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. 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. 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. IP OpCo shall procure that each Insurance includes market standard non-vitiation provisions in form and substance satisfactory to the Secretary of State (acting reasonably).
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” 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 an insurable interest and who has not committed a Vitiating Act.
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. All property related policies of insurance required to be maintained pursuant to Sections 1.2(a), (b), (c), and (d) of this Exhibit H-1, as applicable, shall insure the interests of the Secured Parties and other insureds included thereunder (during the construction and operational period) regardless of any breach or violation by the Borrower or any or their Affiliates or others acting on their behalf 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 lender loss payable endorsement required in Section 1.3(a) above with respect the Secured Parties during the construction period and an acceptable multiple insureds clause for all other insured parties during the construction and operational periods).
Non-Vitiation. All property related policies of insurance required to be maintained pursuant to Sections 1.1(a) and (b) of this Schedule 9.2 shall insure the interests of the Collateral Agent and the Secured Parties regardless of any breach or violation by the Company, any of 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 required in Section 1.2(a) above, acceptable mortgagee clause or multiple insureds clause).
Non-Vitiation. This policy will not be vitiated or avoided
a) so far as the facility agent is concerned, as a result of any misrepresentation, act or neglect of failure to disclose on the part of any insured party or any circumstance beyond an insured party’s control; and
b) so far as any finance party is concerned, for failure to pay any premium due without us first giving to the facility agent at least 14 days’ notice in writing.
