Common use of Operator’s Insurance Clause in Contracts

Operator’s Insurance. Operator shall carry, keep and maintain at all times during the term of this Agreement insurance of the types and in the minimum amounts set forth below. Upon written request, Operator shall provide Owner and Mortgagees with certificates of insurance and copies of insurance policies evidencing the insurance required by this Section 4.02. Operator shall deliver to Owner and Mortgagees renewal policies and certificates not less than thirty (30) days (or as soon as received thereafter) prior to the expiration of any such insurance. Owner and Mortgagees shall be named as additional named insureds on each insurance policy required by this Section 4.02 and the Business shall pay any costs associated therewith. Operator hereby expressly waives all rights against Owner and Mortgagees, their respective affiliates and their respective officers, directors, employees, agents and Operators for and in connection with all claims, losses and/or damages covered by any insurance required by this Section 4.02. ​ (a) All of the policies of insurance required by this Section 4.02 shall: (i) be issued by financially responsible insurance carriers or companies; ​ (ii) be in a form acceptable in all respects to Operator, Owner, and Mortgagees; ​ (iii) include all such other clauses and/or endorsements as Owner or Mortgagees may from time to time require; ​ (iv) provide that such policies shall not be canceled, terminated or the terms thereof modified or amended without at least thirty (30) days’ prior written notice to Owner and Mortgagees; ​ (v) include waiver of subrogation clauses or endorsements acceptable in all respects to Owner and Mortgagees; ​ (vi) be on an occurrence basis; and ​ (vii) be written as primary policies, not contributing with, and not in excess of, any insurance coverage that Owner or Mortgagees and/or their respective successors, assigns, parent companies, subsidiaries and/or affiliates may carry against same hazards. ​

Operator’s Insurance. Operator shall carry, keep and maintain at 9.1 At all times during the term of this Agreement insurance of the types and in the minimum amounts set forth below. Upon written requestTerm, Operator shall provide Owner and Mortgagees with certificates of carry: (a) Worker's Compensation insurance and copies of insurance policies evidencing the insurance in such amount as is required by this Section 4.02the laws of the State where the Restaurant is located (b) Comprehensive general liability insurance (commercial, dram shop and automobile liability coverages) with limits of not less than $1,000,000 covering each person and $5,000,000 covering each occurrence and property damage liability insurance, with limits of not less than $1,000,000 covering each occurrence and $3,000,000 in the aggregate (with no exclusion for liability assumed by contract) and (c) blanket crime insurance covering its employees in a minimum amount of $500,000. Operator shall deliver to Owner Licensor prior to commencement of Pre-Opening Training hereunder and Mortgagees renewal then on or prior to, the expiration date of any then existing policies and in the future during the Term hereof, a certificate or certificates evidencing that such insurance coverages are in effect for a period of not less than thirty (30) days (or as soon as received thereafter) prior to one year from the expiration date of any such insurancecertificate. Owner and Mortgagees All policies shall be named as additional named insureds on each insurance policy required by this Section 4.02 and the Business shall pay any costs associated therewith. Operator hereby expressly waives all rights against Owner and Mortgagees, their respective affiliates and their respective officers, directors, employees, agents and Operators for and contain a clause providing in connection with all claims, losses and/or damages covered by any insurance required by this Section 4.02. ​ (a) All of the policies of insurance required by this Section 4.02 shall: (i) be issued by financially responsible insurance carriers or companies; ​ (ii) be in a form acceptable in all respects to Operator, Owner, and Mortgagees; ​ (iii) include all such other clauses and/or endorsements as Owner or Mortgagees may from time to time require; ​ (iv) provide substance that such policies shall not be canceled, terminated cancelled or any material provisions thereof amended adversely to the terms thereof modified or amended without Licensor unless it shall have been first given at least thirty (30) days’ prior written days advance notice of such termination or of any such proposed amendment. Operator shall cause the Licensor to Owner be named as an additional insured on its liability insurance policies for liability arising out of Operator's responsibilities under this Agreement, including but not limited to Section 7 above. 9.2 All such policies may be provided under blanket and/or umbrella policies carried by the Operator. 9.3 The insurance required by Section 9.1 (b) shall be primary insurance and Mortgagees; ​ (v) include waiver the insurer shall be liable for the full amount of subrogation clauses or endorsements acceptable in all respects any loss up to Owner and Mortgagees; ​ (vi) be on an occurrence basis; and ​ (vii) be written as primary policies, not contributing with, and not in excess of, the total limit of liability required without the right of contribution of any other insurance coverage that Owner held by the Licensor. 9.4 This Section 9 is subject to all limitations identified in Section 8, respecting Indemnification. Nothing in this Section 9 shall be construed as requiring liability coverage and/or indemnification of the Licensor for Licensor's negligence or Mortgagees and/or their respective successors, assigns, parent companies, subsidiaries and/or affiliates may carry against same hazards. ​willful action or omission.

Operator’s Insurance. Operator shall carry, keep and maintain at all times during the term of this Agreement insurance of the types and in the minimum amounts set forth below. Upon written request, Operator shall provide Owner and Mortgagees with certificates of insurance and copies of insurance policies evidencing the insurance required by this Section 4.02. Operator shall deliver to Owner and Mortgagees renewal policies and certificates not less than thirty (30) days (or as soon as received thereafter) prior to the expiration of any such insurance. Owner and Mortgagees shall be named as additional named insureds on each insurance policy required by this Section 4.02 and the Business shall pay any costs associated therewith. Operator hereby expressly waives all rights against Owner and Mortgagees, their respective affiliates and their respective officers, directors, employees, agents and Operators for and in connection with all claims, losses and/or damages covered by any insurance required by this Section 4.02. ​. (a) All of the policies of insurance required by this Section 4.02 shall: (i) be issued by financially responsible insurance carriers or companies; ​; (ii) be in a form acceptable in all respects to Operator, Owner, and Mortgagees; ​; (iii) include all standard construction industry clauses and endorsements and such other clauses and/or endorsements as Owner or Mortgagees may from time to time require; ​; (iv) provide that such policies shall not be canceled, terminated or the terms thereof modified or amended without at least thirty (30) days’ prior written notice to Owner and Mortgagees; ​; (v) include waiver of subrogation clauses or endorsements acceptable in all respects to Owner and Mortgagees; ​; (vi) be on an occurrence basis; and ​and (vii) be written as primary policies, not contributing with, and not in excess of, any insurance coverage that Owner or Mortgagees and/or their respective successors, assigns, parent companies, subsidiaries and/or affiliates may carry against same hazards. ​.