Common use of Provisions Relating To All Insurances Clause in Contracts

Provisions Relating To All Insurances. The policies evidencing the Insurances with respect to the Aircraft required under Subsection 10.4 and 10.5 shall: 10.6.1. specifically reference this Agreement and shall provide that the insurers agree that the coverage under the policies is extended (to the extent of the risks covered by the policies) to insure such Aircraft in accordance with the terms of this Agreement; 10.6.2. provide for worldwide coverage (subject only to such exceptions in the War Risks and related insurance as are imposed by the insurers); 10.6.3. provide that the Lessor has no operational interest in the Aircraft; 10.6.4. provide that the Insurances shall not be invalidated, so far as concerns the Indemnitees by any act or omission (including misrepresentation and non-disclosure) by the Lessee or any other person which results in a breach of any term, condition or warranty of such Insurances provided that the Indemnitees have not caused, contributed to or knowingly condoned such act or omission; 10.6.5. provide that the Lessor shall not be liable for any premiums in respect thereof, and that the insurers waive any right of set-off or counterclaim against the Lessor except in respect of outstanding premiums in respect of the Aircraft; 10.6.6. provide that upon payment of any loss or claim to or on behalf of an Indemnitee, the insurers shall to the extent and in respect of such payment be thereupon subrogated to all legal and equitable rights of the Indemnitees. The insurers shall not exercise such rights without the consent of those indemnified, such consent not to be unreasonably withheld. At the expense of the insurers, such persons shall do all things reasonably necessary to assist the insurers to exercise such subrogated rights; and 10.6.7. provide that the Insurances provided under such policy may only be cancelled or materially altered in a manner adverse to the interests of the Lessor by the giving of not less than thirty (30) days' notice in writing to the Lessor except that in the case of War Risks insurance for which seven (7) days' notice (or such lesser period as may be customarily available in respect of war risks or allied perils insurance) will be given or in the case of war between any of the five (5) great powers or nuclear peril for which termination is automatic. Lessee will cause the Approved Broker to advise Lessor in writing promptly of any default in the payment of any premium and of any other act of omission on the part of Lessee of which they have knowledge and which would in the Approved Broker's opinion invalidate or render unenforceable, in whole or in any material part, any insurance on the Aircraft.

Appears in 3 contracts

Samples: Aircraft Lease Agreement (Airfund Ii International Limited Partnership), Aircraft Lease Agreement (American Income Partners v a LTD Partnership), Aircraft Lease Agreement (American Income Fund I-A)

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Provisions Relating To All Insurances. The policies evidencing the ------------------------------------- Insurances with respect to the Aircraft required under Subsection 10.4 and 10.5 shall: 10.6.1. specifically reference this Agreement and shall provide that the insurers agree that the coverage under the policies is extended (to the extent of the risks covered by the policies) to insure such Aircraft in accordance with the terms of this Agreement; 10.6.2. provide for worldwide coverage (subject only to such exceptions in the War Risks and related insurance as are imposed by the insurers, provided that full war risks and related insurance must be in effect at all times for all areas into or over which the Aircraft may operate); 10.6.3. provide that the Lessor has no operational interest in the Aircraft; 10.6.4. provide that the Insurances shall not be invalidated, so far as concerns the Indemnitees by any act or omission (including misrepresentation and non-disclosure) by the Lessee or any other person which results in a breach of any term, condition or warranty of such Insurances provided that the Indemnitees have not caused, contributed to or knowingly condoned such act or omission; 10.6.5. provide that the Lessor shall not be liable for any premiums in respect thereof, and that the insurers waive any right of set-off or counterclaim against the Lessor except in respect of outstanding premiums in respect of the Aircraft; 10.6.6. provide that upon payment of any loss or claim to or on behalf of an Indemnitee, the insurers shall to the extent and in respect of such payment be thereupon subrogated to all legal and equitable rights of the Indemnitees. The insurers shall not exercise such rights without the consent of those indemnified, such consent not to be unreasonably withheld. At the expense of the insurers, such persons shall do all things reasonably necessary to assist the insurers to exercise such subrogated rights; and 10.6.7. provide that the Insurances provided under such policy may only be cancelled or materially altered in a manner adverse to the interests of the Lessor by the giving of not less than thirty (30) days' notice in writing to the Lessor except that in the case of War Risks insurance for which seven (7) days' notice (or such lesser period as may be customarily available in respect of war risks or allied perils insurance) will be given or in the case of war between any of the five (5) great powers or nuclear peril for which termination is automatic. Lessee will cause the Approved Broker to advise Lessor in writing promptly of any default in the payment of any premium and of any other act of omission on the part of Lessee of which they have knowledge and which would in the Approved Broker's opinion invalidate or render unenforceable, in whole or in any material part, any insurance on the Aircraft.

Appears in 1 contract

Samples: Aircraft Lease Agreement (American Income Partners v B LTD Partnership)

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Provisions Relating To All Insurances. The policies evidencing the Insurances with respect to the Aircraft required under Subsection 10.4 and 10.5 shall: 10.6.1. specifically reference this Agreement and shall provide that the insurers agree that the coverage under the policies is extended (to the extent of the risks covered by the policies) to insure such Aircraft in accordance with the terms of this Agreement; 10.6.2. provide for worldwide coverage (subject only to such exceptions in the War Risks and related insurance as are imposed by the insurers, provided that full war risks and related insurance must be in effect at all times for all areas into or over which the Aircraft may operate); 10.6.3. provide that the Lessor has no operational interest in the Aircraft; 10.6.4. provide that the Insurances shall not be invalidated, so far as concerns the Indemnitees by any act or omission (including misrepresentation and non-disclosure) by the Lessee or any other person which results in a breach of any term, condition or warranty of such Insurances provided that the Indemnitees have not caused, contributed to or knowingly condoned such act or omission; 10.6.5. provide that the Lessor shall not be liable for any premiums in respect thereof, and that the insurers waive any right of set-off or counterclaim against the Lessor except in respect of outstanding premiums in respect of the Aircraft; 10.6.6. provide that upon payment of any loss or claim to or on behalf of an Indemnitee, the insurers shall to the extent and in respect of such payment be thereupon subrogated to all legal and equitable rights of the Indemnitees. The insurers shall not exercise such rights without the consent of those indemnified, such consent not to be unreasonably withheld. At the expense of the insurers, such persons shall do all things reasonably necessary to assist the insurers to exercise such subrogated rights; and 10.6.7. provide that the Insurances provided under such policy may only be cancelled or materially altered in a manner adverse to the interests of the Lessor by the giving of not less than thirty (30) days' notice in writing to the Lessor except that in the case of War Risks insurance for which seven (7) days' notice (or such lesser period as may be customarily available in respect of war risks or allied perils insurance) will be given or in the case of war between any of the five (5) great powers or nuclear peril for which termination is automatic. Lessee will cause the Approved Broker to advise Lessor in writing promptly of any default in the payment of any premium and of any other act of omission on the part of Lessee of which they have knowledge and which would in the Approved Broker's opinion invalidate or render unenforceable, in whole or in any material part, any insurance on the Aircraft.

Appears in 1 contract

Samples: Aircraft Lease Agreement (American Income Partners v a LTD Partnership)

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