Policy Endorsements. The Seller shall cause the insurers to provide the following endorsement items in the commercial general liability and, if applicable, umbrella or excess liability policies relating to the ownership, construction, operation and maintenance of the Complex provided pursuant to Section 12.1: (a) The Purchaser, its directors, officers and employees shall be additional insureds under such policies with respect to claims arising out of or in connection with this Agreement; (b) The insurance shall be primary with respect to the interest of the Purchaser, its directors, officers, and employees and any other insurance maintained by them is excess and not contributory with such policies; (c) The following separation of interests clause shall be made a part of the policy: “In the event of claims being made by reason of (i) personal and/or bodily injuries suffered by any employee or employees of one insured hereunder for which another insured hereunder is or may be liable, or (ii) damage to property belonging to any insured hereunder for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is made or may be made in the same manner as if separate policies have been issued to each insured hereunder, except with respect to the limits of insurance.”; (d) The insurer shall waive all rights of subrogation against the Purchaser, its officers, directors and employees; and (e) Notwithstanding any provision of the policy, the policy may not be canceled or not renewed without the insurer endeavouring to give thirty (30) Days written notice to the Purchaser except in the case of non-payment, in which case it will be ten (10) Days with prior written notice to the Purchaser. All other terms and conditions of the policy shall remain unchanged.
Appears in 2 contracts
Samples: Energy Purchase Agreement, Energy Purchase Agreement
Policy Endorsements. (a) The Seller shall cause the insurers to provide the following endorsement items in the commercial general liability liability, fire and perils, and machinery breakdown policies and, if applicable, umbrella or excess liability policies relating to the ownership, construction, operation and maintenance of the Complex Facility provided pursuant to Section 12.1:
(ai) The Purchaser, its directors, officers and employees shall be additional insureds under such policies with respect to claims arising out of or in connection with this Agreement;
(bii) The insurance shall be primary with respect to the interest of the Purchaser, its directors, officersofficers and employees, and employees and any other insurance maintained by them is excess and not contributory with such policies;
(ciii) The following separation of interests clause shall be made a part an integral clause of the policy: “In the event of claims being made by reason of (i) personal and/or bodily injuries suffered by any employee or employees of one insured hereunder for which another insured hereunder is or may be liable, or (ii) damage to property belonging to any insured hereunder for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is made or may be made in the same manner as if separate policies have been issued to each insured hereunder, except with respect to the limits of insurance.”;
(div) The insurer shall waive all rights of subrogation against the Purchaser, its officers, directors and employees; and
(ev) Notwithstanding any provision of the policy, the policy may not be canceled cancelled or not renewed allowed to lapse without the insurer endeavouring to give thirty (30) Days prior written notice to the Purchaser except in the case of non-payment, in which case it will the prior written notice to the Purchaser shall be ten (10) Days with prior written notice to the PurchaserDays. All other terms and conditions of the policy shall remain unchanged.
Appears in 2 contracts
Policy Endorsements. The Seller PanAfrican Tanzania shall cause the its insurers to provide the following endorsement items endorsements in the comprehensive or commercial general liability and, if applicable, umbrella or excess liability policies relating relating, respectively, to the ownership, construction, operation and maintenance of the Complex provided pursuant to Gas Production Facilities and any facilities owned or installed by PanAfrican Tanzania and required by Section 12.118.1:
(a) The PurchaserTPDC and the Ministry, its their directors, officers officers, and employees shall be additional insureds under such policies with respect to claims arising out of or in connection with this Agreement;policies.
(b) The insurance provided shall be primary with respect to the interest interests of the PurchaserMinistry and TPDC, its their directors, officers, and employees employees, and any other insurance maintained by them is excess and not contributory with such policiespolicies with respect to this Agreement;
(c) The following separation of interests cross liability clause shall be made a part of the each policy: “In the event of claims being made by reason of (i) personal and/or bodily injuries suffered by any employee or employees of one insured hereunder for which another insured hereunder is or may be liable, or (ii) damage to property belonging to any insured hereunder for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is made or may be made in the same manner as if separate policies have been issued to each insured hereunder, except with respect to the limits of insurance.”;
(d) The insurer shall waive all rights of subrogation against the PurchaserMinistry and TPDC, its their officers, directors and employees; and
(e) Notwithstanding any provision of the policy, the policy may not be canceled canceled, non-renewed or not renewed without materially changed by the insurer endeavouring to give thirty (30) Days written notice to the Purchaser except in the case of non-payment, in which case it will be ten (10) Days with without giving 30 days prior written notice to the Purchaser. All other terms Ministry and conditions of the policy shall remain unchangedTPDC.
Appears in 2 contracts
Samples: Production Sharing Agreement, Production Sharing Agreement
Policy Endorsements. The Seller All Policies shall cause the insurers to provide the following endorsement items in the commercial general liability and, if applicable, umbrella contain clauses or excess liability policies relating endorsements to the ownership, construction, operation and maintenance of the Complex provided pursuant to Section 12.1effect that:
(ai) The PurchaserNo act or negligence of any Borrower Party, its directorsof anyone acting for a Borrower Party, officers and employees or of any Tenant, or failure to comply with the provisions of any Policy that might otherwise result in a forfeiture of the insurance or any part thereof, shall be additional insureds under such policies with respect to claims arising out in any way affect the validity or enforceability of or in connection with this Agreementthe insurance insofar as Lender is concerned;
(bii) The insurance shall No Policy may be primary with respect materially changed (other than to increase the interest of the Purchaser, its directors, officers, and employees coverage provided thereby) or cancelled without at least thirty (30) days prior written notice to Lender and any other insurance maintained by them is excess and not contributory with such policiesparty named therein as an insured or additional insured;
(ciii) The following separation of interests clause issuers thereof shall be made a part of give written notice to Lender if the policy: “In the event of claims being made by reason of Policy has not been thirty (i30) personal and/or bodily injuries suffered by any employee or employees of one insured hereunder for which another insured hereunder is or may be liable, or (ii) damage days prior to property belonging to any insured hereunder for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is made or may be made in the same manner as if separate policies have been issued to each insured hereunder, except with respect to the limits of insurance.”;
(d) The insurer shall waive all rights of subrogation against the Purchaser, its officers, directors and employeesexpiration; and
(eiv) Notwithstanding Lender shall not be liable for any provision Insurance Premiums or assessments thereon, except that Lender may, but shall have no obligation to, pay any Insurance Premiums to continue any Policy in full force and effect in the event Borrower fails to do so (any such amounts so paid by Lender shall be paid by Borrower to Lender within the Demand Period, and until paid shall constitute part of the policyObligations, shall be secured by the policy may not be canceled or not renewed without Loan Documents and shall bear interest at the insurer endeavouring to give thirty (30) Days written notice to Default Rate accruing from the Purchaser except in the case of non-payment, in which case it will be ten (10) Days with prior written notice to the Purchaser. All other terms and conditions expiration of the policy shall remain unchangedDemand Period until Lender receives payment in full of such amount).
Appears in 2 contracts
Samples: Fixed Rate Term Loan Agreement (Mission West Properties Inc), Fixed Rate Term Loan Agreement (Mission West Properties Inc)
Policy Endorsements. The Seller Company shall cause the insurers to provide the following endorsement items in the comprehensive or commercial general liability and, if applicable, umbrella or excess liability policies relating to the ownership, construction, operation and maintenance of the Complex provided pursuant to Section 12.1:
(a) The PurchaserPower Purchaser and NTDC, its its/their directors, officers and employees shall be additional insureds under such policies with respect to claims arising out of or in connection with this Agreement;
(b) The insurance shall be primary with respect to the interest of the PurchaserPower Purchaser and NTDC, its its/their directors, officers, and employees and any other insurance maintained by them is excess and not contributory with such policies;
(c) The following separation of interests cross liability clause shall be made a part of the policy: “In the event of claims being made by reason of (i) personal and/or bodily injuries suffered by any employee or employees of one insured hereunder for which another insured hereunder is or may be liable, or (ii) damage to property belonging to any insured hereunder for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is made or may be made in the same manner as if separate policies have been issued to each insured hereunder, except with respect to the limits of insurance.”;
(d) The insurer shall waive all rights of subrogation against the PurchaserPower Purchaser and NTDC, its officersits/their directors, directors officers and employees; and
(e) Notwithstanding any provision of the policy, the policy may not be canceled canceled, or not renewed without renewed, or materially changed by the insurer endeavouring to give without giving thirty (30) Days prior written notice to the Power Purchaser and NTDC, except in the case of non-non payment, in which case it will the prior written notice to the Power Purchaser shall be ten (10) Days with prior written notice to the PurchaserDays. All other terms and conditions of the policy shall remain unchanged.
Appears in 1 contract
Samples: Power Purchase Agreement
Policy Endorsements. The Seller All Policies shall cause the insurers to provide the following endorsement items in the commercial general liability and, if applicable, umbrella contain clauses or excess liability policies relating endorsements to the ownership, construction, operation and maintenance of the Complex provided pursuant to Section 12.1effect that:
(ai) The PurchaserNo act or negligence of Borrower, its directorsof anyone acting for Borrower, officers or of any Tenant, and employees no failure to comply with the provisions of any Policy that might otherwise result in a forfeiture of the insurance or any part thereof, shall be additional insureds under such policies with respect to claims arising out in any way affect the validity or enforceability of or in connection with this Agreementthe insurance insofar as Lender is concerned;
(bii) The insurance shall be primary with respect to the interest of the Purchaser, its directors, officers, and employees and any other insurance maintained by them is excess and not contributory with such policiesIntentionally Omitted;
(ciii) The following separation of interests clause Written notice shall be made a part given to Lender (A) if the Policy has been non-renewed by the issuer at least thirty (30) days prior to its expiration, (B) promptly following cancellation if the Policy is cancelled by Borrower, and (C) at least ten (10) days prior notice if cancellation is caused by non-payment of the policy: “In the event of claims being made by reason of (i) personal and/or bodily injuries suffered by any employee or employees of one insured hereunder for which another insured hereunder is or may be liable, or (ii) damage to property belonging to any insured hereunder for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is made or may be made in the same manner as if separate policies have been issued to each insured hereunder, except with respect to the limits of insurance.”;
(d) The insurer shall waive all rights of subrogation against the Purchaser, its officers, directors and employeespremium; and
(eiv) Notwithstanding Lender shall not be liable for any provision Insurance Premiums or assessments thereon, except that Lender may, but shall have no obligation to, pay any Insurance Premiums to continue any Policy in full force and effect in the event Borrower fails to do so (any such amounts so paid by Lender shall be paid by Borrower to Lender within the Demand Period, and until paid shall constitute part of the policyObligations, shall be secured by the policy may not be canceled or not renewed without Loan Documents and shall bear interest at the insurer endeavouring to give thirty (30) Days written notice to Default Rate accruing from the Purchaser except in the case of non-payment, in which case it will be ten (10) Days with prior written notice to the Purchaser. All other terms and conditions expiration of the policy shall remain unchangedDemand Period until Lender receives payment in full of such amount).
Appears in 1 contract
Samples: Fixed Rate Term Loan Agreement (RREEF Property Trust, Inc.)
Policy Endorsements. a. The Seller shall cause the insurers to provide the following endorsement items in the commercial general liability liability, fire and perils, and machinery breakdown policies and, if applicable, umbrella or excess liability policies relating to the ownership, construction, operation and maintenance of the Complex Facility provided pursuant to Section 12.1:
(a) The Purchaser, its directors, officers and employees shall be additional insureds under such policies with respect to claims arising out of or in connection with this Agreement;
(b) The insurance shall be primary with respect to the interest of the Purchaser, its directors, officers, and employees and any other insurance maintained by them is excess and not contributory with such policies;
(c) The following separation of interests clause shall be made a part of the policy: “i. In the event of claims being made by reason of (i) personal and/or bodily injuries suffered by any employee or employees of one insured hereunder for which another insured hereunder is or may be liable, or (ii) damage to property belonging to any insured hereunder for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is made or may be made in the same manner as if separate policies have been issued to each insured hereunder, except with respect to the limits of insurance.”;
(d) ii. The insurer shall waive all rights of subrogation against the Purchaser, its officers, directors and employees; and
(e) iii. Notwithstanding any provision of the policy, the policy may not be canceled cancelled or not renewed allowed to lapse without the insurer endeavouring to give thirty (30) Days prior written notice to the Purchaser except in the case of non-payment, in which case it will the prior written notice to the Purchaser shall be ten (10) Days with prior written notice to the PurchaserDays. All other terms and conditions of the policy shall remain unchanged.
Appears in 1 contract
Samples: Power Purchase Agreement
Policy Endorsements. The Seller All Policies shall cause the insurers to provide the following endorsement items in the commercial general liability and, if applicable, umbrella contain clauses or excess liability policies relating endorsements to the ownership, construction, operation and maintenance of the Complex provided pursuant to Section 12.1effect that:
(ai) The PurchaserNo act or negligence of Borrower, its directorsof anyone acting for Borrower, officers or of any Tenant, and employees no failure to comply with the provisions of any Policy that might otherwise result in a forfeiture of the insurance or any part thereof, shall be additional insureds under such policies with respect to claims arising out in any way affect the validity or enforceability of or in connection with this Agreementthe insurance insofar as Lender is concerned;
(bii) The insurance shall No Policy may be primary with respect materially changed (other than to increase the interest of the Purchaser, its directors, officers, and employees coverage provided thereby) without at least thirty (30) days prior written notice to Lender and any other insurance maintained by them is excess and not contributory with such policiesparty named therein as an insured or additional insured;
(ciii) The following separation issuers thereof shall give written notice to Lender if the Policy has been non-renewed or will be cancelled by the issuer at least thirty (30) days prior to expiration or cancellation, and at least ten (10) days prior notice if cancellation is caused by non-payment of interests clause shall be made a part of the policy: “In the event of claims being made by reason of (i) personal and/or bodily injuries suffered by any employee or employees of one insured hereunder for which another insured hereunder is or may be liable, or (ii) damage to property belonging to any insured hereunder for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is made or may be made in the same manner as if separate policies have been issued to each insured hereunder, except with respect to the limits of insurance.”;
(d) The insurer shall waive all rights of subrogation against the Purchaser, its officers, directors and employeespremium; and
(eiv) Notwithstanding Lender shall not be liable for any provision Insurance Premiums or assessments thereon, except that Lender may, but shall have no obligation to, pay any Insurance Premiums to continue any Policy in full force and effect in the event Borrower fails to do so (any such amounts so paid by Lender shall be paid by Borrower to Lender within the Demand Period, and until paid shall constitute part of the policyObligations, shall be secured by the policy may not be canceled or not renewed without Loan Documents and shall bear interest at the insurer endeavouring to give thirty (30) Days written notice to Default Rate accruing from the Purchaser except in the case of non-payment, in which case it will be ten (10) Days with prior written notice to the Purchaser. All other terms and conditions expiration of the policy shall remain unchangedDemand Period until Lender receives payment in full of such amount).
Appears in 1 contract
Samples: Fixed Rate Term Loan Agreement (New England Realty Associates Limited Partnership)
Policy Endorsements. The Seller All Policies shall cause the insurers to provide the following endorsement items in the commercial general liability and, if applicable, umbrella contain clauses or excess liability policies relating endorsements to the ownership, construction, operation and maintenance of the Complex provided pursuant to Section 12.1effect that:
(ai) The PurchaserNo act or negligence of Borrower, its directorsof anyone acting for Borrower, officers and employees or of any Tenant, or failure to comply with the provisions of any Policy that might otherwise result in a forfeiture of the insurance or any part thereof, shall be additional insureds under such policies with respect to claims arising out in any way affect the validity or enforceability of or in connection with this Agreementthe insurance insofar as Lender is concerned;
(bii) The insurance shall No Policy may be primary with respect materially changed (other than to increase the interest of the Purchaser, its directors, officers, and employees coverage provided thereby) or cancelled without at least thirty (30) days prior written notice to Lender and any other insurance maintained by them is excess and not contributory with such policiesparty named therein as an insured or additional insured;
(ciii) The following separation issuers thereof shall give written notice to Lender if the Policy has been non-renewed by the issuer at least thirty (30) days prior to its expiration and at least ten (10) days prior notice if cancellation is caused by non-payment of interests clause shall be made a part of the policy: “In the event of claims being made by reason of (i) personal and/or bodily injuries suffered by any employee or employees of one insured hereunder for which another insured hereunder is or may be liable, or (ii) damage to property belonging to any insured hereunder for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is made or may be made in the same manner as if separate policies have been issued to each insured hereunder, except with respect to the limits of insurance.”;
(d) The insurer shall waive all rights of subrogation against the Purchaser, its officers, directors and employeespremium; and
(eiv) Notwithstanding Lender shall not be liable for any provision Insurance Premiums or assessments thereon, except that Lender may, but shall have no obligation to, pay any Insurance Premiums to continue any Policy in full force and effect in the event Borrower fails to do so (any such amounts so paid by Lender shall be paid by Borrower to Lender within the Demand Period, and until paid shall constitute part of the policyObligations, shall be secured by the policy may not be canceled or not renewed without Loan Documents and shall bear interest at the insurer endeavouring to give thirty (30) Days written notice to Default Rate accruing from the Purchaser except in the case of non-payment, in which case it will be ten (10) Days with prior written notice to the Purchaser. All other terms and conditions expiration of the policy shall remain unchangedDemand Period until Lender receives payment in full of such amount).
Appears in 1 contract
Policy Endorsements. The Seller shall cause the insurers to provide the following endorsement items in the commercial general liability and, if applicable, umbrella or excess liability policies relating to the ownership, construction, operation and maintenance of the Complex provided pursuant to Section 12.1:
(a) The Purchaser, its directors, officers and employees shall be additional insureds under such policies with respect to claims arising out of or in connection with this Agreement;
(b) The insurance shall be primary with respect to the interest of the Purchaser, its directors, officers, and employees and any other insurance maintained by them is excess and not contributory with such policies;
(c) The following separation of interests clause shall be made a part of the policy: “In the event of claims being made by reason of (i) personal and/or bodily injuries suffered by any employee or employees of one insured hereunder for which another insured hereunder is or may be liable, or (ii) damage to property belonging to any insured hereunder for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is made or may be made in the same manner as if separate policies have been issued to each insured hereunder, except with respect to the limits of insurance.”;
(d) The insurer shall waive all rights of subrogation against the Purchaser, its officersdirectors, directors officers and employees; and
(e) Notwithstanding any provision of the policy, the policy may not be canceled canceled, or not renewed without renewed, or materially changed by the insurer endeavouring to give without giving thirty (30) Days written notice to the Purchaser except in the case of non-payment, in which case it will be ten (10) Days with prior written notice to the Purchaser, except in the case of non payment, in which case the prior written notice to the Purchaser shall be ten (10) Days. All other terms and conditions of the policy shall remain unchanged.
Appears in 1 contract
Samples: Energy Purchase Agreement
Policy Endorsements. The Seller shall cause the insurers to provide the following endorsement items in the commercial general liability and, if applicable, umbrella or excess liability policies relating to the ownership, construction, operation and maintenance of the Complex provided pursuant to Section 12.1:
(ai) The Purchaser, its directors, officers and employees shall be additional insureds under such policies with respect to claims arising out of or in connection with this Agreement;
(bii) The insurance shall be primary with respect to the interest of the Purchaser, its directors, officersofficers and employees, and employees and any other insurance maintained by them is excess and not contributory with such policies;
(ciii) The following separation of interests clause shall be made a part an integral clause of the policy: “In the event of claims being made by reason of (i) personal and/or bodily injuries suffered by any employee or employees of one insured hereunder for which another insured hereunder is or may be liable, or (ii) damage to property belonging to any insured hereunder for which another insured is or may be liable, liable then this policy shall cover such insured against whom a claim is made or may be made in the same manner as if separate policies have been issued to each insured hereunder, except with respect to the limits of insurance.”;
(div) The insurer shall waive all rights of subrogation against the Purchaser, its officers, directors and employees; and
(ev) Notwithstanding any provision of the policy, the policy may not be canceled cancelled or not renewed allowed to lapse without the insurer endeavouring to give thirty (30) Days prior written notice to the Purchaser except in the case of non-payment, in which case it will the prior written notice to the Purchaser shall be ten (10) Days with prior written notice to the PurchaserDays. All other terms and conditions of the policy shall remain unchanged.
Appears in 1 contract
Samples: Energy Purchase Agreement
Policy Endorsements. The Seller shall cause the insurers to provide the following endorsement items in the commercial general liability and, if applicable, umbrella or excess liability policies relating to the ownership, construction, Commissioning, operation and maintenance of the Complex provided pursuant to Section 12.1:
(ai) The Purchaser, its directors, officers and employees shall be additional insureds under such policies with respect to claims arising out of or in connection with this Agreement;
(bii) The insurance shall be primary with respect to the interest of the Purchaser, its directors, officersofficers and employees, and employees and any other insurance maintained by them is excess and not contributory with such policies;
(ciii) The following separation of interests clause shall be made a part an integral clause of the policy: “In the event of claims being made by reason of (iof(i) personal and/or bodily injuries suffered by any employee or employees of one insured hereunder for which another insured hereunder is or may be liable, or (ii) damage to property belonging to any insured hereunder for which another insured is or may be liable, liable then this policy shall cover such insured against whom a claim is made or may be made in the same manner as if separate policies have been issued to each insured hereunder, except with respect to the limits of insurance.”;
(div) The insurer shall waive all rights of subrogation against the Purchaser, its officers, directors and employees; and
(ev) Notwithstanding any provision of the policy, the policy may not be canceled cancelled or not renewed allowed to lapse without the insurer endeavouring to give thirty (30) Days prior written notice to the Purchaser except in the case of non-payment, in which case it will the prior written notice to the Purchaser shall be ten (10) Days with prior written notice to the PurchaserDays. All other terms and conditions of the policy shall remain unchanged.
Appears in 1 contract
Samples: Energy Purchase Agreement
Policy Endorsements. The Seller shall cause the insurers to provide the following endorsement items in the comprehensive or commercial general liability and, if applicable, umbrella or excess liability policies relating to the ownership, construction, operation and maintenance of the Complex provided pursuant to Section 12.1:
(a) The Purchaser, its directors, officers and employees shall be additional insureds under such policies with respect to claims arising out of or in connection with this Agreement;
(b) The insurance shall be primary with respect to the interest of the Purchaser, its directors, officers, and employees and any other insurance maintained by them is excess and not contributory with such policies;
(c) The following separation of interests cross liability clause shall be made a part of the policy: “In the event of claims being made by reason of (i) personal and/or bodily injuries suffered by any employee or employees of one insured hereunder for which another insured hereunder is or may be liable, or (ii) damage to property belonging to any insured hereunder for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is made or may be made in the same manner as if separate policies have been issued to each insured hereunder, except with respect to the limits of insurance.”;
(d) The insurer shall waive all rights of subrogation against the Purchaser, its officers, directors and employees; and
(e) Notwithstanding any provision of the policy, the policy may not be canceled or not renewed without or materially changed by the insurer endeavouring to give without giving thirty (30) Days written notice to the Purchaser except in the case of non-payment, in which case it will be ten (10) Days with prior written notice to the Purchaser. All other terms and conditions of the policy shall remain unchanged.
Appears in 1 contract
Samples: Energy Purchase Agreement
Policy Endorsements. 20.8.1 The Seller Concessionaire shall cause the insurers insurance companies to provide the following endorsement items in the commercial general liability and, if applicable, umbrella or excess liability policies relating to the ownership, construction, operation Operation and maintenance Maintenance of the Complex Concession Assets provided pursuant to Section 12.1:this Article 20 (Insurances) and SCHEDULE I (Insurances):
(a) The Purchaserthe Authority, its directorsofficers, officers servants and employees agents shall be additional insureds additionally insured under such policies with respect to claims arising out of or in connection with this Agreement;
(b) The the insurance shall be primary with respect to the interest of the PurchaserAuthority, its directors, officers, servants and employees agents and any other insurance maintained by them is excess and not contributory with such policies;
(c) The the following separation of interests interests’ clause shall be made a part of the policy: “In the event of claims being made by reason of (i) personal and/or bodily injuries suffered by any employee or employees of one insured hereunder for which another insured hereunder is or may be liable, or (ii) damage to property belonging to any insured hereunder for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is made or may be made in the same manner as if separate policies have been issued to each insured hereunder, except with respect to the limits of insurance.”;
(d) The the insurer shall waive all rights of subrogation against the PurchaserAuthority, its officers, directors servants and employeesagents; and
(e) Notwithstanding notwithstanding any provision of the policy, the policy may not be canceled or not renewed without the insurer endeavouring endeavoring to give thirty (30) Days days written notice to the Purchaser Authority except in the case of non-payment, in which case it will be ten (10) Days days with prior written notice to the PurchaserAuthority. All other terms and conditions of the policy shall remain unchanged.
21. FORCE MAJEURE
Appears in 1 contract
Samples: Concession Agreement
Policy Endorsements. The Seller Company shall cause the insurers to provide the following endorsement items in the comprehensive or commercial general liability and, if applicable, umbrella or excess liability policies relating to the ownership, construction, operation and maintenance of the Complex provided pursuant to Section 12.112.1 hereinabove:
(a) The Power Purchaser, its directors, officers and employees shall be additional insureds under such policies with respect to claims arising out of or in connection with this Agreement;
(b) The insurance shall be primary with respect to the interest of the Power Purchaser, its directors, officers, and employees and any other insurance maintained by them is excess and not contributory with such policies;
(c) The following separation of interests cross liability clause shall be made a part of the policy: “In the event of claims being made by reason of (i) personal and/or bodily injuries suffered by any employee or employees of one insured hereunder for which another insured hereunder is or may be liable, or (ii) damage to property belonging to any insured hereunder for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is made or may be made in the same manner as if separate policies have been issued to each insured hereunder, except with respect to the limits of insurance.”;
(d) The insurer shall waive all rights of subrogation against the Power Purchaser, its officers, directors and employees; and
(e) Notwithstanding any provision of the policy, the policy may not be canceled or not renewed without or materially changed by the insurer endeavouring to give without giving thirty (30) Days written notice to the Power Purchaser except in the case of non-non payment, in which case it will be ten (10) Days with prior written notice to the Power Purchaser. All other terms and conditions of the policy shall remain unchanged.
Appears in 1 contract
Samples: Power Purchase Agreement