Common use of Liability Insurance and Indemnity Clause in Contracts

Liability Insurance and Indemnity. (a) To provide or use its reasonable endeavours to procure that its Sub-licensees agree to provide bodily injury and property damage liability insurance in each country within the Territory in at least the minimum legal amount for such country or the amount extended to customers in such country by companies of similar international stature, whichever is the greater. In addition to the renter, such insurance shall protect as an insured, Licensee, the appropriate Sub-licensee, Licensor, its parent, subsidiaries and affiliates, members of the renter’s immediate family, and his employer and employees where authorised by the renter to use the motor vehicle rented. It shall be a violation of this Agreement for Licensee to rent vehicles without providing insurance in the amounts which it has so notified Licensor it is providing. Licensee shall also procure that insurance is made available in the type and in the minimum amounts specified in agreements entered into by Licensor with certain corporate customers and to which Licensee agrees in writing. (b) At its option, when and on the terms and conditions of the program then offered to Licensee by Licensor, to pay the stipulated amount (the “DIC” charge) for bodily injury and property damage liability insurance coverage relating to claims, suits or proceedings, instituted and maintained outside of the Territory but which arise, in whole or in part, from accidents, events, incidents or transactions occurring in the Territory or involving a vehicle owned by Licensee. Licensor shall advise Licensee in writing promptly at the beginning of each fiscal year during which the program will be available to Licensee of the amount of such charge. Such amount shall, if Licensee has opted to participate in the program, be paid to Licensor within thirty (30) days after receipt by Licensee of Licensor’s notice of the amount to be paid. It is specifically agreed that Licensee is not paying a premium nor is Licensee buying insurance. (c) To indemnify and save Licensor, its parent, subsidiaries and affiliates, harmless from all loss, cost, liability and expense, including attorney’s fees, incurred in connection with or arising out of the operation of Licensee’s businesses unless caused by the acts of Licensor, its agents or servants. Licensor, when defending any suits or claims which would be covered by the indemnity by Licensee shall consult with Licensee on such defence and shall not settle any suit or claim without the prior consent or Licensee. (d) So long as Licensee shall perform and carry out all the terms, covenants, conditions and provisions of this License Agreement, and shall exercise its option to pay the DIC charge as provided above, Licensee shall be relieved of any obligation to indemnify and save harmless in connection with any claim, suit or proceeding instituted and maintained outside the Territory and which would normally be covered by the insurance maintained by Licensee as provided in Section 4.1(a) had such claim, suit or proceeding been instituted and maintained within the Territory.

Appears in 1 contract

Samples: System License Agreement (Avis Budget Group, Inc.)

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Liability Insurance and Indemnity. (a) To provide or use its reasonable endeavours to procure that its Sub-licensees agree to provide Tenant shall, during all terms hereof, keep in full force and effect a policy of public bodily injury and property damage liability insurance in each country within with respect to the Territory in at least Premises, with a combined single limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. The policy shall name Landlord, Property Manager (i.e., Woodbury Corporation) and any other persons, firms or corporations designated by Landlord and Tenant as insured, and shall contain a clause that the minimum legal amount for such country insurer will not cancel or change the amount extended insurance without first giving the Landlord and Property Manager twenty (20) days prior written notice. Such insurance shall include an endorsement permitting Landlord and Property Manager to customers recover damage suffered due to act or omission of Tenant, notwithstanding being named as an additional “Insured party” in such country policies. Such insurance may be furnished by companies Tenant under any blanket policy carried by it or under a separate policy therefor. The insurance shall be with an insurance company reasonably approved by Landlord, which approval shall not unreasonably be withheld, and a copy of similar international stature, whichever is the greater. In addition paid-up policy evidencing such insurance or a certificate of insurer certifying to the renter, issuance of such insurance shall protect as an insured, Licensee, the appropriate Sub-licensee, Licensor, its parent, subsidiaries and affiliates, members of the renter’s immediate family, and his employer and employees where authorised by the renter to use the motor vehicle rented. It policy shall be a violation of this Agreement for Licensee delivered to rent vehicles without providing insurance in the amounts which it has Landlord. If Tenant fails to provide such insurance, Landlord may do so notified Licensor it is providingand charge same to Tenant. Licensee shall also procure that insurance is made available in the type Tenant will indemnify, defend and in the minimum amounts specified in agreements entered into by Licensor with certain corporate customers hold Landlord harmless from and to which Licensee agrees in writing. (b) At its option, when against any and on the terms and conditions of the program then offered to Licensee by Licensor, to pay the stipulated amount (the “DIC” charge) for bodily injury and property damage liability insurance coverage relating to all claims, suits or proceedingsactions, instituted and maintained outside of the Territory but which arise, in whole or in part, from accidents, events, incidents or transactions occurring in the Territory or involving a vehicle owned by Licensee. Licensor shall advise Licensee in writing promptly at the beginning of each fiscal year during which the program will be available to Licensee of the amount of such charge. Such amount shall, if Licensee has opted to participate in the program, be paid to Licensor within thirty (30) days after receipt by Licensee of Licensor’s notice of the amount to be paid. It is specifically agreed that Licensee is not paying a premium nor is Licensee buying insurance. (c) To indemnify and save Licensor, its parent, subsidiaries and affiliates, harmless from all loss, costdamages, liability and expense, including attorney’s fees, incurred expense in connection with loss of life, personal injury and/or damage to property arising from or arising out of any occurrence in, upon or at the operation Premises or from the occupancy or use by Tenant of Licensee’s businesses the Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, sublessees, concessionaires or business invitees unless caused by the acts negligence of Licensor, its agents or servants. Licensor, when defending any suits or claims which would be Landlord and to the extent not covered by the indemnity its fire, casualty and liability insurance. In case Landlord shall, without fault of its part, be made a party to any litigation commenced by Licensee or against Tenant, then Tenant shall consult with Licensee on such defence protect and hold Landlord harmless and shall not settle any suit pay all costs, expenses and reasonable attorney fees incurred or claim without paid by either in defending itself or enforcing the prior consent or Licensee. (d) So long as Licensee shall perform covenants and carry out all the terms, covenants, conditions and provisions agreements of this License Agreement, and shall exercise its option to pay the DIC charge as provided above, Licensee shall be relieved of any obligation to indemnify and save harmless in connection with any claim, suit or proceeding instituted and maintained outside the Territory and which would normally be covered by the insurance maintained by Licensee as provided in Section 4.1(a) had such claim, suit or proceeding been instituted and maintained within the TerritoryLease.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Lipocine Inc.)

Liability Insurance and Indemnity. (a) To provide or use its reasonable endeavours to procure that its Sub-licensees agree to provide Tenant shall, during all terms hereof, keep in full force and effect a policy of public bodily injury and property damage liability insurance in each country within with respect to the Territory in at least Premises, with a combined single limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. The policy shall name Landlord, Property Manager (i.e., Woodbury Corporation) and any other persons, firms or corporations designated by Landlord and Tenant as additional insureds, and shall contain a clause that the minimum legal amount for such country insurer will not cancel or reduce the amount extended insurance without first giving the Landlord ten (10) days prior written notice. Such insurance shall include an endorsement permitting Landlord and Property Manager to customers recover damage suffered due to act or omission of Tenant, notwithstanding being named as an additional “Insured party” in such country policies. Such insurance may be furnished by Tenant under any blanket policy carried by it or under a separate policy therefor. All insurance required hereunder shall be written by reputable, responsible companies licensed in the State of similar international statureUtah. Upon request, whichever is a copy of the greater. In addition paid-up policy evidencing such insurance or a certificate of insurer certifying to the renter, issuance of such insurance shall protect as an insured, Licensee, the appropriate Sub-licensee, Licensor, its parent, subsidiaries and affiliates, members of the renter’s immediate family, and his employer and employees where authorised by the renter to use the motor vehicle rented. It policy shall be a violation of this Agreement for Licensee delivered to rent vehicles without providing insurance in the amounts which it has Landlord. If Tenant fails to provide such insurance, Landlord may do so notified Licensor it is providingand charge same to Tenant. Licensee shall also procure that insurance is made available in the type Tenant will indemnify, defend and in the minimum amounts specified in agreements entered into by Licensor with certain corporate customers hold Landlord harmless from and to which Licensee agrees in writing. (b) At its option, when against any and on the terms and conditions of the program then offered to Licensee by Licensor, to pay the stipulated amount (the “DIC” charge) for bodily injury and property damage liability insurance coverage relating to all claims, suits or proceedingsactions, instituted and maintained outside of the Territory but which arise, in whole or in part, from accidents, events, incidents or transactions occurring in the Territory or involving a vehicle owned by Licensee. Licensor shall advise Licensee in writing promptly at the beginning of each fiscal year during which the program will be available to Licensee of the amount of such charge. Such amount shall, if Licensee has opted to participate in the program, be paid to Licensor within thirty (30) days after receipt by Licensee of Licensor’s notice of the amount to be paid. It is specifically agreed that Licensee is not paying a premium nor is Licensee buying insurance. (c) To indemnify and save Licensor, its parent, subsidiaries and affiliates, harmless from all loss, costdamages, liability and expense, including attorney’s fees, incurred expense in connection with loss of life, personal injury and/or damage to property arising from or arising out of any occurrence in, upon or at the operation Premises or from the occupancy or use by Tenant of Licensee’s businesses the Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, sublessees, concessionaires or business invitees unless caused by the acts negligence of Licensor, its agents or servants. Licensor, when defending any suits or claims which would be Landlord and to the extent not covered by the indemnity its casualty or liability insurance. In case Landlord shall, without fault of its part, be made a party to any litigation commenced by Licensee or against Tenant, then Tenant shall consult with Licensee on such defence protect and hold Landlord harmless and shall not settle any suit pay all costs, expenses and reasonable attorney fees incurred or claim without paid by either in defending itself or enforcing the prior consent or Licensee. (d) So long as Licensee shall perform covenants and carry out all the terms, covenants, conditions and provisions agreements of this License Agreement, and shall exercise its option to pay the DIC charge as provided above, Licensee shall be relieved of any obligation to indemnify and save harmless in connection with any claim, suit or proceeding instituted and maintained outside the Territory and which would normally be covered by the insurance maintained by Licensee as provided in Section 4.1(a) had such claim, suit or proceeding been instituted and maintained within the TerritoryLease.

Appears in 1 contract

Samples: Lease Agreement (Cybersource Corp)

Liability Insurance and Indemnity. (a) To provide or use its reasonable endeavours to procure that its Sub-licensees agree to provide Tenant shall, during all terms hereof, keep in full force and effect a policy of public bodily injury and property damage liability insurance in each country within with respect to the Territory in at least Premises, with a combined single limit of not less than One Million Dollars ($1,f000,000.00) per occurrence. The policy shall name Landlord, Property Manager (i.e., Woodbury Corporation) and any other persons, firms or corporations designated by Landlord and Tenant as insureds, and shall contain a clause that the minimum legal amount for such country insurer will not cancel or change the amount extended insurance without first giving the Landlord ten (10) days prior written notice. Such insurance shall include an endorsement permitting Landlord and Property Manager to customers recover damage suffered due to act or omission of Tenant, notwithstanding being named as an additional "Insured party" in such country policies. Such insurance may be furnished by companies Tenant under any blanket policy carried by it or under a separate policy therefor. The insurance shall be with an insurance company approved by Landlord and a copy of similar international stature, whichever is the greater. In addition paid-up policy evidencing such insurance or a certificate of insurer certifying to the renter, issuance of such insurance shall protect as an insured, Licensee, the appropriate Sub-licensee, Licensor, its parent, subsidiaries and affiliates, members of the renter’s immediate family, and his employer and employees where authorised by the renter to use the motor vehicle rented. It policy shall be a violation of this Agreement for Licensee delivered to rent vehicles without providing insurance in the amounts which it has Landlord. If Tenant fails to provide such insurance, Landlord may do so notified Licensor it is providingand charge same to Tenant. Licensee shall also procure that insurance is made available in the type Tenant will indemnify, defend and in the minimum amounts specified in agreements entered into by Licensor with certain corporate customers hold Landlord harmless from and to which Licensee agrees in writing. (b) At its option, when against any and on the terms and conditions of the program then offered to Licensee by Licensor, to pay the stipulated amount (the “DIC” charge) for bodily injury and property damage liability insurance coverage relating to all claims, suits or proceedingsactions, instituted and maintained outside of the Territory but which arise, in whole or in part, from accidents, events, incidents or transactions occurring in the Territory or involving a vehicle owned by Licensee. Licensor shall advise Licensee in writing promptly at the beginning of each fiscal year during which the program will be available to Licensee of the amount of such charge. Such amount shall, if Licensee has opted to participate in the program, be paid to Licensor within thirty (30) days after receipt by Licensee of Licensor’s notice of the amount to be paid. It is specifically agreed that Licensee is not paying a premium nor is Licensee buying insurance. (c) To indemnify and save Licensor, its parent, subsidiaries and affiliates, harmless from all loss, costdamages, liability and expense, including attorney’s fees, incurred expense in connection with loss of life, personal injury and/or damage to property arising from or arising out of any occurrence in, upon or at the operation Premises or from the occupancy or use by Tenant of Licensee’s businesses the Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, sublessees, concessionaires or business invitees unless caused by the acts negligence of Licensor, its agents or servants. Licensor, when defending any suits or claims which would be Landlord and to the extent not covered by the indemnity its fire, casualty and liability insurance. In case Landlord shall, without fault of its part, be made a party to any litigation commenced by Licensee or against Tenant, then Tenant shall consult with Licensee on such defence protect and hold Landlord harmless and shall not settle any suit pay all costs, expenses and reasonable attorney fees incurred or claim without paid by either in defending itself or enforcing the prior consent or Licensee. (d) So long as Licensee shall perform covenants and carry out all the terms, covenants, conditions and provisions agreements of this License AgreementLease. Landlord will indemnify, defend and shall exercise its option to pay the DIC charge as provided abovehold Tenant harmless from and against any and all claims, Licensee shall be relieved of any obligation to indemnify actions, damages, liability and save harmless expense in connection with loss of life, personal injury and/or damage to property arising from or out of any claimmisconduct or negligent omission of Landlord, suit its agents, contractors, employees or proceeding instituted and maintained outside servants, to the Territory and which would normally be extent not covered by its fire, casualty and liability insurance. In case Tenant shall, without fault of its part, be made a party to any litigation commenced by or against Landlord, then Landlord shall protect and hold Tenant harmless and shall pay all costs, expenses and reasonable attorney fees incurred or paid by either in defending itself or enforcing the insurance maintained by Licensee as provided in Section 4.1(a) had such claim, suit or proceeding been instituted covenants and maintained within the Territoryagreements of this Lease.

Appears in 1 contract

Samples: Lease Agreement (World Wireless Communications Inc)

Liability Insurance and Indemnity. (a) To provide or use its reasonable endeavours to procure that its Sub-licensees agree to provide bodily Tenant shall, during the entire term hereof, keep in full force and effect a policy of public personal injury and property damage liability insurance with respect to the Leased Premises, in each country within which the Territory in at least the minimum legal amount limits for such country or the amount extended to customers in such country by companies of similar international stature, whichever is the greater. In addition to the renter, such insurance liability shall protect as an insured, Licensee, the appropriate Sub-licensee, Licensor, its parent, subsidiaries and affiliates, members of the renter’s immediate familybe not less than Two Million Dollars ($2,000,000.00) per accident, and his employer and employees where authorised by in which the renter to use the motor vehicle rented. It shall be a violation of this Agreement limits for Licensee to rent vehicles without providing insurance in the amounts which it has so notified Licensor it is providing. Licensee shall also procure that insurance is made available in the type and in the minimum amounts specified in agreements entered into by Licensor with certain corporate customers and to which Licensee agrees in writing. (b) At its option, when and on the terms and conditions of the program then offered to Licensee by Licensor, to pay the stipulated amount (the “DIC” charge) for bodily injury and property damage liability shall be not less than One Hundred Thousand Dollars ($100,000.00). The policy shall name Landlord, any persons, firms or corporations designated by Landlord and Tenant as insureds, and shall contain a clause that the insurer will not cancel or change the insurance coverage relating without first giving the Landlord ten (10) days prior written notice. Such insurance may be furnished by tenant under any blanket policy carried by it or under a separate policy therefore. The insurance shall be with an insurance company approved by Landlord and a copy of the paid-up policy evidencing such insurance or a certificate of insurer certifying to the issuance of such policy shall be delivered to Landlord. If Tenant fails to provide such insurance, Landlord may do so and charge same to Tenant. Tenant will indemnify Landlord and save it harmless from and against any and all claims, suits or proceedingsactions, instituted and maintained outside of the Territory but which arise, in whole or in part, from accidents, events, incidents or transactions occurring in the Territory or involving a vehicle owned by Licensee. Licensor shall advise Licensee in writing promptly at the beginning of each fiscal year during which the program will be available to Licensee of the amount of such charge. Such amount shall, if Licensee has opted to participate in the program, be paid to Licensor within thirty (30) days after receipt by Licensee of Licensor’s notice of the amount to be paid. It is specifically agreed that Licensee is not paying a premium nor is Licensee buying insurance. (c) To indemnify and save Licensor, its parent, subsidiaries and affiliates, harmless from all loss, costdamages, liability and expense, including attorney’s fees, incurred expense in connection with loss of life, personal injury and/or damage to property arising from or arising out of any occurrence in, upon or at the operation Leased Premises or from the occupancy or use by tenant of Licensee’s businesses the Leased Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors employees, servants, sublessees, concessionaires, or business, invitees unless caused by the acts negligent of LicensorLandlord. Landlord will likewise indemnify and hold harmless and defend tenant from and against claims arising from occurrences in parking and other common areas around the premises known as 000 Xxxxxxx Xxx. occasioned wholly or impart by any act or omission of Landlord, its agents agents, contractors, employees, servants, sublessees other than tenant or servants. Licensor, when defending any suits or claims which would be covered by the indemnity by Licensee shall consult with Licensee on such defence and shall not settle any suit or claim without the prior consent or Licenseebusiness invitees. (d) So long as Licensee shall perform and carry out all the terms, covenants, conditions and provisions of this License Agreement, and shall exercise its option to pay the DIC charge as provided above, Licensee shall be relieved of any obligation to indemnify and save harmless in connection with any claim, suit or proceeding instituted and maintained outside the Territory and which would normally be covered by the insurance maintained by Licensee as provided in Section 4.1(a) had such claim, suit or proceeding been instituted and maintained within the Territory.

Appears in 1 contract

Samples: Lease Agreement (Cyberkinetics Neurotechnology Systems, Inc.)

Liability Insurance and Indemnity. (a) To provide or use its reasonable endeavours to procure that its Sub-licensees agree to provide Tenant shall, during all terms hereof, keep in full force and effect a policy of public bodily injury and property damage liability insurance in each country within with respect to the Territory in at least Leased Premises, with a combined single limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. The policy shall name Landlord, property manager (i.e., Woodbury Corporation) and any other persons, firms or corporations designated by Landlord and Tenant as additional insureds, and shall contain a clause that the minimum legal amount for such country insurer will not cancel or change the amount extended insurance without first giving the Landlord ten (10) days prior written notice. Such insurance shall include an endorsement permitting Landlord and Property Manager to customers recover damage suffered due to act or omission of Tenant, notwithstanding being named as an additional “Insured party” in such country policies. Such insurance may be furnished by companies Tenant under any blanket policy carried by it or under a separate policy therefor. The insurance shall be with an insurance company approved by Landlord and a copy of similar international stature, whichever is the greater. In addition paid-up policy evidencing such insurance or a certificate of insurer certifying to the renter, issuance of such insurance shall protect as an insured, Licensee, the appropriate Sub-licensee, Licensor, its parent, subsidiaries and affiliates, members of the renter’s immediate family, and his employer and employees where authorised by the renter to use the motor vehicle rented. It policy shall be a violation delivered to Landlord; provided, Landlord shall not unreasonably withhold its approval of this Agreement for Licensee Tenant’s selected insurance company. If Tenant fails to rent vehicles without providing insurance in the amounts which it has provide such insurance, Landlord may do so notified Licensor it is providingand charge actual costs of same to Tenant. Licensee shall also procure that insurance is made available in the type Tenant will indemnify, defend and in the minimum amounts specified in agreements entered into by Licensor with certain corporate customers hold Landlord harmless from and to which Licensee agrees in writing. (b) At its option, when against any and on the terms and conditions of the program then offered to Licensee by Licensor, to pay the stipulated amount (the “DIC” charge) for bodily injury and property damage liability insurance coverage relating to all claims, suits or proceedingsactions, instituted and maintained outside of the Territory but which arise, in whole or in part, from accidents, events, incidents or transactions occurring in the Territory or involving a vehicle owned by Licensee. Licensor shall advise Licensee in writing promptly at the beginning of each fiscal year during which the program will be available to Licensee of the amount of such charge. Such amount shall, if Licensee has opted to participate in the program, be paid to Licensor within thirty (30) days after receipt by Licensee of Licensor’s notice of the amount to be paid. It is specifically agreed that Licensee is not paying a premium nor is Licensee buying insurance. (c) To indemnify and save Licensor, its parent, subsidiaries and affiliates, harmless from all loss, costdamages, liability and expense, including attorney’s fees, incurred expense in connection with loss of life, personal injury and/or damage to property arising from or arising out of any occurrence in, upon or at the operation Leased Premises or from the occupancy or use by Tenant of Licensee’s businesses the Leased Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, sublessees, concessionaires or business invitees except to the extent caused by the negligence of Landlord and to the extent not covered by its fire casualty or liability insurance. In case Landlord shall, without fault of its part, be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorney fees incurred or paid by either in defending itself or enforcing the covenants and agreements of this Lease. Landlord will indemnify, defend and hold Tenant harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the common area or from the occupancy or use by Landlord of the common area or any part thereof, or occasioned wholly or in part by any act or omission of Landlord, its agents, contractors, employees, servants, sublessees, concessionaires or business invitees unless caused by the acts negligence of Licensor, its agents or servants. Licensor, when defending any suits or claims which would be Tenant and to the extent not covered by the indemnity its casualty or liability insurance. In case Tenant shall, without fault of its part, be made a party to any litigation commenced by Licensee or against Landlord, then Landlord shall consult with Licensee on such defence protect and hold Tenant harmless and shall not settle any suit pay all costs, expenses and reasonable attorney fees incurred or claim without paid by either in defending itself or enforcing the prior consent or Licensee. (d) So long as Licensee shall perform covenants and carry out all the terms, covenants, conditions and provisions agreements of this License Agreement, and shall exercise its option to pay the DIC charge as provided above, Licensee shall be relieved of any obligation to indemnify and save harmless in connection with any claim, suit or proceeding instituted and maintained outside the Territory and which would normally be covered by the insurance maintained by Licensee as provided in Section 4.1(a) had such claim, suit or proceeding been instituted and maintained within the TerritoryLease.

Appears in 1 contract

Samples: Lease Agreement (Lifevantage Corp)

Liability Insurance and Indemnity. (a) To provide or use Tenant shall procure and maintain at its reasonable endeavours sole cost and expense at all times during the Term comprehensive general public liability insurance insuring Landlord and Tenant in an amount of at least $1,000,000.00 in respect to procure that its Sub-licensees agree to provide bodily injury or death to any one person, and property damage liability insurance in each country within the Territory in amount of at least the minimum legal amount $2,000,0000.00 for such country injuries or deaths from any one accident, and in the amount extended of $500,000.00 for property damage, with respect to customers in such country by companies any claims, demands or causes of similar international statureaction of any person or persons arising out of accidents occurring on or about the Leased Premises during the Term, whichever is the greater. In addition to the renteror arising out of Tenant’s use thereof, it being understood that such insurance shall protect cover the building and all improvements, equipment and parking areas on the Leased Premises, as an insured, Licensee, the appropriate Sub-licensee, Licensor, its parent, subsidiaries and affiliates, members well as other parts of the renter’s immediate familyLeased Premises, and his employer all driveways and employees where authorised by sidewalks in front of or adjacent to the renter to use the motor vehicle rented. It shall be a violation of this Agreement for Licensee to rent vehicles without providing insurance in the amounts which it has so notified Licensor it is providing. Licensee shall also procure that insurance is made available in the type and in the minimum amounts specified in agreements entered into by Licensor with certain corporate customers and to which Licensee agrees in writingLeased Premises. (b) At its option, when and on the terms and conditions The aforesaid limits of liability shall be increased or decreased by mutual consent of the program then offered to Licensee parties, which consent shall not be unreasonably withheld by Licensor, to pay the stipulated amount (the “DIC” charge) for bodily injury and property damage liability insurance coverage relating to claims, suits or proceedings, instituted and maintained outside of the Territory but which ariseeither party, in whole the event of any factors or in partoccurrences, from accidents, events, incidents or transactions occurring including substantial increases in the Territory level of jury verdicts or involving a vehicle owned by Licensee. Licensor shall advise Licensee in writing promptly at judgments or the beginning passage of each fiscal year during state, federal or other governmental compensation plans, or laws which the program will be available would materially increase or decrease Landlord’s or Tenant’s exposure to Licensee of the amount of such charge. Such amount shall, if Licensee has opted to participate in the program, be paid to Licensor within thirty (30) days after receipt by Licensee of Licensor’s notice of the amount to be paid. It is specifically agreed that Licensee is not paying a premium nor is Licensee buying insurancerisk. (c) To indemnify and save LicensorCertificates evidencing such insurance coverage, its parentor the policies therefore, subsidiaries and affiliates, harmless from all loss, cost, liability and expense, including attorney’s fees, incurred in connection shall be deposited with or arising out of the operation of Licensee’s businesses unless caused by the acts of Licensor, its agents or servants. Licensor, when defending any suits or claims which would be covered by the indemnity by Licensee shall consult with Licensee on such defence Landlord and shall protect Landlord as well as Tenant. Such certificates or policies shall contain a provision that the insurer will not settle any suit terminate or claim without the cancel such insurance unless thirty (30) days’ prior consent or Licenseewritten notice of such cancellation is given to Landlord, and shall be in such form and from such companies as Landlord shall approve, which approval shall not be unreasonably withheld. (d) So long At all times during the Term, Tenant shall keep and maintain, or cause its agents, contractors and subcontractors to keep and maintain, such workmen’s compensation insurance and such other forms of insurance as Licensee shall perform may from time to time be required by law or may be otherwise necessary to protect Landlord and carry out all the terms, covenants, conditions and provisions of this License Agreement, and shall exercise its option to pay the DIC charge as provided above, Licensee shall be relieved Leased Premises from claims of any obligation person who may at any time work on the Leased Premises, whether as a servant, agent or employee of Landlord or Tenant, or otherwise. (e) Tenant agrees to indemnify and save hold Landlord harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or connected with Tenant’s use and occupancy of the Leased Premises. It is expressly understood and agreed that Landlord shall not be liable for any loss or damage to persons or to the property of Tenant or of its employees or invitees resulting from a condition of the Leased Premises or an accident or casualty in connection with any claim, suit or proceeding instituted and maintained outside about the Territory and which would normally be covered by the insurance maintained by Licensee as provided in Section 4.1(a) had such claim, suit or proceeding been instituted and maintained within the TerritoryLeased Premises.

Appears in 1 contract

Samples: Lease Agreement (Duluth Holdings Inc.)

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Liability Insurance and Indemnity. (a) To provide or use its reasonable endeavours to procure that its Sub-licensees agree to provide Tenant shall, during all terms hereof, keep in full force and effect a policy of public bodily injury and property damage liability insurance in each country within with respect to the Territory in at least Premises, with a combined single limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. The policy shall name Landlord, Property Manager (i.e., Woodbury Corporation) and any other persons, firms or corporations designated by Landlord and Tenant as additional insureds, and shall contain a clause that the minimum legal amount for such country insurer will not cancel or change the amount extended insurance without first giving the Landlord ten (10) days prior written notice. Such insurance shall include an endorsement permitting Landlord and Property Manager to customers recover damage suffered due to act or omission of Tenant, notwithstanding being named as an additional “Insured party” in such country policies. Such insurance may be furnished by companies Tenant under any blanket policy carried by it or under a separate policy therefor. The insurance shall be with an insurance company approved by Landlord and a copy of similar international stature, whichever is the greater. In addition paid-up policy evidencing such insurance or a certificate of insurer certifying to the renter, issuance of such insurance shall protect as an insured, Licensee, the appropriate Sub-licensee, Licensor, its parent, subsidiaries and affiliates, members of the renter’s immediate family, and his employer and employees where authorised by the renter to use the motor vehicle rented. It policy shall be a violation of this Agreement for Licensee delivered to rent vehicles without providing insurance in the amounts which it has Landlord. If Tenant fails to provide such insurance, Landlord may do so notified Licensor it is providingand charge same to Tenant. Licensee shall also procure that insurance is made available in the type Tenant will indemnify, defend and in the minimum amounts specified in agreements entered into by Licensor with certain corporate customers hold Landlord harmless from and to which Licensee agrees in writing. (b) At its option, when against any and on the terms and conditions of the program then offered to Licensee by Licensor, to pay the stipulated amount (the “DIC” charge) for bodily injury and property damage liability insurance coverage relating to all claims, suits or proceedingsactions, instituted and maintained outside of the Territory but which arise, in whole or in part, from accidents, events, incidents or transactions occurring in the Territory or involving a vehicle owned by Licensee. Licensor shall advise Licensee in writing promptly at the beginning of each fiscal year during which the program will be available to Licensee of the amount of such charge. Such amount shall, if Licensee has opted to participate in the program, be paid to Licensor within thirty (30) days after receipt by Licensee of Licensor’s notice of the amount to be paid. It is specifically agreed that Licensee is not paying a premium nor is Licensee buying insurance. (c) To indemnify and save Licensor, its parent, subsidiaries and affiliates, harmless from all loss, costdamages, liability and expense, including attorney’s fees, incurred expense in connection with loss of life, personal injury and/or damage to property arising from or arising out of any occurrence in, upon or at the operation Premises or from the occupancy or use by Tenant of Licensee’s businesses the Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, sublessees, concessionaires or business invitees unless caused by the acts negligence of Licensor, its agents or servants. Licensor, when defending any suits or claims which would be Landlord and to the extent not covered by the indemnity its casualty or liability insurance. In case Landlord shall, without fault of its part, be made a party to any litigation commenced by Licensee or against Tenant, then Tenant shall consult with Licensee on such defence protect and hold Landlord harmless and shall not settle any suit pay all costs, expenses and reasonable attorney fees incurred or claim without paid by either in defending itself or enforcing the prior consent or Licensee. (d) So long as Licensee shall perform covenants and carry out all the terms, covenants, conditions and provisions agreements of this License AgreementLease. Landlord will indemnify, defend and shall exercise its option to pay the DIC charge as provided abovehold Tenant harmless from and against any and all claims, Licensee shall be relieved of any obligation to indemnify actions, damages, liability and save harmless expense in connection with loss of life, personal injury and/or damage to property arising from or out of any claimoccurrence in, suit upon or proceeding instituted at the common area or from the occupancy or use by Landlord of the common area or any part thereof, or occasioned wholly or in part by any act or omission of Landlord, its agents, contractors, employees, servants, sublessees, concessionaires or business invitees unless caused by the negligence of Tenant and maintained outside to the Territory and which would normally be extent not covered by its casualty or liability insurance. In case Tenant shall, without fault of its part, be made a party to any litigation commenced by or against Landlord, then Landlord shall protect and hold Tenant harmless and shall pay all costs, expenses and reasonable attorney fees incurred or paid by either in defending itself or enforcing the insurance maintained by Licensee as provided in Section 4.1(a) had such claim, suit or proceeding been instituted covenants and maintained within the Territoryagreements of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Lifevantage Corp)

Liability Insurance and Indemnity. (a) To provide or use its reasonable endeavours to procure that its Sub-licensees agree to provide Tenant shall, during all terms hereof, keep in full force and effect a policy of public bodily injury and property damage liability insurance with respect to the Premises, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in each country within the Territory aggregate. The policy shall name Landlord, Property Manager (i.e., Woodbury Corporation) and any other persons, firms or corporations designated by Landlord and Tenant as insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord ten (10) days prior written notice. Such insurance shall include an endorsement permitting Landlord and Property Manager to recover damage suffered due to act or omission of Tenant, notwithstanding being named as an additional "Insured party" in such policies. Such insurance may be furnished by Tenant under any blanket policy carried by it or under a separate policy therefor. The insurance shall be with a reputable insurance company licensed to do business in Utah and a copy of the paid-up policy evidencing such insurance or a certificate of insurer certifying to the issuance of such policy shall be delivered to Landlord. If Tenant fails to provide such insurance, Landlord may do so and charge same to Tenant. Alternatively, Tenant may insure itself pursuant to any commercially reasonable self-insurance program instituted by Tenant for its corporate operations so long as Tenant maintains a net worth of at least $100,000,000 at all times during the minimum legal amount for period of such country or the amount extended to customers in such country by companies of similar international statureself-insurance. Tenant will indemnify, whichever is the greater. In addition to the renter, such insurance shall protect as an insured, Licensee, the appropriate Sub-licensee, Licensor, its parent, subsidiaries defend and affiliates, members of the renter’s immediate family, hold Landlord harmless from and his employer against any and employees where authorised by the renter to use the motor vehicle rented. It shall be a violation of this Agreement for Licensee to rent vehicles without providing insurance in the amounts which it has so notified Licensor it is providing. Licensee shall also procure that insurance is made available in the type and in the minimum amounts specified in agreements entered into by Licensor with certain corporate customers and to which Licensee agrees in writing. (b) At its option, when and on the terms and conditions of the program then offered to Licensee by Licensor, to pay the stipulated amount (the “DIC” charge) for bodily injury and property damage liability insurance coverage relating to all claims, suits or proceedingsactions, instituted and maintained outside of the Territory but which arise, in whole or in part, from accidents, events, incidents or transactions occurring in the Territory or involving a vehicle owned by Licensee. Licensor shall advise Licensee in writing promptly at the beginning of each fiscal year during which the program will be available to Licensee of the amount of such charge. Such amount shall, if Licensee has opted to participate in the program, be paid to Licensor within thirty (30) days after receipt by Licensee of Licensor’s notice of the amount to be paid. It is specifically agreed that Licensee is not paying a premium nor is Licensee buying insurance. (c) To indemnify and save Licensor, its parent, subsidiaries and affiliates, harmless from all loss, costdamages, liability and expense, including attorney’s fees, incurred expense in connection with loss of life, personal injury and/or damage to property arising from or arising out of any occurrence in, upon or at the operation Premises or from the occupancy or use by Tenant of Licensee’s businesses the Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, sublessees, concessionaires or business invitees unless proximately caused by the acts misconduct or negligent omission of Licensor, its agents or servants. Licensor, when defending any suits or claims which would be Landlord and to the extent not covered by the indemnity its fire, casualty and liability insurance. In case Landlord shall, without fault of its part, be made a party to any litigation commenced by Licensee or against Tenant, then Tenant shall consult with Licensee on such defence protect and hold Landlord harmless and shall not settle any suit pay all costs, expenses and reasonable attorney fees incurred or claim without paid by either in defending itself or enforcing the prior consent or Licensee. (d) So long as Licensee shall perform covenants and carry out all the terms, covenants, conditions and provisions agreements of this License AgreementLease. Landlord will indemnify, defend and shall exercise its option to pay the DIC charge as provided abovehold Tenant harmless from and against any and all claims, Licensee shall be relieved of any obligation to indemnify actions, damages, liability and save harmless expense in connection with loss of life, personal injury and/or damage to property proximately caused from or out of any claimmisconduct or negligent omission of Landlord, suit its agents, contractors, employees or proceeding instituted and maintained outside servants, to the Territory and which would normally be extent not covered by its fire, casualty and liability insurance. In case Tenant shall, without fault of its part, be made a party to any litigation commenced by or against Landlord, then Landlord shall protect and hold Tenant harmless and shall pay all costs, expenses and reasonable attorney fees incurred or paid by either in defending itself or enforcing the insurance maintained by Licensee as provided in Section 4.1(a) had such claim, suit or proceeding been instituted covenants and maintained within the Territoryagreements of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Sento Corp)

Liability Insurance and Indemnity. (a) To provide or use its reasonable endeavours to procure that its Sub-licensees agree to provide Tenant shall, during all terms hereof, keep in full force and effect a policy of public bodily injury and property damage liability insurance in each country within with respect to the Territory in at least Premises, with a combined single limit of not less than Two Million Dollars ($2,000,000.00) per occurrence. The policy shall name Landlord, Property Manager (i.e., Woodbury Corporation) and any other persons, firms or corporations designated by Landlord and Tenant as insured, and shall contain a clause that the minimum legal amount for such country insurer will not cancel or change the amount extended insurance without first giving the Landlord ten (10) days prior written notice. Such insurance shall include an endorsement permitting Landlord and Property Manager to customers recover damage suffered due to act or omission of Tenant, notwithstanding being named as an additional “Insured party” in such country policies. Such insurance may be furnished by companies Tenant under any blanket policy carried by it or under a separate policy therefor. The insurance shall be with an insurance company approved by Landlord and a copy of similar international stature, whichever is the greater. In addition paid-up policy evidencing such insurance or a certificate of insurer certifying to the renter, issuance of such insurance shall protect as an insured, Licensee, the appropriate Sub-licensee, Licensor, its parent, subsidiaries and affiliates, members of the renter’s immediate family, and his employer and employees where authorised by the renter to use the motor vehicle rented. It policy shall be a violation of this Agreement for Licensee delivered to rent vehicles without providing insurance in the amounts which it has Landlord. If Tenant fails to provide such insurance, Landlord may do so notified Licensor it is providingand charge same to Tenant. Licensee shall also procure that insurance is made available in the type Tenant will indemnify, defend and in the minimum amounts specified in agreements entered into by Licensor with certain corporate customers hold Landlord harmless from and to which Licensee agrees in writing. (b) At its option, when against any and on the terms and conditions of the program then offered to Licensee by Licensor, to pay the stipulated amount (the “DIC” charge) for bodily injury and property damage liability insurance coverage relating to all claims, suits or proceedingsactions, instituted and maintained outside of the Territory but which arise, in whole or in part, from accidents, events, incidents or transactions occurring in the Territory or involving a vehicle owned by Licensee. Licensor shall advise Licensee in writing promptly at the beginning of each fiscal year during which the program will be available to Licensee of the amount of such charge. Such amount shall, if Licensee has opted to participate in the program, be paid to Licensor within thirty (30) days after receipt by Licensee of Licensor’s notice of the amount to be paid. It is specifically agreed that Licensee is not paying a premium nor is Licensee buying insurance. (c) To indemnify and save Licensor, its parent, subsidiaries and affiliates, harmless from all loss, costdamages, liability and expense, including attorney’s fees, incurred expense in connection with loss of life, personal injury and/or damage to property arising from or arising out of any occurrence in, upon or at the operation Premises or from the occupancy or use by Tenant of Licensee’s businesses the Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, sublessees, concessionaires or business invitees unless caused by the acts negligence of Licensor, its agents or servants. Licensor, when defending any suits or claims which would be Landlord and to the extent not covered by the indemnity its fire, casualty and liability insurance. In case Landlord shall, without fault of its part, be made a party to any litigation commenced by Licensee or against Tenant, then Tenant shall consult with Licensee on such defence protect and hold Landlord harmless and shall not settle any suit pay all costs, expenses and reasonable attorney fees incurred or claim without paid by either in defending itself or enforcing the prior consent or Licensee. (d) So long as Licensee shall perform covenants and carry out all the terms, covenants, conditions and provisions agreements of this License Agreement, and shall exercise its option to pay the DIC charge as provided above, Licensee shall be relieved of any obligation to indemnify and save harmless in connection with any claim, suit or proceeding instituted and maintained outside the Territory and which would normally be covered by the insurance maintained by Licensee as provided in Section 4.1(a) had such claim, suit or proceeding been instituted and maintained within the TerritoryLease.

Appears in 1 contract

Samples: Lease Agreement (Amedica Corp)

Liability Insurance and Indemnity. (a) To provide or use its reasonable endeavours to procure that its Sub-licensees agree to provide Tenant shall, during all terms hereof, keep in full force and effect a policy of public bodily injury and property damage liability insurance with respect to the Premises, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in each country within the Territory aggregate. The policy shall name Landlord, Property Manager (i.e., Woodbury Corporation) and any other persons, firms or corporations designated by Landlord and Tenant as insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the Landlord ten (10) days prior written notice. Such insurance shall include an endorsement permitting Landlord and Property Manager to recover damage suffered due to act or omission of Tenant, notwithstanding being named as an additional "Insured party" in such policies. Such insurance may be furnished by Tenant under any blanket policy carried by it or under a separate policy therefor. The insurance shall be with a reputable insurance company, licensed to do business in the State of Utah and a copy of the paid-up policy evidencing such insurance or a certificate of insurer certifying to the issuance of such policy shall be delivered to Landlord. If Tenant fails to provide such insurance, Landlord may do so and charge same to Tenant. Alternatively, Tenant may insure itself pursuant to any commercially reasonable self-insurance program instituted by Tenant for its corporate operations so long as Tenant has a net worth of at least the minimum legal amount for such country or the amount extended to customers in such country by companies of similar international stature$100,000,000. Tenant will indemnify, whichever is the greater. In addition to the renter, such insurance shall protect as an insured, Licensee, the appropriate Sub-licensee, Licensor, its parent, subsidiaries defend and affiliates, members of the renter’s immediate family, hold Landlord harmless from and his employer against any and employees where authorised by the renter to use the motor vehicle rented. It shall be a violation of this Agreement for Licensee to rent vehicles without providing insurance in the amounts which it has so notified Licensor it is providing. Licensee shall also procure that insurance is made available in the type and in the minimum amounts specified in agreements entered into by Licensor with certain corporate customers and to which Licensee agrees in writing. (b) At its option, when and on the terms and conditions of the program then offered to Licensee by Licensor, to pay the stipulated amount (the “DIC” charge) for bodily injury and property damage liability insurance coverage relating to all claims, suits or proceedingsactions, instituted and maintained outside of the Territory but which arise, in whole or in part, from accidents, events, incidents or transactions occurring in the Territory or involving a vehicle owned by Licensee. Licensor shall advise Licensee in writing promptly at the beginning of each fiscal year during which the program will be available to Licensee of the amount of such charge. Such amount shall, if Licensee has opted to participate in the program, be paid to Licensor within thirty (30) days after receipt by Licensee of Licensor’s notice of the amount to be paid. It is specifically agreed that Licensee is not paying a premium nor is Licensee buying insurance. (c) To indemnify and save Licensor, its parent, subsidiaries and affiliates, harmless from all loss, costdamages, liability and expense, including attorney’s fees, incurred expense in connection with loss of life, personal injury and/or damage to property arising from or arising out of any occurrence in, upon or at the operation Premises or from the occupancy or use by Tenant of Licensee’s businesses the Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant, its agents, contractors, employees, servants, sublessees, concessionaires or business invitees unless proximately caused by the acts act or negligent omission of Licensor, its agents or servants. Licensor, when defending any suits or claims which would be Landlord and to the extent not covered by the indemnity its fire, casualty and liability insurance. In case Landlord shall, without fault of its part, be made a party to any litigation commenced by Licensee or against Tenant, then Tenant shall consult with Licensee on such defence protect and hold Landlord harmless and shall not settle any suit pay all costs, expenses and reasonable attorney fees incurred or claim without paid by either in defending itself or enforcing the prior consent or Licensee. (d) So long as Licensee shall perform covenants and carry out all the terms, covenants, conditions and provisions agreements of this License AgreementLease. Landlord will indemnify, defend and shall exercise its option to pay the DIC charge as provided abovehold Tenant harmless from and against any and all claims, Licensee shall be relieved of any obligation to indemnify actions, damages, liability and save harmless expense in connection with loss of life, personal injury and/or damage to property proximately caused from or out of any claimact or negligent omission of Landlord, suit its agents, contractors, employees or proceeding instituted and maintained outside servants, to the Territory and which would normally be extent not covered by its fire, casualty and liability insurance. In case Tenant shall, without fault of its part, be made a party to any litigation commenced by or against Landlord, then Landlord shall protect and hold Tenant harmless and shall pay all costs, expenses and reasonable attorney fees incurred or paid by either in defending itself or enforcing the insurance maintained by Licensee as provided in Section 4.1(a) had such claim, suit or proceeding been instituted covenants and maintained within the Territoryagreements of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Sento Corp)

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