Non-Vitiation Clause Samples

Non-Vitiation. The BAR and Transit/Ocean Marine insurance required to be maintained and shall insure the interests of the Financing Parties regardless of any breach or violation by the Owner or Contractor, its Affiliates or others acting on their behalf of any warranties, declarations or conditions contained in such policies, any action or inaction, or any foreclosure relating to the Project or any change in ownership of all or any portion of the Project (the foregoing may be accomplished by the use of an approved lender loss payable endorsement or acceptable mortgagee clause or multiple insureds clause).

Non-Vitiation. All property related policies of insurance required to be maintained pursuant to Sections I. (a) and (b) of this Exhibit H shall insure the interests of Lender regardless of any breach or violation by the Borrower, Project Company Guarantor, or their respective Affiliates or others acting on their behalf of any warranties, declarations or conditions contained in such policies, any action or inaction, or any foreclosure relating to any of the Projects or any change in ownership of all or any portion of the Projects (the foregoing may be accomplished by the use of an approved lender loss payable endorsement required in Section IV. above, or acceptable multiple insureds clause).

Non-Vitiation. All policies of property insurance required to be maintained pursuant to Sections 1.1(a) and (b) of this Schedule 5.17 shall insure the interests of the Administrative Agent and Collateral Agent regardless of any breach or violation by the Borrower, its affiliates or others acting on its or their behalf of any warranties, declarations or conditions contained in such policies, any action or inaction. The foregoing may be accomplished by the use of an approved loss payable endorsement, multiple insured clause or such other clause or wording approved by Lenders providing similar coverage.

Non-Vitiation. Service Provider shall cause all property related policies of insurance required to be maintained pursuant to Sections 1.1(a) of this Exhibit to insure the interests of Lessee regardless of any breach or violation by Service Provider or its Affiliates of any warranties, declarations or conditions contained in such policies, or any action or inaction (the foregoing may be accomplished by the use of an approved severability of interest or multiple insureds clause).

Non-Vitiation. The insurance policies of Contractor and of its Subcontractors and Sub-subcontractors shall provide a “Multiple Insured Clause” or “Separation of Insureds Clause” which includes language substantially similar to the following:

Non-Vitiation. After the Closing Date, all policies of property insurance required to be maintained pursuant to Section 1.1.1, Section 1.1.2, and Section 1.1.3, (to the extent such insurance is procured by the Borrower on behalf of the Borrower) of this Appendix A (as applicable) shall insure the interests of the Collateral Agent regardless of any breach or violation by the Borrower or its Affiliates or others acting on their behalf of any warranties, declarations or conditions contained in such policies, or any action or inaction of those parties. The foregoing may be accomplished by the use of an approved loss payable endorsement, multiple insureds clause or other similar clauses acceptable to the Administrative Agent.

Non-Vitiation. The insurers undertake to each insured that the policy shall not be invalidated as regards the rights and interests of such insured and that the insurers will not seek directly or indirectly to avoid any liability to such insured under this policy, in each case, because of any act, neglect, error or omission made by any other insured (whether occurring before or after the inception of the policy), including any failure by any other insured to disclose any material fact, circumstance or occurrence, any misrepresentation by any other insured or any breach or non-fulfilment by any other insured of any condition, warranty or provision contained in the policy, whether or not any such act, neglect, error or omission could, if known at any time, have affected any decision of the insurers to grant the policy, to agree to any particular term or terms of the policy (including this endorsement and the amount of any premium) or to act or refrain from acting in any way whatsoever in relation to this policy or to any liability which might arise hereunder.

Non-Vitiation. The insurance policies of Contractor and of its Subcontractors and Sub-subcontractors shall provide a “Multiple Insured Clause” which includes language substantially similar to the following: (1) It is noted and agreed that coverage under the aforementioned policies shall apply in the same manner and to the same extent as if individual policies had been issued to each insured party, provided that the total liability of the insurers to all the insured parties collectively shall not exceed the sums insured and limits of indemnity stated in such policy; (2) It is further understood and agreed that, under such policy’s terms and conditions, the insurers may be entitled to avoid liability to the insured parties in circumstances of fraud, misrepresentation, non-disclosure or breach of any warranty or condition of said policy or committed by an insured party, which shall herein be referred to in this section as a “Vitiating Act”; and (3) It is however agreed that a Vitiating Act committed by one insured party shall not prejudice the right to indemnity of any other insured party who has a vested insurable interest and who has not committed a Vitiating Act.

Non-Vitiation. The Operator must not commit, and must ensure that its Associates do not commit, any act or omission which is in contravention of an insurance policy maintained by the Operator or an Operator Associate or which may result in that insurance policy becoming void or voidable or which may result in the relevant insurer refusing liability under that policy.