Pollution Legal Liability Insurance. Rail Company shall also procure and maintain, at its sole cost and expense, pollution legal liability insurance covering the Rail Company and the Additional Insureds in an amount not less than TWENTY-FIVE MILLION AND NO/100 DOLLARS ($25,000,000) per claim and TWENTY-FIVE MILLION AND NO/100 DOLLARS ($25,000,000.00) aggregate for each policy term (such term not to exceed three (3) years) and maintain such coverage for the duration of the Term of this Agreement. The pollution legal liability policy shall be in place from the Effective Date through the duration of the Term of this Agreement plus an extended reporting period of not less than five (5) years. The policy shall be on a form reasonably acceptable to the Authority and shall include coverage for bodily injury; property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed; cleanup costs and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. Coverage shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants and shall include groundwater pollution, soil pollution, air pollution. Unless such coverage cannot be procured at commercially reasonable rates after good faith effort to procure same by the Rail Company, the policy shall also cover noise pollution and vibration pollution. To the extent that the railroad liability policy described above contains pollution coverage, Rail Company will not be required to carry duplicative insurance under this subsection (6).
Pollution Legal Liability Insurance. 1. Licensee shall maintain Pollution Legal Liability Insurance covering bodily injury, property damage, clean-up costs/remediation expenses and legal defense costs for new pollution conditions both on and off-site. If Licensee’s operations include loading, unloading or transportation of any waste or hazardous materials to or from the Premises, this insurance shall expressly include such activities and any non-owned facilities/sites utilized for the disposal of wastes or hazardous materials transported from the Premises. If the Premises contains any underground storage tank(s), this insurance shall expressly include such tanks.
2. This insurance shall have a limit of at least Million Dollars ($_,000,000) [AGENCY: Fill in numbers in accordance with risk.], and provide coverage for Licensee as Named Insured and the City, together with its officials and employees, as Additional Insured. Coverage for the City shall be at least as broad as Licensee’s. This insurance shall have a retroactive date on or before the effective date of this License, and continuous coverage shall be maintained, or an extended discovery period exercised, for a period of not less than three years after the expiration or termination of this License.
Pollution Legal Liability Insurance. A pollution legal liability policy against on-site and off-site third party bodily injury and property damage claims resulting from pollution related incidents occurring on, in or about the properties (including vehicles) owned, leased or operated by the Borrower and its Restricted Subsidiaries and those occurring at disposal, transfer or other locations not owned, operated or leased by the Borrower or any of its Subsidiaries, including in connection with the transporting of materials of the Borrower or its Subsidiaries comparable in all respects with insurance carried by responsible owners and operators of businesses similar to those of the Borrower and its Restricted Subsidiaries, but in no event less than $5,000,000 inclusive per occurrence and $10,000,000 in the aggregate, and such insurance shall contain all standard extensions customary for such policy and shall cover prior acts.
Pollution Legal Liability Insurance. During the Lease Term and any early access period, Tenant shall maintain pollution legal liability insurance insuring Tenant against liability for bodily injury, property damage (including loss of use of property), legal defense and remediation, and personal injury arising out of the operation, use or occupancy of the Premises. The pollution legal liability insurance shall be in an initial amount of not less than FIVE MILLION DOLLARS ($5,000,000.00) per occurrence and in the aggregate. Tenant shall name Landlord, and Landlord’s property manager, Landlord’s lender, and any other party that Landlord may request, as additional insured’s under such policy. Notwithstanding the foregoing, so long as the current occupant at the Premises’ use of the Premises is primarily limited to the use set forth in Article 25 (Use Exclusivity), the foregoing requirement of this Section 4.04(c) shall be inapplicable to Tenant and of no force or effect.
Pollution Legal Liability Insurance. Tenant shall obtain and maintain in full force and effect and at its own expense during the entire Term of this Lease Agreement, an environmental insurance policy, naming Landlord as an additional insured. The amount of such insurance shall be for not less than $5,000,000 per occurrence, with a self-insured retention amount or deductible of not more than $50,000. In the event Tenant’s use of the Premises materially changes from Tenant’s initial use or Tenant introduces additional types of Hazardous Materials onto the Premises and the Landlord reasonably determines that such amount of coverage is no longer adequate, then the parties agree to negotiate in good faith an increase in the amount of coverage.
Pollution Legal Liability Insurance with a minimum single amount of Five Million Dollars ($5,000,000).
Pollution Legal Liability Insurance. Borrower shall procure and keep in force, or cause to be procured and kept in force, pollution legal liability insurance as specified below. The policy shall cover sums that the insured becomes legally obligated to pay to a third party or for the investigation, removal, remediation (including associated monitoring) or disposal of soil, surface water, groundwater or other contamination to the extent required by environmental laws (together “clean-up costs”) caused by pollution conditions resulting from covered operations, subject to the policy terms and conditions, including bodily injury, property damage (including natural resource damages), clean-up costs, and legal defense costs. Borrower shall be a named insured and the Indemnified Parties shall be the additional insureds under such policy. The policy shall be written so that no acts or omissions of a named insured shall vitiate coverage of the other named insureds. As respects to the obligations of this Agreement, the insured vs. insured exclusion shall have standard lender exemptions for the additional insureds named to the policy. The excess coverage shall have a limit of not less than $25,000,000 per claim and in the aggregate annually, unless applicable regulatory standards impose more stringent coverage requirements.
Pollution Legal Liability Insurance. 1. TENANT shall maintain Pollution Legal Liability insurance covering bodily injury, property damage, clean-up costs/remediation expenses and legal defense costs for new pollution conditions both on and off-site. If TENANT’S operations include loading, unloading or transportation of any waste or hazardous materials to or from the Premises, this insurance shall expressly include such activities and any non-owned facilities/sites utilized for the disposal of wastes or hazardous materials transported from the Premises. If the Premises contains any underground storage tanks, this insurance shall expressly include such tanks.
2. This insurance shall have a limit of at least Million Dollars ($_,000,000) [DCAS: Fill in numbers in accordance with risk.], and provide coverage for TENANT as Named Insured and the City, together with its officials and employees, as Additional Insured. Coverage for the City shall be at least as broad as TENANT’s. This insurance shall have a retroactive date that is on or before the effective date of this Lease, and continuous coverage shall be maintained, or an extended discovery period exercised, for a period of not less than three years after the expiration or termination of this Lease.
Pollution Legal Liability Insurance. 15.3.9.1 Prior to the commencement of and at all times during any subterranean Work or other Work or operations that, in accordance with industry and custom, ordinarily would warrant such coverage, Required Insureds shall procure and maintain Pollution Legal Liability insurance with limits of $[●] per occurrence, $[●] aggregate separate to project.
15.3.9.2 Any insurance deductibles greater than $25,000, as Indexed, must be declared on the certificate of insurance and shall be subject to Landlord’s prior written approval.
15.3.9.3 The Pollution Legal Liability policy shall contain, or be endorsed to contain, the following provisions:
15.3.9.3.1 Landlord Additional Insureds shall be covered as additional insureds with respect to liability arising out of Work or operations performed by or on behalf of Required Insureds.
15.3.9.3.2 For any claims related to the work, Required Insureds’ insurance coverage shall be primary with respect to Landlord and each other additional insured. Any insurance or self-insurance maintained by Landlord or any other additional insured shall be in excess of Required Insureds’ insurance and not contributing with it.
15.3.9.4 If the Pollution Legal Liability policy is written on a claims-made form, the following provisions apply:
15.3.9.4.1 The retroactive date shall be shown on the certificate of insurance and must be prior to, as applicable, the NTP Date or the commencement date of the Sublease, the date of the other applicable contract, or the commencement of the work.
15.3.9.4.2 The insurance must be maintained, and evidence of insurance must be provided for, at least five years after the completion of the work.
15.3.9.4.3 If coverage is cancelled or nonrenewed, and not replaced with another claims-made policy form with a retroactive date prior to the commencement date of the terminating policy, Required Insureds must purchase “extended reporting” coverage for a minimum of five years for the terminating policy.
15.3.9.4.4 A copy of the claims reporting requirements must be submitted to Landlord for review and approval.
Pollution Legal Liability Insurance. A policy will be required covering pollution legal liability on a per store basis with terms and conditions acceptable to the Administrative Agent. The policy will be non‑exclusionary and arranged by the Borrowers, at the Borrowers' expense.
