Common use of Licensee’s Insurance Clause in Contracts

Licensee’s Insurance. LICENSEE shall, at its own expense, obtain a comprehensive policy of general liability insurance (including coverage for advertising injury and product liability Claims) from an insurance company rated at least B+ by A.M. Best or a comparable rating by another recognized insurance rating organization. Such policy of insurance shall be in an amount of not less than the equivalent of Five Million Dollars U.S. ($5,000,000 US) on a per-occurrence basis and shall provide for adequate protection against any Claims. Such policy shall name NINTENDO as an additional insured and shall specify it may not be canceled without thirty (30) days’ prior written Notice to NINTENDO. A Certificate of Insurance shall be provided to NINTENDO not later than the date of the initial order of Licensed Products under this Agreement or within thirty (30) days of the Effective Date of this Agreement, whatever date occurs later. If LICENSEE fails to provide NINTENDO with such Certificate of Insurance or fails to maintain such insurance at any time during the Term and for a period of two (2) years thereafter, NINTENDO, in its sole discretion may (a) terminate this Agreement in accordance with Section 13.2 herein; and/or (b) secure comparable insurance, at LICENSEE’s expense, for the sole benefit and protection of NINTENDO.

Appears in 2 contracts

Samples: License Agreement, Confidential License Agreement (Activision Inc /Ny)

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Licensee’s Insurance. LICENSEE shall, at its own expense, obtain a comprehensive policy of general liability insurance (including coverage for advertising injury and product liability Claims) from an insurance company rated at least B+ by A.M. Best or a comparable rating by another recognized insurance rating organization. Such policy of insurance shall be in an amount of not less than the equivalent of Five Million Dollars U.S. ($5,000,000 US) **** on a per-occurrence basis and shall provide for adequate protection against any Claims. Such policy shall name NINTENDO as an additional insured and shall specify it may not be canceled without thirty (30) days’ prior written Notice to NINTENDO. A Certificate of Insurance shall be provided to NINTENDO not later than the date of the initial order of Licensed Products under this Agreement or within thirty (30) days of the Effective Date of this Agreement, whatever date occurs later. If LICENSEE fails to provide NINTENDO with such Certificate of Insurance or fails to maintain such insurance at any time during the Term and for a period of two (2) years thereafterthereafter and fails to cure within thirty (30) days of written notice, NINTENDO, in its sole discretion may (a) terminate this Agreement in accordance with Section 13.2 herein; and/or (b) secure comparable insurance, at LICENSEE’s expense, for the sole benefit and protection of NINTENDO.

Appears in 2 contracts

Samples: Confidential First Renewal License Agreement (THQ Inc), Confidential First Renewal License Agreement (THQ Inc)

Licensee’s Insurance. LICENSEE shall, at its own expense, obtain a comprehensive policy of general liability insurance (including coverage for advertising injury and product liability Claims) from an insurance company rated at least B+ by A.M. Best or a comparable rating by another recognized insurance rating organization. Such policy of insurance shall be in an amount of not less than the equivalent of Five Million Dollars U.S. ($5,000,000 US) *** on a per-occurrence basis and shall provide for adequate protection against any Claims. Such policy shall name NINTENDO as an additional insured and shall specify that it may not be canceled without thirty (30) days' prior written Notice to NINTENDO. A Certificate of Insurance shall be provided to NINTENDO not later than the date of the initial order of Licensed Products under this Agreement or within thirty (30) days of the Effective Date of this Agreement, whatever date occurs later. If LICENSEE fails to provide NINTENDO with such Certificate of Insurance or fails to maintain such insurance at any time during the Term and for a period of two (2) years thereafter, NINTENDO, in its sole discretion may may: (a) terminate this Agreement in accordance with Section 13.2 herein; and/or (b) secure comparable insurance, at LICENSEE’s 's expense, for the sole benefit and protection of NINTENDO.

Appears in 1 contract

Samples: Confidential First Renewal License Agreement (Driftwood Ventures, Inc.)

Licensee’s Insurance. LICENSEE shall, at its own expense, obtain a comprehensive policy of general liability insurance (including coverage for advertising injury and product liability Claims) from an insurance company rated at least B+ by A.M. Best or a comparable rating by another recognized insurance rating organization. Such policy of insurance shall be in an amount of not less than the equivalent of Five Million Dollars U.S. ($5,000,000 US) *** on a per-occurrence basis and shall provide for adequate protection against any Claims. Such policy shall name NINTENDO as an additional insured and shall specify it may not be canceled without thirty (30) days' prior written Notice to NINTENDO. A Certificate of Insurance shall be provided to NINTENDO not later than the date of the initial order of Licensed Products under this Agreement or within thirty (30) days of the Effective Date of this Agreement, whatever date occurs later. If LICENSEE fails to provide NINTENDO with such Certificate of Insurance or fails to maintain such insurance at any time during the Term and for a period of two (2) years thereafter, NINTENDO, in its sole discretion may (a) terminate this Agreement in accordance with Section 13.2 herein; and/or (b) secure comparable insurance, at LICENSEE’s 's expense, for the sole benefit and protection of NINTENDO.. ***Confidential treatment requested

Appears in 1 contract

Samples: Confidential License Agreement (Driftwood Ventures, Inc.)

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Licensee’s Insurance. LICENSEE shall, at its own expense, obtain a comprehensive policy of general liability insurance (including coverage for advertising injury and product liability Claims) from an insurance company rated at least B+ by A.M. Best or a comparable rating by another recognized insurance rating organization. Such policy of insurance shall be in an amount of not less than the equivalent of Five Million Dollars U.S. ($5,000,000 US) ___________****_________ on a per-occurrence basis and shall provide for adequate protection against any Claims. Such policy shall name NINTENDO as an additional insured and shall specify that it may not be canceled without thirty (30) days’ prior written Notice to NINTENDO. A Certificate of Insurance shall be provided to NINTENDO not later than the date of the initial order of Licensed Products under this Agreement or within thirty (30) days of the Effective Date of this Agreement, whatever date occurs later. If LICENSEE fails to provide NINTENDO with such Certificate of Insurance or fails to maintain such insurance at any time during the Term and for a period of two (2) years thereafterthereafter and fails to cure within thirty (30) days of written notice, NINTENDO, in its sole discretion may may: (a) terminate this Agreement in accordance with Section 13.2 herein; and/or (b) secure comparable insurance, at LICENSEE’s expense, for the sole benefit and protection of NINTENDO.

Appears in 1 contract

Samples: Renewal License Agreement (THQ Inc)

Licensee’s Insurance. LICENSEE shall, at its own expense, obtain a comprehensive policy of commercial general liability insurance policy (including coverage for advertising injury and product liability Claimsclaims) from an insurance company rated at least B+ by A.M. Best or a comparable rating by another recognized insurance rating organizationcompany. Such policy of insurance shall be in an amount of not less than the equivalent of Five Million Dollars U.S. ($5,000,000 USUSD) on a per-per occurrence basis (not claims made) and shall provide for adequate protection against any Claimssuits, claims, loss or damage arising out of or relating to the Licensed Products. Such policy shall name NINTENDO as an additional insured and shall specify that it may not be canceled without thirty (30) days' prior written Notice to NINTENDO. A Certificate of Insurance shall be provided to NINTENDO not later than the date of the initial order of Licensed Products under this Agreement or within thirty (30) 60 days of the Effective Date of this Agreement, whatever date occurs later. If LICENSEE fails to provide NINTENDO with such Certificate of Insurance or fails to maintain such insurance at any time during the Term and for a period of two (2) years thereafter, NINTENDO, in its sole discretion may may: (a) terminate this Agreement in accordance with Section 13.2 herein; and/or or (b) secure comparable insuranceinsurance for the benefit of NINTENDO only, and not for LICENSEE, at LICENSEE’s LICENSEES expense, for the sole benefit and protection of NINTENDO.

Appears in 1 contract

Samples: License Agreement (Driftwood Ventures, Inc.)

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