may:
(a) Require Seller to pay over to Buyer all proceeds of insurance received by it or any of it's Affiliates with respect to such loss or damage and assign to Buyer all rights of Seller or any of it's Affiliates to receive any insurance proceeds to be paid with respect to such loss or damage; or
(b) Refuse to accept delivery of such damaged Acquired Assets and reduce the promissory note payable pursuant to Section 2.2 by an amount equal to the net book value of such damaged Acquired Asset, as determined by Buyer in its sole discretion; provided that if any such loss or damage, or the aggregate losses or damages hereunder, shall, in Buyer’s judgment, result in a Material Adverse Effect on the operations or business of the Clinics, Buyer at its option by giving written notice to Seller may (without incurring any liability of any kind or nature whatsoever) terminate this Agreement and all of Buyer's obligations under this Agreement.
Insurance loss. Customer agrees to look exclusively to Customer's insurer to recover for injury or damage in the event of any loss or injury, and releases and waives all right of recovery against Trinity Mining Technologies .
Insurance loss. Insurance loss run for the prior three years related to the construction repairs identified on Schedule 5.1.7 hereto.
Insurance loss. Stockholders shall cause the Company to maintain insurance with reputable insurance companies, to the extent and in the manner maintained as of the date hereof on the Assets, and Stockholders shall bear the risk of any uninsured loss or damage with respect to any Assets arising from any event occurring on or prior to the Closing Date. In the event of any loss or damage in excess of $25,000 whether or not insured, on or prior to the Closing Date to any of the Assets, Boots & Xxxxx at its option, may terminate this Agreement by giving written notice to the Company and Stockholders on or before the Closing Date.
Insurance loss. 19.1 Licensee shall maintain, at its sole expense, and shall ensure that any and all of its Sublicensee(s) maintain, at their sole expense, the following insurance coverage, with a financially sound insurance company having an [****], throughout the term of this Agreement [****]: (i) [****].
19.2 Licensee shall, within [****] after execution of this Agreement, deliver to Licensor a certificate of such insurance from the insurance carriers, describing the scope of coverage and the limits of liability required by this Section 19 and providing that the policy may not be canceled or amended without [****] prior written notice to Licensor.
19.3 Licensor shall maintain, at its sole expense, the following insurance coverage, with a financially sound insurance company having [****], throughout the Contract Term [****]: [****]. Confidential
19.4 Licensor shall, within [****] after execution of this Agreement, deliver to Licensee a certificate of such insurance from the insurance carriers, describing the scope of coverage and the limits of liability required by this Section 19 and providing that the policy may not be canceled or amended without at least [****] prior written notice to Licensee.
Insurance loss. Licensee shall maintain, at its sole expense, the following insurance coverage, with a financially sound insurance company having an A.M. Best Rating of A-(VI) or better, throughout the term of this Agreement and for a period of three (3) years after its expiration or termination: (i) worker’s compensation, occupational disease, employer’s liability (with limits of not less than $1 million for bodily injury by accident for each accident, and $1 million for bodily injury by disease for each employee), disability benefit and other similar insurance required under laws of the state that apply to the activities to be performed by Licensee under this Agreement; (ii) commercial general liability insurance including products liability, blanket contractual liability, personal injury and advertising liability coverage with a combined single limit of $3 million per occurrence for bodily injury, including death and property damage; (iii) comprehensive automotive liability insurance for both owned and non-owned vehicles used by Licensee either on or away from premises with a combined single limit of $1 million per occurrence for bodily injury, including death and property damage; and (iv) umbrella excess liability insurance, with a combined single limit of $2 million per occurrence for bodily injury, including death and property damage.
