Common use of Merchant’s Casualty Insurance Clause in Contracts

Merchant’s Casualty Insurance. Merchant will provide throughout ----------------------------- the Sale Term, at Agent's cost as an Expense hereunder, fire, flood, theft and extended coverage casualty insurance covering the Merchandise in a total amount equal to no less than the cost value thereof. Merchant has provided Agent with true and accurate copies of all such policies. From and after the date of this Agreement until the Sale Termination Date, all such policies will name Agent as loss payee. In the event of a loss to the Merchandise on or after the date of this Agreement, 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. In the event of such a loss Agent shall have the sole right to adjust the loss with the insurer. Prior to the Sale Commencement Date, Merchant shall deliver to Agent certificates evidencing such insurance setting forth the duration thereof and naming the Agent as loss payee, in form and substance reasonably satisfactory to Agent. All such policies shall require at least thirty (30) days prior notice to the 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.

Merchant’s Casualty Insurance. Merchant will provide throughout ----------------------------- the Sale Term, at Agent's cost as an Expense hereunder, fire, flood, theft and extended coverage casualty insurance covering the Merchandise in a total amount equal to no less than the cost retail value thereof. Merchant has provided Agent with true and accurate copies of all such policies. From and after the date of this Agreement until the Sale Termination Date, all such policies will name Agent as loss payee. In the event of a loss to the Merchandise on or after the date of this Agreement, 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. In the event of such a loss Agent shall have the sole right to adjust the loss with the insurer. Prior to the Sale Commencement Date, Merchant shall deliver to Agent certificates evidencing such insurance setting forth the duration thereof and naming the Agent as loss payee, in form and substance reasonably satisfactory to Agent. All such policies shall require at least thirty (30) days prior notice to the 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.

Merchant’s Casualty Insurance. Merchant will provide shall provide, as an Expense, throughout ----------------------------- the Sale Term, at Agent's cost as an Expense hereunder, Term fire, flood, theft and extended coverage casualty insurance covering the Merchandise (and, if requested, at Agent’s expense not as an Expense hereunder, the Additional Agent Merchandise) in a total amount equal to no less than the cost retail value thereof. Merchant has provided Agent with true and accurate copies of all such policies. From and after the date of this Agreement until the Sale Termination Date, all such policies will also name Purchase and JV Agent as additional insureds or loss payeepayees (as its interest may appear). In the event of a loss to the Merchandise on or after the date of this Agreement, the proceeds 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. In the event (net of such a loss Agent shall have the sole right to adjust the loss with the insurerany applicable deductible). Prior to the Sale Commencement Date, Merchant shall deliver to Purchaser and JV Agent certificates evidencing such insurance insurance, setting forth the duration thereof and naming the Purchaser and JV Agent as additional insureds or loss payeepayees (as its interest may appear), in form and substance reasonably satisfactory to Purchaser and JV Agent. All such policies shall require at least thirty (30) days days’ prior notice to the Agent of cancellation, non-renewal or material change. Merchant shall not make any change in the amount of any deductibles or self self-insurance amounts prior to the Sale Termination Date without Purchaser’s and JV Agent's ’s prior written consent.

Merchant’s Casualty Insurance. Merchant will provide throughout ----------------------------- the Sale Term, at Agent's cost as an Expense hereunder, Term fire, flood, theft and extended coverage casualty insurance covering the Merchandise in a total amount equal to no less than the cost retail value thereof. Merchant has thereof plus the retail value of Additional Goods (provided that, Agent with true and accurate copies shall be responsible for payment as an Expense hereunder of all such policiesany incremental premium amounts allocable to the Additional Goods). From and after the date of this Agreement until the Sale Termination Date, all such policies will also name Agent as loss payeean additional named insured (as its interest may appear). In the event of a loss to the Merchandise on or after the date 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. In the event of such a loss Agent shall have the sole right to adjust the loss with the insurer. Prior to the Sale Commencement DateAdditional Goods on or after the date of this Agreement, the proceeds of such insurance attributable to the Additional Goods, plus any self insurance amounts and the amount of any deductible or self-insured retention (which amounts shall be paid by Agent as an Expense), shall constitute property of Agent. Merchant shall deliver to Agent certificates evidencing such insurance insurance, setting forth the duration thereof and naming the Agent as loss payeean additional insured (as its interest may appear), 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 insurance amounts prior to the Sale Termination Date without Agent's ’s prior written consent.