Insurance, Taxes. The amount of any Liabilities for which any of the Buyer Indemnified Parties is entitled to indemnification under this Agreement or in connection with or with respect to the transactions contemplated in this Agreement shall be reduced by any corresponding (i) tax benefit created or generated or (ii) insurance proceeds realized or that could reasonably be expected to be realized by such party if a claim were properly pursued under the relevant insurance arrangements.
Insurance, Taxes. The amount of any Liabilities for which an Indemnified Party is entitled to indemnification under this Agreement shall be reduced by any corresponding net tax benefit or insurance proceeds realized by such Indemnified Party or its Affiliates from third party insurers with respect to such Liabilities (net of any collection costs, and excluding the proceeds of any insurance underwritten by the Indemnified Party or its Affiliates).
Insurance, Taxes. Borrower shall, at Borrower’s sole cost and expense, commencing with the delivery of any Equipment to Borrower and continuing during the Term of each Agreement until Borrower’s Obligations are satisfied in full, procure and maintain such insurance coverage in such amounts (including deductibles), in such form and with responsible insurers, all as satisfactory to Lender (which may on reasonable notice require Borrower to change such form, amount or company), including: (a) comprehensive general liability insurance insuring against liability for property damage, death and bodily injury resulting from the transportation, ownership, possession, use, operation, performance, maintenance, storage, repair or any similar act related to the Equipment, with minimum limits of $1,000,000 per each occurrence (or such other amounts as set forth in such Schedule and notified by Lender), with Lender and Lender’s successors and/or assigns named as additional insured; (b) all risk physical damage insurance against all risks of theft, loss or damage from every cause whatsoever in an amount not less than the greater of the full replacement cost of each item of Equipment or the Payoff Amount, with Lender and Lender’s successors and/or assigns named as lender loss payee; and (c) if reasonably requested by Lender, other or additional coverage. Borrower shall waive Borrower’s rights of subrogation, if any, and have Borrower’s insurance carrier waive its right of subrogation, if any, against Lender for any and all loss or damage. All policies shall contain clauses requiring the insurer to furnish Lender with at least thirty (30) days prior written notice of any material change, cancellation, or nonrenewal of coverage and stating that coverage shall not be invalidated against Lender or Lender’s assigns because of any violation of any condition or warranty contained in any policy or application therefor by Borrower or by reason of any action or inaction of Borrower. Borrower agrees to inform Lender immediately in writing of any notices from, or other communications with, any insurers that may in any way adversely affect the insurance policies being maintained pursuant to this Section or of any insurance claims. No insurance shall be subject to any co-insurance clause. Upon request by Lender, Borrower shall furnish Lender with a certificate of insurance, proper endorsements or other evidence satisfactory to Lender that such insurance coverage are in effect. If Borrower shall fail to c...
Insurance, Taxes. HIRER shall keep the equipment insured against all risk of loss or damage from every cause whatsoever for not less than the full replacement value and shall carry public liability and property damage insurance covering the equipment. HIRER shall keep the equipment free and clear of all levies, liens and encumbrances and shall pay all fees, assessments, charges and taxes which may not or hereafter be imposed upon the ownership, leasing, renting, sale, possession or use of the equipment.
Insurance, Taxes. The amount of any Claims for which any party is entitled to indemnification under this Agreement shall be reduced by any corresponding (a) tax benefit created or generated or (b) insurance proceeds realized by such party if a claim were properly pursued under the relevant insurance arrangements.
Insurance, Taxes. Owner shall inform Manager of insurance to be carried with respect to the Properties and its operations. Manager shall cause such insurance to be procured and kept in effect at all times. Manager shall pay premiums out of the rental income from the Properties, and the premiums will be treated as operating expenses. All insurance will be placed with such companies, on such conditions, in such amounts, and with such beneficial interests appearing thereon as shall be acceptable to the Owner and shall be otherwise in conformity with the mortgage or deed of trust encumbering the Properties. It is provided, however, that such insurance will include public liability coverage, with Manager designated as an insured, in amounts acceptable to Manager as well as Owner. Manager will investigate and furnish Owner with full reports as to all accidents, claims, and potential claims for damage relating to the Properties, and will cooperate with Owner's insurers in connection therewith. Manager, as Owner's broker, will survey, recommend and, on the approval of the recommendations, place agreed upon insurance coverage for the Properties. As the insurance broker, Manager will be responsible for offering Owner insurance coverage normally available for the Properties involved, with reliable companies, as well as for expediting loss adjustments and maintaining records of insurance requirements of tenants. In addition, Manager will act on behalf of Owner in attempting to conclude claims or disputes with insurance companies. An engineering inspection for the safety and protection of Owner's Properties shall be arranged whenever possible with the insurance carrier, at no cost to Owner. Owner agrees to consider all reasonable recommendations as a result of the inspection to minimize both the cost of insurance and the possibility of bodily injury, personal injury, property damage, and loss of rental income. Manager shall be responsible for maintaining workers' compensation insurance and fidelity bonds covering its personnel who are engaged in the operation of the Properties. Manager shall at all times on behalf of Owner maintain public liability insurance in the minimum amount of One Million Dollars ($1,000,000) for any single occurrence of bodily injury or property damage. Manager shall pay real property taxes and other taxes levied and assessed against the Properties. Manager shall withhold from gross revenues an amount equal to the estimated annual taxes and then pay such taxes fr...
Insurance, Taxes. Customer agrees that it shall obtain and maintain property damage and liability insurance and keep the Equipment insured for its full replacement value, name Hologic as an additional insured with respect thereto and, upon the request of Hologic, will provide a certificate of insurance acceptable to Hologic evidencing such insurance coverage. Customer agrees to pay for, or reimburse Hologic for payment of, all sales, use, privilege, excise, personal property or other taxes imposed or levied with respect to the Equipment or by reason of the furnishing of the Equipment hereunder.
Insurance, Taxes. In no case does the purchase price of the Products and/or Services (“Purchase Price”), even if inclusive of freight, cover the cost of any insurance; however, if the route selected involves movement of the Products by common carrier for which the freight rate does not include insurance, AE may at its option, or upon Customer’s instruction, procure insurance which amount Customer shall reimburse to AE. Unless otherwise provided on the Work Order, the Purchase Price is exclusive of, and Customer is responsible for, all sales, value added, use and like taxes and any applicable customs duties, import licenses, excise fees or tariffs. AE will invoice Customer for all applicable taxes unless Customer supplies an appropriate and valid tax exemption certificate.
Insurance, Taxes. Landlord will pay all real estate taxes and maintain insurance on Landlord’s interest in the Real Estate. Tenant shall insure its interest in the Real Estate and maintain liability insurance that names Landlord as an additional named insured.
Insurance, Taxes. In no case does the purchase price of the Products and/or Services (“Purchase Price”), even if inclusive of freight, cover the cost of any insurance; however, if the route selected involves movement of the Products by common carrier for which the freight rate does not include insurance, LS may at its option, or upon Customer’s instruction, procure insurance which amount Customer shall reimburse to LS. Unless otherwise provided on the Work Order, the Purchase Price is exclusive of, and Customer is responsible for, all sales, value added, use and like taxes and any applicable customs duties, import licenses, excise fees or tariffs. LS will invoice Customer for all applicable taxes unless Customer supplies an appropriate and valid tax exemption certificate.
