Insurance to be Maintained by the Group. (a) During the term of this Agreement, the Group shall maintain comprehensive professional medical/malpractice liability insurance with such carrier as determined jointly by Administrator and the Group with minimum legal limits or such higher limits as shall be required under the Group's contracts with hospitals or other third parties. Such insurance shall be on a per claim and per physician basis and a separate limit for the Group to the extent available and permitted by law with such deductible as is mutually agreeable by Administrator and the Group. All comprehensive professional medical/malpractice liability insurance premiums and deductibles shall be included in Practice Expenses; provided, that if the Group elects to maintain coverage that exceeds minimum requirements, such additional premiums shall be included in Excluded Practice Expenses. All costs, expenses and liabilities incurred by the Group in excess of the limits of such policies identified in the preceding sentence shall be included in Excluded Practice Expenses. Administrator, Parent or their Affiliates shall attempt to secure excess liability for the types of coverages contemplated by this Section 9.1(a). If successful, the Group shall have the opportunity to purchase at Administrator's cost, as an Excluded Practice Expense, such coverage to the extent permitted by the then-applicable restrictions set forth in such policy. (b) The Group, Administrator and Parent each waives any right one may have against the other, to the extent allowed by the waiving party's insurance coverage, on account of any loss or damage occasioned to any party by another party, their respective real and personal property, the Premises or its contents, arising from any risk generally covered by fire and extended coverage insurance or from vandalism or malicious mischief; and the parties, on behalf of their respective insurance companies, waive any right to subrogation, except when such loss or damage is due to the gross negligence or willful misconduct of the other party.
Appears in 11 contracts
Samples: Service Agreement (American Physician Partners Inc), Service Agreement (American Physician Partners Inc), Service Agreement (American Physician Partners Inc)
Insurance to be Maintained by the Group. (a) During the term of this Agreement, the Group shall maintain comprehensive professional medical/malpractice liability insurance with such carrier as determined jointly by Administrator and the Group with minimum legal limits or such higher limits as shall be required under the Group's contracts with hospitals or other third parties. Such insurance shall be on a per claim and per physician basis and a separate limit for the Group to the extent available and permitted by law with such deductible as is mutually agreeable by Administrator and the Group. All comprehensive professional medical/malpractice liability insurance premiums and deductibles shall be included in Practice Expenses; provided, that if the Group elects to maintain coverage that exceeds minimum requirements, such additional premiums shall be included in Excluded Practice Expensesconsidered a Professional Expense. All costs, expenses and liabilities incurred by the Group in excess of the limits of such policies identified in the preceding sentence shall be included in Excluded Practice Expensesconsidered a Professional Expense. Administrator, Parent or their Affiliates shall may attempt to secure excess liability for the types of coverages contemplated by this Section 9.1(a). If successful, the Group shall have the opportunity to purchase at Administrator's cost, without xxxx-up, as an Excluded Practice a Professional Expense, such coverage to the extent permitted by the then-applicable restrictions set forth in such policy.
(b) The Group, Administrator and Parent each waives any right one may have against the other, to the extent allowed by the waiving party's insurance coverage, on account of any loss or damage occasioned to any party by another party, their respective real and personal property, the Premises or its contents, arising from any risk generally covered by fire and extended coverage insurance or from vandalism or malicious mischief; and the parties, on behalf of their respective insurance companies, waive any right to subrogation, except when such loss or damage is due to the gross negligence or willful misconduct of the other party.
Appears in 2 contracts
Samples: Service Agreement (Radiologix Inc), Service Agreement (Radiologix Inc)
Insurance to be Maintained by the Group. (a) During the term of this Agreement, the Group shall maintain comprehensive professional medical/malpractice liability insurance with such carrier as determined jointly by Administrator and the Group with minimum legal limits or such higher limits as shall be required under the Group's ’s contracts with hospitals or other third parties. Such insurance shall be on a per claim and per physician basis and a separate limit for the Group to the extent available and permitted by law with such deductible as is mutually agreeable by Administrator and the Group. All comprehensive professional medical/malpractice liability insurance premiums and deductibles shall be included in Practice Expenses; provided, that if the Group elects to maintain coverage that exceeds minimum requirements, such additional premiums shall be included in Excluded Practice Expenses. All costs, expenses and liabilities incurred by the Group in excess of the limits of such policies identified in the preceding sentence shall be included in Excluded Practice Expenses. Administrator, Parent or their Affiliates shall attempt to secure excess liability for the types of coverages contemplated by this Section 9.1(a). If successful, the Group shall have the opportunity to purchase at Administrator's ’s cost, as an Excluded Practice Expense, such coverage to the extent permitted by the then-applicable restrictions set forth in such policy.
(b) The Group, Administrator and Parent each waives any right one may have against the other, to the extent allowed by the waiving party's ’s insurance coverage, on account of any loss or damage occasioned to any party by another party, their respective real and personal property, the Premises or its contents, arising from any risk generally covered by fire and extended coverage insurance or from vandalism or malicious mischief; and the parties, on behalf of their respective insurance companies, waive any right to subrogation, except when such loss or damage is due to the gross negligence or willful misconduct of the other party.
Appears in 1 contract
Samples: Service Agreement (Radiologix Inc)
Insurance to be Maintained by the Group. (a) During the term of this Agreement, the Group shall maintain comprehensive professional medical/malpractice liability insurance with such carrier as determined jointly by Administrator and the Group with minimum legal limits or such higher limits as shall be required under the Group's contracts with hospitals or other third parties. Such insurance shall be on a per claim and per physician basis and a separate limit for the Group to the extent available and permitted by law with such deductible as is mutually agreeable by Administrator and the Group. All comprehensive professional medical/malpractice liability insurance premiums and deductibles shall be included in Practice Expenses; provided, that if the Group elects to maintain coverage that exceeds minimum requirements, such additional premiums shall be included in Excluded Practice Expensesconsidered a Professional Expense. All costs, expenses and liabilities incurred by the Group in excess of the limits of such policies identified in the preceding sentence shall be included in Excluded Practice Expensesconsidered a Professional Expense. Administrator, Parent or their Affiliates shall may attempt to secure excess liability for the types of coverages contemplated by this Section 9.1(a). If successful, the Group shall have the opportunity to purchase at Administrator's cost, without mark-up, as an Excluded Practice a Professional Expense, such coverage to the extent permitted permxxxxd by the then-applicable restrictions set forth in such policy.
(b) The Group, Administrator and Parent each waives any right one may have against the other, to the extent allowed by the waiving party's insurance coverage, on account of any loss or damage occasioned to any party by another party, their respective real and personal property, the Premises or its contents, arising from any risk generally covered by fire and extended coverage insurance or from vandalism or malicious mischief; and the parties, on behalf of their respective insurance companies, waive any right to subrogation, except when such loss or damage is due to the gross negligence or willful misconduct of the other party.
Appears in 1 contract
Samples: Service Agreement (Radiologix Inc)
Insurance to be Maintained by the Group. (a) During the term of this Agreement, the Group shall maintain comprehensive professional medical/malpractice liability insurance with such carrier as determined jointly by Administrator and the Group with minimum legal limits or such higher limits as shall be required under the Group's contracts with hospitals or other third parties. Such insurance shall be on a per claim and per physician basis and a separate limit for the Group to the extent available and permitted by law with such deductible as is mutually agreeable by Administrator and the Group. All comprehensive professional medical/malpractice liability insurance premiums and deductibles shall be included in Practice Expenses; provided, that if the Group elects to maintain coverage that exceeds minimum requirements, such additional premiums shall be included in Excluded Practice Expenses. All costs, expenses and liabilities incurred by the Group in excess of the limits of such policies identified in the preceding sentence shall be included in Excluded Practice Expenses. Administrator, Parent or their Affiliates shall attempt to secure excess liability for the types of coverages contemplated by this Section 9.1(a). If successful, the Group shall have the opportunity to purchase at Administrator's cost, as an Excluded Practice Expense, such coverage to the extent permitted by the then-applicable restrictions set forth in such policy.
(b) The Group, Administrator and Parent each waives any right one may have against the other, to the extent allowed by the waiving party's insurance coverage, on account of any loss or damage occasioned to any party by another party, their respective real and personal property, the Premises or its contents, arising from any risk generally covered by fire and extended coverage insurance or from vandalism or malicious mischief; and the parties, on behalf of their respective insurance companies, waive any right to subrogation, except when such loss or damage is due to the gross negligence or willful misconduct of the other party.respective
Appears in 1 contract
Samples: Service Agreement (American Physician Partners Inc)
Insurance to be Maintained by the Group. (a) During the term of this Agreement, the Group shall maintain comprehensive professional medical/malpractice liability insurance with such carrier as determined jointly by Administrator and the Group with minimum legal limits or such higher limits as shall be required under the Group's contracts with hospitals or other third parties. Such insurance shall be on a per claim and per physician basis and a separate limit for the Group to the extent available and permitted by law with such deductible as is mutually agreeable by Administrator and the Group. All comprehensive professional medical/malpractice liability insurance premiums and deductibles shall be included in Practice Expenses; provided, that if the Group elects to maintain coverage that exceeds minimum requirements, such additional premiums shall be included in Excluded Practice Expensesconsidered a Professional Expense. All costs, expenses and liabilities incurred by the Group in excess of the limits of such policies identified in the preceding sentence shall be included in Excluded Practice Expensesconsidered a Professional Expense. Administrator, Parent or their Affiliates shall may attempt to secure excess liability for the types of coverages contemplated by this Section 9.1(a). If successful, the Group shall have the opportunity to purchase at Administrator's cost, without mark-up, as an Excluded Practice a Professional Expense, such coverage to the extent permitted permixxxx by the then-applicable restrictions set forth in such policy.
(b) The Group, Administrator and Parent each waives any right one may have against the other, to the extent allowed by the waiving party's insurance coverage, on account of any loss or damage occasioned to any party by another party, their respective real and personal property, the Premises or its contents, arising from any risk generally covered by fire and extended coverage insurance or from vandalism or malicious mischief; and the parties, on behalf of their respective insurance companies, waive any right to subrogation, except when such loss or damage is due to the gross negligence or willful misconduct of the other party.
Appears in 1 contract
Samples: Service Agreement (Radiologix Inc)