Insurance Policy Requirements. All insurance policies shall be issued and maintained by insurers, in amounts, with deductibles, limits and retentions and in forms satisfactory to Holder. All insurance policies shall require at least ten (10) days’ prior written notice to Holder of any cancellation for nonpayment of premiums and at least thirty (30) days’ prior written notice to Holder of any other cancellation or any change of coverage. All insurance companies must be licensed to do business in the state in which the Property is located and must have A. M. Best Company financial and performance ratings of A-:IX or better. All insurance policies maintained, or caused to be maintained, by Grantor with respect to the Property, except for general liability insurance, shall provide that each such policy shall be primary without right of contribution from any other insurance that may be carried by Grantor, Holder or any Lender and that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured. If any insurer which has issued a policy of hazard, liability or other insurance required pursuant to this Deed of Trust or any other Loan Document becomes insolvent or the subject of any petition, case, proceeding or other action pursuant to any Debtor Relief Law or if in Holder’s reasonable opinion the financial responsibility of such insurer is or becomes inadequate, Grantor shall, upon its discovery thereof or upon request by Holder therefor, promptly obtain and deliver to Holder, at Grantor’s expense in each instance, a like policy (or, if and to the extent permitted by Holder, acceptable evidence of insurance) issued by another insurer, which insurer and policy meet the requirements of this Deed of Trust or such other Loan Document, as the case may be. Without limiting the discretion of Holder with respect to required endorsements to insurance policies, all such policies for loss of or damage to the Property shall contain a standard mortgagee clause (without contribution) naming Holder as mortgagee for the benefit of itself and Lenders with loss proceeds payable to Holder on behalf of itself and Lenders notwithstanding (i) any act, failure to act or negligence of or violation of any warranty, declaration or condition contained in any such policy by any named or additional insured, (ii) the occupation or use of the Property for purposes more hazardous than permitted by the terms of any such policy, (iii) any foreclosure or other action by Holder or Lenders under the Loan Documents, or (iv) any change in title to or ownership of the Property or any portion thereof, such proceeds to be held for application as provided in the Loan Documents. The originals of each initial insurance policy (or to the extent permitted by Xxxxxx, a copy of the original policy and such evidence of insurance as may be acceptable to Holder) shall be delivered to Holder at the time of execution of this Deed of Trust, with all premiums fully paid current, and each renewal or substitute policy (or evidence of insurance) shall be delivered to Holder, with all premiums fully paid current, at least ten (10) days before the termination of the policy it renews or replaces. Grantor shall pay all premiums on policies required hereunder as they become due and payable and promptly deliver to Holder evidence satisfactory to Holder of the timely payment thereof.
Appears in 8 contracts
Samples: Second Lien Deed of Trust (Prospect Medical Holdings Inc), Second Lien Deed of Trust (Prospect Medical Holdings Inc), Second Lien Deed of Trust (Prospect Medical Holdings Inc)
Insurance Policy Requirements. (i) All insurance provided by the Operator as required hereunder shall name the Operator as named insured and the City and Agreement Administrator as additional named insureds, additional insureds, and loss payees on the property policies to the extent, where applicable, of their respective insurable interests in the Heliport, and the City and Agreement Administrator and their respective directors, officers, agents, members, representatives, officials, and employees as additional insureds on the liability policies, and shall be primary with respect to any other coverage which the City and Agreement Administrator may obtain;
(ii) The liability insurance policies shall be specifically state that it is issued “in accordance with the Agreement dated as of [INSERT DATE] between The City Of New York acting by and maintained by insurersthrough the New York City Department of Small Business Services and Firstflight Heliports, in amounts, with deductibles, limits and retentions and in forms satisfactory to Holder. LLC D/B/A Saker Aviation Services;
(iii) All insurance must be provided by companies that are authorized to issue such policies by the New York State Department of Insurance and have an A.M. Best rating of at least A- / VII or better by A.M. Best Company (or comparable rating by Standard & Poors or other industry-recognized rating agency) acceptable to the Agreement Administrator unless prior written approval is obtained from the Agreement Administrator;
(iv) All policies shall require at least ten provide coverage from certified and non-certified terrorism; and
(10v) days’ prior written notice Each policy of insurance required to Holder be obtained by the Operator as herein provided shall contain to the extent obtainable and whether or not an additional premium shall be required in connection therewith (i) a provision that no act or omission or negligence of the Operator or any other named insured or violation of warranties, declarations or conditions by the Operator or any other named insured shall affect or limit the obligation of the insurance company to pay the amount of any cancellation for nonpayment of premiums and loss sustained, (ii) an agreement by the insurer that such policy shall not be cancelled or modified without at least thirty (30) days’ days prior written notice to Holder the City and Agreement Administrator, (iii) an agreement that the coverage afforded by the insurance policy shall not be affected by the performance of any other cancellation work in or any change of coverage. All insurance companies must be licensed to do business in about the state in which the Property is located and must have A. M. Best Company financial and performance ratings of A-:IX Heliport or better. All insurance policies maintained, or caused to be maintained, by Grantor with respect to the Property, except for general liability insurance, shall provide that each such policy shall be primary without right of contribution from any other insurance that may be carried by Grantor, Holder or any Lender and that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured. If any insurer which has issued a policy of hazard, liability or other insurance required pursuant to this Deed of Trust or any other Loan Document becomes insolvent or the subject of any petition, case, proceeding or other action pursuant to any Debtor Relief Law or if in Holder’s reasonable opinion the financial responsibility of such insurer is or becomes inadequate, Grantor shall, upon its discovery thereof or upon request by Holder therefor, promptly obtain and deliver to Holder, at Grantor’s expense in each instance, a like policy (or, if and to the extent permitted by Holder, acceptable evidence of insurance) issued by another insurer, which insurer and policy meet the requirements of this Deed of Trust or such other Loan Document, as the case may be. Without limiting the discretion of Holder with respect to required endorsements to insurance policies, all such policies for loss of or damage to the Property shall contain a standard mortgagee clause (without contribution) naming Holder as mortgagee for the benefit of itself and Lenders with loss proceeds payable to Holder on behalf of itself and Lenders notwithstanding (i) any act, failure to act or negligence of or violation of any warranty, declaration or condition contained in any such policy by any named or additional insured, (ii) the occupation or use of the Property Heliport by the Operator for purposes more hazardous than those permitted by the terms of any such policy, (iiiiv) a waiver by the insurer of any foreclosure claim for insurance premiums against the City or Agreement Administrator or any named insured other action than the Operator, and (v) a waiver of subrogation on all policies other than Disability by Holder or Lenders under the Loan Documentsinsurer of any right to recover the amount of any loss resulting from the negligence of the Operator, the City, the Agreement Administrator, or (iv) any change in title to their respective directors, officers, agents, members, representatives, officials, employees, or ownership of the Property or any portion thereof, such proceeds to be held for application as provided in the Loan Documents. The originals of each initial insurance policy (or to the extent permitted by Xxxxxx, a copy of the original policy and such evidence of insurance as may be acceptable to Holder) shall be delivered to Holder at the time of execution of this Deed of Trust, with all premiums fully paid current, and each renewal or substitute policy (or evidence of insurance) shall be delivered to Holder, with all premiums fully paid current, at least ten (10) days before the termination of the policy it renews or replaces. Grantor shall pay all premiums on policies required hereunder as they become due and payable and promptly deliver to Holder evidence satisfactory to Holder of the timely payment thereoflicensees.
Appears in 2 contracts
Samples: Interim Concession Agreement (Saker Aviation Services, Inc.), Interim Concession Agreement
Insurance Policy Requirements. All of the insurance required under Section 14.1 shall name Landlord and its designee(s) as additional insureds on a primary and non-contributory basis and all insurance policies required under subsections (b) through (d) of Section 14.1 shall be issued in the names and for the benefit of Landlord, its designee(s), and Tenant. For greater certainty, all additional insureds listed on the Tenant’s policy shall have the benefit of coverage limits equal to the greater of (i) the full amount of the Tenant’s policy, and (ii) the amount of insurance required to be maintained by Tenant hereunder. A true and certified copy of each Tenant insurance policy with endorsement providing for Landlord's interest as named insured and/or a Standard Xxxxx 27 Form Certificate of Insurance evidencing insurance coverage and confirming the Landlord as additional insured, with the wording "will endeavor to" removed from the cancellation clause and providing a minimum of thirty (30) days written notice to the Landlord, shall be provided to Landlord without demand throughout the Term. Such policies shall be issued and maintained by insurers, in amounts, with deductibles, limits and retentions and in forms one or more responsible insurance companies satisfactory to HolderLandlord with a minimum Best Rating of A-XI and approved to do business in Florida. All such insurance policies may be carried under a blanket policy covering the Premises and any other of Tenant's stores and shall require at least ten contain endorsements that (101) days’ such insurance may not be canceled or amended with respect to Landlord (or its designee[s]), except upon thirty (30) days prior written notice to Holder of any cancellation Landlord (and such designee[s]), by the insurance company; and (2) Tenant shall be solely responsible for nonpayment payment of premiums for such insurance. In the event Tenant fails to furnish or maintain such insurance as outlined in Section 14.1 (a through e) PRIOR TO OR SIMULTANEOUSLY WITH THE POSSESSION DATE, the Landlord may obtain such insurance and at least thirty (30) days’ prior written notice to Holder of any other cancellation or any change of coverage. All insurance companies must the premiums shall be licensed to do business in the state in which the Property is located and must have A. M. Best Company financial and performance ratings of A-:IX or better. All insurance policies maintained, or caused to be maintained, paid by Grantor with respect Tenant to the Property, except for general liability insurance, shall provide that each such policy shall be primary without right of contribution from any other insurance that may be carried by Grantor, Holder or any Lender and that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured. If any insurer which has issued a policy of hazard, liability or other insurance required pursuant to this Deed of Trust or any other Loan Document becomes insolvent or the subject of any petition, case, proceeding or other action pursuant to any Debtor Relief Law or if in Holder’s reasonable opinion the financial responsibility of such insurer is or becomes inadequate, Grantor shall, Landlord upon its discovery thereof or upon request by Holder therefor, promptly obtain and deliver to Holder, at Grantor’s expense in each instance, a like policy (or, if and to the extent permitted by Holder, acceptable evidence of insurance) issued by another insurer, which insurer and policy meet the requirements of this Deed of Trust or such other Loan Document, as the case may be. Without limiting the discretion of Holder with respect to required endorsements to insurance policies, all such policies for loss of or damage to the Property shall contain a standard mortgagee clause (without contribution) naming Holder as mortgagee for the benefit of itself and Lenders with loss proceeds payable to Holder on behalf of itself and Lenders notwithstanding (i) any act, failure to act or negligence of or violation of any warranty, declaration or condition contained in any such policy by any named or additional insured, (ii) the occupation or use of the Property for purposes more hazardous than permitted by the terms of any such policy, (iii) any foreclosure or other action by Holder or Lenders under the Loan Documents, or (iv) any change in title to or ownership of the Property or any portion thereof, such proceeds to be held for application as provided in the Loan Documents. The originals of each initial insurance policy (or to the extent permitted by Xxxxxx, a copy of the original policy and such evidence of insurance as may be acceptable to Holder) shall be delivered to Holder at the time of execution of this Deed of Trust, with all premiums fully paid current, and each renewal or substitute policy (or evidence of insurance) shall be delivered to Holder, with all premiums fully paid current, at least ten (10) days before the termination of the policy it renews or replaces. Grantor shall pay all premiums on policies required hereunder as they become due and payable and promptly deliver to Holder evidence satisfactory to Holder of the timely payment thereofdemand.
Appears in 1 contract
Samples: Lease Agreement
Insurance Policy Requirements. (i) All insurance provided by the Operator as required hereunder shall name the Operator as named insured and the City and Agreement Administrator as additional named insureds, additional insureds, and loss payees to the extent, where applicable, of their respective insurable interests in the Heliport and shall be primary with respect to any other coverage which the City and Agreement Administrator may obtain.
(ii) The liability insurance policies shall be specifically state that it is issued “in accordance with the Agreement dated as of [INSERT DATE] between The City Of New York acting by and maintained by insurersthrough the New York City Department of Small Business Services and Firstflight Heliports, in amounts, with deductibles, limits and retentions and in forms satisfactory to Holder. LLC D/B/A Saker Aviation Services.
(iii) All insurance must be provided by companies that are authorized to issue such policies by the New York State Department of Insurance and have an A.M. Best rating of at least A- / VII or better by A.M. Best Company acceptable to the Agreement Administrator unless prior written approval is obtained from the Agreement Administrator.
(iv) All policies shall require at least ten provide coverage from certified and non-certified terrorism.
(10v) days’ prior written notice Each policy of insurance required to Holder be obtained by the Operator as herein provided shall contain to the extent obtainable and whether or not an additional premium shall be required in connection therewith (i) a provision that no act or omission or negligence of the Operator or any other named insured or violation of warranties, declarations or conditions by the Operator or any other named insured shall affect or limit the obligation of the insurance company to pay the amount of any cancellation for nonpayment of premiums and loss sustained, (ii) an agreement by the insurer that such policy shall not be cancelled or modified without at least thirty (30) days’ days prior written notice to Holder the City and Agreement Administrator, (iii) an agreement that the coverage afforded by the insurance policy shall not be affected by the performance of any other cancellation work in or any change of coverage. All insurance companies must be licensed to do business in about the state in which the Property is located and must have A. M. Best Company financial and performance ratings of A-:IX Heliport or better. All insurance policies maintained, or caused to be maintained, by Grantor with respect to the Property, except for general liability insurance, shall provide that each such policy shall be primary without right of contribution from any other insurance that may be carried by Grantor, Holder or any Lender and that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured. If any insurer which has issued a policy of hazard, liability or other insurance required pursuant to this Deed of Trust or any other Loan Document becomes insolvent or the subject of any petition, case, proceeding or other action pursuant to any Debtor Relief Law or if in Holder’s reasonable opinion the financial responsibility of such insurer is or becomes inadequate, Grantor shall, upon its discovery thereof or upon request by Holder therefor, promptly obtain and deliver to Holder, at Grantor’s expense in each instance, a like policy (or, if and to the extent permitted by Holder, acceptable evidence of insurance) issued by another insurer, which insurer and policy meet the requirements of this Deed of Trust or such other Loan Document, as the case may be. Without limiting the discretion of Holder with respect to required endorsements to insurance policies, all such policies for loss of or damage to the Property shall contain a standard mortgagee clause (without contribution) naming Holder as mortgagee for the benefit of itself and Lenders with loss proceeds payable to Holder on behalf of itself and Lenders notwithstanding (i) any act, failure to act or negligence of or violation of any warranty, declaration or condition contained in any such policy by any named or additional insured, (ii) the occupation or use of the Property Heliport by the Operator for purposes more hazardous than those permitted by the terms of any such policy, (iii) any foreclosure or other action by Holder or Lenders under the Loan Documents, or (iv) a waiver by the insurer of any change in title claim for insurance premiums against the City or Agreement Administrator or any named insured other than the Operator, and (v) a waiver of subrogation by the insurer of any right to or ownership recover the amount of any loss resulting from the negligence of the Property Operator, the City, the Agreement Administrator, their agents, employees or any portion thereof, such proceeds to be held for application as provided in the Loan Documents. The originals of each initial insurance policy (or to the extent permitted by Xxxxxx, a copy of the original policy and such evidence of insurance as may be acceptable to Holder) shall be delivered to Holder at the time of execution of this Deed of Trust, with all premiums fully paid current, and each renewal or substitute policy (or evidence of insurance) shall be delivered to Holder, with all premiums fully paid current, at least ten (10) days before the termination of the policy it renews or replaces. Grantor shall pay all premiums on policies required hereunder as they become due and payable and promptly deliver to Holder evidence satisfactory to Holder of the timely payment thereoflicensees.
Appears in 1 contract
Samples: Concession Agreement
Insurance Policy Requirements. All 1. Each liability Insurance Policy shall: -- --------------------------------------
(a) be written by an insurance policies company reasonably acceptable to Ryder (it being understood that an insurance company rated A- or better by A.M. Best & Company is acceptable);
(b) name TRS as an insured, and be amended to name Ryder, its employees, officers, directors, contractors, agents and affiliates (each an "Additional Insured") as additional insureds as their interests may appear;
(c) provide that if such insurance is cancelled, or any material change is made in the coverage which affects the interest of any Additional Insured, such cancellation or change shall not be issued and maintained by insurers, in amounts, with deductibles, limits and retentions and in forms satisfactory effective as to Holder. All insurance policies shall require at least the Additional Insured for ten (10) days’ prior days after receipt by the Additional Insured of written notice to Holder from such insurers of any cancellation for nonpayment of premiums and at least thirty (30) days’ prior written notice to Holder of any other such cancellation or any change of coverage. All insurance companies must be licensed to do business in the state in which the Property is located and must have A. M. Best Company financial and performance ratings of A-:IX or better. All insurance policies maintained, or caused to be maintained, by Grantor with respect to the Property, except for general liability insurance, shall provide that each such policy shall change;
(d) be primary and without right of contribution from any other insurance which is carried by, or otherwise available to, any Additional Insured;
(e) provide that may in respect of the interests of any Additional Insured in such policies, the insurance shall not be carried invalidated by Grantor, Holder any action or inaction of TRS or any Lender other Person and shall insure each Additional Insured regardless of any breach or violation of any warranty, declaration or condition contained in such policies by TRS or any other Person;
(f) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insuredAdditional Insured; and
(g) in accordance with the terms and conditions of the contractual liability coverage provided by such Insurance Policy, insure the obligations of TRS to indemnify the Additional Insureds hereunder. If any insurer which has issued a policy The first Twenty-Five Million Dollars ($25,000,000) of hazard, automobile liability or other insurance required pursuant to this Deed and general liability insurance shall each be on an occurrence form. The first Twenty-Five Million Dollars of Trust or any other Loan Document becomes insolvent or the automobile liability insurance shall not be subject of any petition, case, proceeding or other action pursuant to any Debtor Relief Law or if in Holder’s reasonable opinion annual aggregate limit of liability. * CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED.
2. Each liability Insurance Policy and any all-risks Insurance Policy of TRS which covers vehicles shall waive any rights of subrogation against the financial responsibility of such insurer is or becomes inadequate, Grantor shall, upon its discovery thereof or upon request by Holder therefor, promptly obtain and deliver to Holder, at Grantor’s expense in each instance, a like policy (or, if and to the extent permitted by Holder, acceptable evidence of insurance) issued by another insurer, which insurer and policy meet the requirements of this Deed of Trust or such other Loan Document, as the case may be. Without limiting the discretion of Holder with respect to required endorsements to insurance policies, all such policies for loss of or damage to the Property shall contain a standard mortgagee clause (without contribution) naming Holder as mortgagee for the benefit of itself and Lenders with loss proceeds payable to Holder on behalf of itself and Lenders notwithstanding (i) any act, failure to act or negligence of or violation of any warranty, declaration or condition contained in any such policy by any named or additional insured, (ii) the occupation or use of the Property for purposes more hazardous than permitted by the terms of any such policy, (iii) any foreclosure or other action by Holder or Lenders under the Loan Documents, or (iv) any change in title to or ownership of the Property or any portion thereof, such proceeds to be held for application as provided in the Loan Documents. The originals of each initial insurance policy (or to the extent permitted by Xxxxxx, a copy of the original policy and such evidence of insurance as may be acceptable to Holder) shall be delivered to Holder at the time of execution of this Deed of Trust, with all premiums fully paid current, and each renewal or substitute policy (or evidence of insurance) shall be delivered to Holder, with all premiums fully paid current, at least ten (10) days before the termination of the policy it renews or replaces. Grantor shall pay all premiums on policies required hereunder as they become due and payable and promptly deliver to Holder evidence satisfactory to Holder of the timely payment thereofAdditional Insureds.
Appears in 1 contract
Insurance Policy Requirements. A. All policies of insurance policies shall be issued and maintained by insurers, in amounts, with deductibles, limits and retentions and in forms satisfactory to Holder. All insurance policies shall require at least ten (10) days’ prior written notice to Holder of any cancellation for nonpayment of premiums and at least thirty (30) days’ prior written notice to Holder of any other cancellation or any change of coverage. All insurance companies must be with a general policy holder’s rating of not less than A- and a financial rating of not less than Class X as rated in the most current “Best’s Insurance Reports” and licensed to do business in the state in which where the Property is located and must have A. M. Best Company financial and performance ratings of A-:IX or better. All insurance policies maintained, or caused authorized to be maintained, by Grantor with respect to the Property, except for general liability insurance, shall provide that each issue such policy or policies;
B. All policies of insurance shall be written as primary without right policies not contributing with and not in excess of contribution from any other insurance coverage that may be carried by GrantorKeter, Holder or any Lender and that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured. If any insurer which has issued a policy of hazard, liability or other insurance required pursuant to this Deed of Trust or any other Loan Document becomes insolvent or the subject of any petition, case, proceeding or other action pursuant to any Debtor Relief Law or if in Holder’s reasonable opinion the financial responsibility of such insurer is or becomes inadequate, Grantor shall, upon its discovery thereof or upon request by Holder therefor, promptly obtain and deliver to Holder, at Grantor’s expense in each instance, a like policy (or, if and to the extent permitted by Holder, acceptable evidence of insurance) issued by another insurer, which insurer and policy meet the requirements of this Deed of Trust or such other Loan Document, as the case may be. Without limiting the discretion of Holder with respect to required endorsements to insurance policies, all such policies for loss of or damage to the Property shall contain a standard mortgagee clause (without contribution) naming Holder as mortgagee for the benefit of itself and Lenders with loss proceeds payable to Holder on behalf of itself and Lenders notwithstanding (i) any act, failure to act or negligence of or violation of any warranty, declaration or condition contained in any such policy by any named or additional insured, (ii) the occupation or use of the Property for purposes more hazardous than permitted by the terms of any such policy, (iii) any foreclosure or other action by Holder or Lenders under the Loan Documents, or (iv) any change in title to or ownership Owner of the Property or any portion thereof, such proceeds to be held for application as provided in the Loan Documents. The originals of each initial insurance policy (or to the extent permitted by Xxxxxx, a copy Managing Agent of the Property may carry;
C. Hauler shall have the right to insure and maintain the insurance policies required by this Agreement under blanket insurance coverage so long as such blanket insurance policies comply with the types and amounts of insurance and other requirements stated in this Agreement;
D. All policies of insurance procured by Hauler shall contain endorsements providing that such insurance may not be materially changed, amended or canceled with respect to any term, condition or provision of such insurance with regard to or in any way affecting Keter, the Owner of the Property and the Managing Agent of the Property except after thirty (30) days prior written notice from the insurance company to Keter, the Owner of the Property and the Managing Agent of the Property;
E. Hauler shall be solely responsible for the payment of all premiums under such policies and Keter, the Owner of the Property and the Managing Agent of the Property shall have no obligation thereof; and
F. The original policy and such evidence of insurance as may be acceptable to Holder) or policies, or duly executed certificates for the same, shall be delivered to Holder at Keter, the time Owner of execution the Property, and Managing Agent of the Property prior to the Service Start Date of this Deed Agreement and upon renewals of Trust, with all premiums fully paid current, and each renewal or substitute policy (or evidence of insurance) shall be delivered to Holder, with all premiums fully paid current, at least such policies not less than ten (10) business days before prior to the termination expiration of the policy it renews or replaces. Grantor shall pay all premiums on policies required hereunder as they become due and payable and promptly deliver to Holder evidence satisfactory to Holder of the timely payment thereofany such coverage.
Appears in 1 contract
Samples: Hauler Service Agreement
Insurance Policy Requirements. (i) All insurance provided by the Operator as required hereunder shall name the Operator as named insured and the City and Agreement Administrator as additional named insureds, additional insureds, and loss payees to the extent, where applicable, of their respective insurable interests in the Heliport and shall be primary with respect to any other coverage which the City and Agreement Administrator may obtain.
(ii) The liability insurance policies shall be specifically state that it is issued “in accordance with the Agreement dated as of May 1, 2023 between The City Of New York acting by and maintained by insurersthrough the New York City Department of Small Business Services and Firstflight Heliports, in amounts, with deductibles, limits and retentions and in forms satisfactory to Holder. LLC D/B/A Saker Aviation Services”.
(iii) All insurance must be provided by companies that are authorized to issue such policies by the New York State Department of Insurance and have an A.M. Best rating of at least A- / VII or better by A.M. Best Company acceptable to the Agreement Administrator unless prior written approval is obtained from the Agreement Administrator.
(iv) All policies shall require at least ten provide coverage from certified and non-certified terrorism.
(10v) days’ prior written notice Each policy of insurance required to Holder be obtained by the Operator as herein provided shall contain to the extent obtainable and whether or not an additional premium shall be required in connection therewith (i) a provision that no act or omission or negligence of the Operator or any other named insured or violation of warranties, declarations or conditions by the Operator or any other named insured shall affect or limit the obligation of the insurance company to pay the amount of any cancellation for nonpayment of premiums and loss sustained, (ii) an agreement by the insurer that such policy shall not be cancelled or modified without at least thirty (30) days’ days prior written notice to Holder the City and Agreement Administrator, (iii) an agreement that the coverage afforded by the insurance policy shall not be affected by the performance of any other cancellation work in or any change of coverage. All insurance companies must be licensed to do business in about the state in which the Property is located and must have A. M. Best Company financial and performance ratings of A-:IX Heliport or better. All insurance policies maintained, or caused to be maintained, by Grantor with respect to the Property, except for general liability insurance, shall provide that each such policy shall be primary without right of contribution from any other insurance that may be carried by Grantor, Holder or any Lender and that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured. If any insurer which has issued a policy of hazard, liability or other insurance required pursuant to this Deed of Trust or any other Loan Document becomes insolvent or the subject of any petition, case, proceeding or other action pursuant to any Debtor Relief Law or if in Holder’s reasonable opinion the financial responsibility of such insurer is or becomes inadequate, Grantor shall, upon its discovery thereof or upon request by Holder therefor, promptly obtain and deliver to Holder, at Grantor’s expense in each instance, a like policy (or, if and to the extent permitted by Holder, acceptable evidence of insurance) issued by another insurer, which insurer and policy meet the requirements of this Deed of Trust or such other Loan Document, as the case may be. Without limiting the discretion of Holder with respect to required endorsements to insurance policies, all such policies for loss of or damage to the Property shall contain a standard mortgagee clause (without contribution) naming Holder as mortgagee for the benefit of itself and Lenders with loss proceeds payable to Holder on behalf of itself and Lenders notwithstanding (i) any act, failure to act or negligence of or violation of any warranty, declaration or condition contained in any such policy by any named or additional insured, (ii) the occupation or use of the Property Heliport by the Operator for purposes more hazardous than those permitted by the terms of any such policy, (iii) any foreclosure or other action by Holder or Lenders under the Loan Documents, or (iv) a waiver by the insurer of any change in title claim for insurance premiums against the City or Agreement Administrator or any named insured other than the Operator, and (v) a waiver of subrogation by the insurer of any right to or ownership recover the amount of any loss resulting from the negligence of the Property Operator, the City, the Agreement Administrator, their agents, employees or any portion thereof, such proceeds to be held for application as provided in the Loan Documents. The originals of each initial insurance policy (or to the extent permitted by Xxxxxx, a copy of the original policy and such evidence of insurance as may be acceptable to Holder) shall be delivered to Holder at the time of execution of this Deed of Trust, with all premiums fully paid current, and each renewal or substitute policy (or evidence of insurance) shall be delivered to Holder, with all premiums fully paid current, at least ten (10) days before the termination of the policy it renews or replaces. Grantor shall pay all premiums on policies required hereunder as they become due and payable and promptly deliver to Holder evidence satisfactory to Holder of the timely payment thereoflicensees.
Appears in 1 contract
Samples: Temporary Use Authorization Agreement (Saker Aviation Services, Inc.)
Insurance Policy Requirements. All 1. Each liability Insurance Policy shall:
(a) be written by an insurance policies company reasonably acceptable to * (it being understood that an insurance company rated A- or better by A.M. Best & Company is acceptable);
(b) name * as an insured, and be amended to name * , its employees, officers, directors, contractors, agents and affiliates (each an "Additional Insured") as additional insureds as their interests may appear;
(c) provide that if such insurance is cancelled, or any material change is made in the coverage which affects the interest of any Additional Insured, such cancellation or change shall not be issued and maintained by insurers, in amounts, with deductibles, limits and retentions and in forms satisfactory effective as to Holder. All insurance policies shall require at least the Additional Insured for ten (10) days’ prior days after receipt by the Additional Insured of written notice to Holder from such insurers of any cancellation for nonpayment of premiums and at least thirty (30) days’ prior written notice to Holder of any other such cancellation or any change of coverage. All insurance companies must be licensed to do business in the state in which the Property is located and must have A. M. Best Company financial and performance ratings of A-:IX or better. All insurance policies maintained, or caused to be maintained, by Grantor with respect to the Property, except for general liability insurance, shall provide that each such policy shall change;
(d) be primary and without right of contribution from any other insurance which is carried by, or otherwise available to, any Additional Insured;
(e) provide that may in respect of the interests of any Additional Insured in such policies, the insurance shall not be carried invalidated by Grantor, Holder any action or inaction of * or any Lender other Person and shall insure each Additional Insured regardless of any breach or violation of any warranty, declaration or condition contained in such policies by * or any other Person;
(f) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insuredAdditional Insured; and
(g) in accordance with the terms and conditions of the contractual liability coverage provided by such * CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. If any insurer which has issued a policy Insurance Policy, insure the obligations of hazard, * to indemnify the Additional Insureds hereunder. The first * of automobile liability or other insurance required pursuant to this Deed and general liability insurance shall each be on an occurrence form. The first * of Trust or any other Loan Document becomes insolvent or the automobile liability insurance shall not be subject of any petition, case, proceeding or other action pursuant to any Debtor Relief Law or if in Holder’s reasonable opinion annual aggregate limit of liability.
2. Each liability Insurance Policy and any all-risks Insurance Policy of * which covers vehicles shall waive any rights of subrogation against the financial responsibility of such insurer is or becomes inadequate, Grantor shall, upon its discovery thereof or upon request by Holder therefor, promptly obtain and deliver to Holder, at Grantor’s expense in each instance, a like policy (or, if and to the extent permitted by Holder, acceptable evidence of insurance) issued by another insurer, which insurer and policy meet the requirements of this Deed of Trust or such other Loan Document, as the case may be. Without limiting the discretion of Holder with respect to required endorsements to insurance policies, all such policies for loss of or damage to the Property shall contain a standard mortgagee clause (without contribution) naming Holder as mortgagee for the benefit of itself and Lenders with loss proceeds payable to Holder on behalf of itself and Lenders notwithstanding (i) any act, failure to act or negligence of or violation of any warranty, declaration or condition contained in any such policy by any named or additional insured, (ii) the occupation or use of the Property for purposes more hazardous than permitted by the terms of any such policy, (iii) any foreclosure or other action by Holder or Lenders under the Loan Documents, or (iv) any change in title to or ownership of the Property or any portion thereof, such proceeds to be held for application as provided in the Loan Documents. The originals of each initial insurance policy (or to the extent permitted by Xxxxxx, a copy of the original policy and such evidence of insurance as may be acceptable to Holder) shall be delivered to Holder at the time of execution of this Deed of Trust, with all premiums fully paid current, and each renewal or substitute policy (or evidence of insurance) shall be delivered to Holder, with all premiums fully paid current, at least ten (10) days before the termination of the policy it renews or replaces. Grantor shall pay all premiums on policies required hereunder as they become due and payable and promptly deliver to Holder evidence satisfactory to Holder of the timely payment thereofAdditional Insureds.
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