Insurances and Indemnities. 6.1 The Buyer agrees that for a period of 2 (two years) from Delivery, it will procure that each of the Seller Indemnitees be named as an additional insured in accordance with clause 18.2 of the Lease. On or before Delivery, the Lessee or the Buyer shall deliver to the Seller a certificate and broker's undertaking (each in form and substance satisfactory to the Seller), in respect of such insurance.
Insurances and Indemnities. 4.1 The user/hirer shall at its own cost, effect and at all times during the terms of this agreement and any extension thereof keep in full force a policy of Public Risk Insurance (with an authorised Underwriter) with respect to the Tocumwal Pool and the activities carried out at the Tocumwal Pool for a minimum amount of $20million. The relevant policy or policies shall name Xxxxxxxx Shire Council as owner and any persons designated by Council as mortgagee or otherwise and the user. The user/hirer shall deliver to Xxxxxxxx Shire Council on demand, a copy of the relevant policy and a current certificate of insurance. The user/hirer unconditionally releases Xxxxxxxx Shire Council from all claims, suits, demands, actions or proceedings (whether at law, in equity or arising under any statute) arising out of or in connection with an act, default or omission of the user/hirer or any of the user/hirer’s agents. The user/hirer agrees not to xxx or make any claim or demand against Council in respect to matters covered by this release.
4.2 The user/hirer indemnifies Xxxxxxxx Shire Council from and against all actions, claims, costs, losses, expenses and damages (including the costs of defending or settling any action or claim) in respect to:
4.2.1 Loss of, damage to property of Council; or
4.2.2 Personal injury (including death) or illness to any person or loss of/loss of use of, or damage to any property;
4.2.3 Resulting from or by reason of anything done or omitted to be done by the user/hirer arising out of the user/hirer’s activities undertaken at or near the Tocumwal Pool.
4.3 The user/hirer’s liability to indemnify Xxxxxxxx Shire Council is reduced proportionally to the extent that any negligent act or omission of Council or its employees has contributed to the injury, damage or loss.
Insurances and Indemnities. 7.1 The Licensee must take out, maintain and provide proof of appropriate insurance including comprehensive insurance on the Vessel and public risk insurance in respect of the Vessel for at least $10 million for any single accident. The Licensee must notify the Licensor when insurance is obtained and of any changes to cover.
7.2 The Licensee is liable for and indemnifies the Licensor against any liability arising from the Vessel or a breach of the Agreement by the Licensee.
Insurances and Indemnities. 11.1. The Customer must take out and maintain:-
(a) public liability insurance in respect of the Vessel for at least $10,000,000 in respect of any single accident;
(b) comprehensive marine insurance for the Vessel;
(c) third party insurance on the Vessel; and
(d) any other insurance reasonably required by the Marina Company.
Insurances and Indemnities. 8.1 Tenant's insurance 6 8.2 Tenant's policies 7
Insurances and Indemnities. 11.1 The Customer must purchase insurance from EquipmentShare for the duration of the Rental Period unless EquipmentShare has agreed to the Customer making their own insurance arrangements for the Equipment.
11.2 If a claim is made on the insurance provided by EquipmentShare, the Customer will pay to EquipmentShare the following excess payments immediately on demand:
(a) In-use Excess of 2.5% of Equipment value ($2500 minimum); and
(b) Static Excess of 1% of Equipment value ($1000 minimum).
11.3 If the Customer is making their own insurance arrangements:
(a) The Customer’s insurance policy must note the interests of EquipmentShare as lessor of the Equipment, and the Equipment Owner;
(b) The insurance arrangements must be approved by EquipmentShare, their creditors and insurers;
(c) The Customer warrants that their insurance policy meets the following requirements:
(i) The Equipment will be insured for its full insurable replacement value;
(ii) The Customer will be insured against public liability to property or persons caused by the Customer or by the use of the Equipment for the duration of the Rental Period;
(d) The Customer will punctually pay all premiums and costs payable for the insurance and will comply with all requirements under the policy;
(e) Any excess payable under the insurance policy will be paid by the Customer on demand;
(f) The Customer will apply all insurance proceeds recovered and in the Customer’s control to the repair or replacement of the Equipment as directed by EquipmentShare in its sole discretion. The Customer will not apply any proceeds recovered to any other property or purpose without first obtaining written consent from EquipmentShare;
(g) The Customer accepts all liability for all costs, losses, and damages to the Equipment including loss of ability to re-hire the Equipment and loss of revenue and any loss of or damage to vehicles and property of third parties arising during the Rental period regardless of whether their insurer covers or pays out these costs; and
(h) The Customer will provide EquipmentShare with all documentation requested by EquipmentShare to establish that the insurance held is satisfactory including a Certificate of Insurance and/or Letter of Endorsement verifying that the Customer holds and carries policies meeting the above criteria and containing the specified endorsements;
11.4 The Customer indemnifies EquipmentShare for the full cost of repair or replacement of the Equipment for any damage or loss c...
Insurances and Indemnities. 11.1. The Owner must take out and maintain:
11.1.1. Third Party Public Liability Insurance for a minimum sum of $20,000,000;
11.1.2. public risk insurance for at least $5,000,000.00 in respect of any single accident;
11.1.3. comprehensive insurance on the Vessel for its market value, from time to time; and
11.1.4. any other insurance reasonably required by GCCM.
11.2. The Owner must give GCCM evidence that it has taken out adequate insurance and give GCCM immediate notice if any insurance policy is cancelled.
11.3. The Owner must not:
11.3.1. do anything which may affect any rights under any insurance policy taken out by GCCM or other person; or
11.3.2. store chemicals, inflammable or volatile liquids or substances in the Vessel other than as is reasonably necessary, in such quantities as are reasonably required and in the appropriate approved safety containers.
11.4. The Owner is liable for and indemnifies GCCM against any liability for any Claim arising from:
11.4.1. the use by the Owner or the Owner’s Associates of the Berth, the Complex or the Vessel;
11.4.2. any damage, loss, injury or death caused or contributed by any act, omission, negligence or default of the Owner or the Owner’s Associates;
11.4.3. the sale of the Vessel under clause 13.3.3; and
11.4.4. any breach by the Owner of this Agreement. 11.5. GCCM may enforce any indemnity before incurring an expense.
Insurances and Indemnities. 5.1 Indemnity fromthe Client
5.1.1 any injury or damage whatsoever to any property, real or personal, in so far as any such injury or damage arises out of or in the course of or by reason of the operation of this Agreement;
5.1.2 any injury to or disease contracted by or the death of any person whomsoever arising out of or in the course of or caused by the operation of this Agreement;
5.1.3 any other loss or damage, whether direct, indirect or consequential, sustained by Irish Water arising out of or in the course of or by reason of the operation of this Agreement .
Insurances and Indemnities. ARTICLE 6
Insurances and Indemnities. 11.1 The Customer must take out and maintain:
11.1.1 Third Party Public Liability Insurance for a minimum sum of $20,000,000;
11.1.2 public risk insurance for at least $5,000,000.00 in respect of any single accident;
11.1.3 comprehensive insurance on the Vessel for its market value, from time to time; and
11.1.4 any other insurance reasonably required by GCCM.
11.2 The Customer must give GCCM evidence that it has taken out adequate insurance and give GCCM immediate notice if any insurance policy is cancelled.
11.3 The Customer must not:
11.3.1 do anything which may affect any rights under any insurance policy taken out by GCCM or other person; or
11.3.2 store chemicals, inflammable or volatile liquids or substances in the Vessel other than as is reasonably necessary, in such quantities as are reasonably required and in the appropriate approved safety containers.
11.4 The Customer is liable for and indemnifies GCCM against any liability for any Claim arising from:
11.4.1 the use by the Customer or the Customer's Associates of the Dry Berth, the Complex or the Vessel;
11.4.2 any damage, loss, injury or death caused or contributed by any act, omission, negligence or default of the Customer or the Cu stomer's Associates;
11.4.3 the sale of the Vessel under clause 13.3.3; and
11.4.4 a breach by the Customer of this Agreement.
11.5 GCCM may enforce any indemnity before incurring an expense.
11.6 The Customer releases GCCM from, and agrees that GCCM is not liable for any Claim arising from:
11.6.1 any damage, loss, injury or death unless it is caused by the act, negligence or default of GCCM;
11.6.2 anything GCCM is permitted to do under this Agreement including the sale of the Vessel under clause 13.3.3;
11.6.3 any defect in or faulty operation of any Service; or
11.6.4 the Common Areas not being clean.
11.7 The Customer acknowledges that the Vessel and all property which may be on the Dry Berth, or the Vessel during the Term is at the sole risk of the Customer.
