Common use of Merchant’s Casualty Insurance Clause in Contracts

Merchant’s Casualty Insurance. Merchant will provide throughout the Sale Term at its expense (subject to payment of the Expenses by Agent) fire, flood, theft and extended coverage casualty insurance consistent with Merchant's customary practices prior to the Sale Commencement Date. In the event of a loss to the Merchandise on or after the Sale Commencement Date, the proceeds of such insurance attributable to the Merchandise plus any self insurance amounts and the amount of any deductible (which amounts shall be paid by Merchant), shall constitute Proceeds hereunder and shall be paid to Agent. Prior to the Sale Commencement Date, Merchant shall deliver to Agent certificates evidencing such insurance setting forth the duration thereof, in form and substance reasonably satisfactory to Agent. All such policies shall require at least thirty (30) days prior notice to Agent of cancellation, non-renewal or material change. Merchant shall not make any change in the amount of any deductibles or self-insurance amounts prior to the Sale Termination Date without Agent’s prior written consent.

Appears in 2 contracts

Samples: Agency Agreement (Circuit City Stores Inc), Amended and Restated Agency Agreement (Circuit City Stores Inc)

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Merchant’s Casualty Insurance. Merchant will provide throughout the Sale Term Term, at its expense (subject to payment of the Expenses by Agent) ’s cost as an Occupancy Expense hereunder, fire, flood, theft and extended coverage casualty insurance consistent with Merchant's customary practices prior covering the Merchandise in a total amount equal to no less than the Sale Commencement Dateretail value thereof. In the event of a loss to the Merchandise on or after the Sale Commencement Datedate of this Agreement, the proceeds Proceeds of such insurance attributable to the Merchandise Merchandise, plus any self insurance amounts and the amount of any deductible or self-insured retention (which amounts shall be paid by MerchantAgent as an Expense), shall constitute Proceeds hereunder and shall be paid to Agenthereunder. Prior to the Sale Commencement Date, Merchant shall deliver to Agent certificates evidencing such insurance insurance, setting forth the duration thereof, in form and substance reasonably satisfactory to Agent. All such policies shall require at least thirty (30) days days’ prior notice to the Agent of cancellation, non-renewal or material changechange during the Sale Term. Merchant shall not make any change in the amount of any deductibles or self-self insurance amounts prior to the Sale Termination Date without Agent’s prior written consent.

Appears in 2 contracts

Samples: Agency Agreement (Borders Group Inc), Agency Agreement

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