Common use of Public Liability and Property Damage Insurance Clause in Contracts

Public Liability and Property Damage Insurance. Subject to the rights of the Lessee under Section 9(d), the Lessee shall, without expense to the Lessor, the Indenture Trustee or the Participants, maintain or cause to be maintained in effect at all times during the Term, with insurers of nationally or internationally recognized reputation and responsibility which normally participate in airline insurance programs, comprehensive airline public liability insurance (including, without limitation, aircraft third party liability, baggage and mail and aviation general third party liability, contractual liability, passenger legal liability, cargo liability, property damage liability, general third party legal liability and product liability coverage but excluding manufacturer's product liability coverage) with respect to the Aircraft in an amount not less than the greater of (i) the amount which Lessee may carry from time to time on other similar aircraft in its fleet (whether owned or leased) and (ii) the Minimum Liability Amount; provided that an agreement of the Government for the benefit of the -------- Additional Insureds to insure against or indemnify for substantially the same risks to at least the same amount shall satisfy the requirements of this Section 9(a), provided that on or prior to the date of such agreement, the Lessee shall -------- provide an Officer's Certificate of the Lessee certifying that any such insurance or indemnity provides protection no less favorable than insurance coverage that would comply with this Section 9. Such insurance shall be of the same type and covering the same risks usually carried by the Lessee with respect to similar aircraft and engines and shall provide coverage that is in substantially similar form, of such types and having limits within the range of limits (but no less than the Minimum Liability Amount) as are customarily obtained by similarly situated United States carriers operating similar aircraft on similar routes. (a) to modify the amounts of public liability and property damage insurance, the scope of the risks covered and the type of insurance, in all circumstances to conform to such insurance customary in the United States airlines industry for regional air carriers similarly situated with the Lessee in respect of similar aircraft which are grounded, not in operation, and stored or hangared, except that in all instances, the amounts of coverage and scope of risk covered and the type of insurance shall be at a minimum no less favorable than the insurance as from time to time applicable to aircraft owned or leased by Lessee on the ground, not in operation, and stored or hangared.

Appears in 2 contracts

Samples: Lease Agreement (Midway Airlines Corp), Lease Agreement (Midway Airlines Corp)

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Public Liability and Property Damage Insurance. Subject to the rights of the Lessee under Section 9(d), the Lessee shall, without expense to the Lessor, the Indenture Trustee or the Participants, maintain or cause to be maintained in effect at all times during the Term, with insurers of nationally or internationally recognized reputation and responsibility which normally participate in airline insurance programsan Approved Insurer, comprehensive airline public liability insurance (including, without limitation, aircraft third party liability, baggage and mail and aviation general third party liability, contractual liabilityparty, passenger legal liability, cargo liability, property damage liabilitydamage, general third party legal liability and product liability coverage (in each case, without any exclusion for date recognition coverage) but excluding manufacturer's product liability coverage) with respect to the Aircraft in an amount not less than the greater of (ix) the amount which Lessee may carry from time to time on other similar aircraft in its fleet (whether owned or leased) and (iiy) the Minimum Liability Amount; provided PROVIDED that an agreement of a United States Entity backed by the Government full faith and credit of the United States government for the benefit of the -------- Additional Insureds to insure against or indemnify for substantially the same risks to at least the same amount shall satisfy the requirements of this Section 9(a)11.01, provided PROVIDED FURTHER, that on or prior to the date of such agreement, the Lessee shall -------- provide an Officer's Certificate of the Lessee certifying that any such insurance or indemnity provides protection no less favorable than insurance coverage that would comply with this Section 911.01. Such insurance shall be of the same type and covering the same risks usually carried by the Lessee with respect to similar aircraft and engines engines, and covering risks of the kind customarily insured against by the Lessee and shall provide coverage that is in substantially similar form, of such types and having limits within the range of limits (but no less than the Minimum Liability Amount) as are customarily obtained by be consistent with generally accepted industry-wide practice for airlines similarly situated United States carriers operating to Lessee with regard to the insurance of aircraft similar aircraft on similar routes. to those operated by Lessee and based or operated in any jurisdiction in which the Aircraft may then be based or operated. During any period of more than thirty (a30) days that the Aircraft is placed in short-term or long-term storage status, the Lessee may modify the insurance required by this Section 11.01 to modify the amounts of public liability and property damage insurance, the scope of the risks covered and the type of insurance, in all circumstances to conform to such insurance customary in the United States airlines industry for regional air carriers similarly situated with the Lessee in respect of similar aircraft which are grounded, not placed in operation, and stored short-term or hangaredlong-term storage status, except that in all instances, instances the amounts of coverage and scope of risk covered and the type of insurance shall be at a minimum no less favorable than the insurance as from time to time applicable to aircraft owned or leased by Lessee on the ground, not and in operation, and stored short-term or hangaredlong-term storage status.

Appears in 2 contracts

Samples: Aircraft Lease Agreement (Republic Airways Holdings Inc), Aircraft Lease Agreement (Republic Airways Holdings Inc)

Public Liability and Property Damage Insurance. Subject to the rights of the Lessee under Section 9(d), the Lessee shall, without expense to the Lessor, the Indenture Trustee or the Participants, maintain or cause to be maintained in effect at all times during the Term, Term with insurers of nationally or internationally recognized reputation and responsibility which normally participate in airline insurance programs, comprehensive airline public liability insurance (including, without limitation, aircraft third party liability, baggage and mail and aviation general third party liability, contractual liabilityparty, passenger legal liability, cargo liability, property damage liabilitydamage, general third party legal liability and product liability coverage but excluding manufacturer's product liability coverage) with respect to the Aircraft in an amount not less than the greater of (i) the amount which Lessee may carry from time to time on other similar aircraft in its fleet (whether owned or leased) and (ii) the Minimum Liability Amount; provided that an agreement of the Government for the benefit of the -------- Additional Insureds to insure against or indemnify for substantially the same risks to at least the same amount shall satisfy the requirements of this Section 9(a), provided PROVIDED that on or prior to the date of such agreement, the Lessee shall -------- provide an Officer's Certificate of the Lessee certifying that any such insurance or indemnity provides protection no less favorable than insurance coverage that would comply with this Section 9. Such insurance shall be of the same type and covering the same risks usually carried by the Lessee with respect to similar aircraft and engines engines, and shall provide coverage covering risks of the kind customarily insured against by the Lessee. During any period that the Aircraft is grounded and not in substantially similar formoperation, of such types and having limits within the range of limits (but no less than Lessee may modify the Minimum Liability Amount) as are customarily obtained insurance required by similarly situated United States carriers operating similar aircraft on similar routes. (athis Section 9(a) to modify the amounts of public liability and property damage insurance, the scope of the risks covered and the type of insurance, in all circumstances to conform to such insurance customary in the United States airlines industry for regional air carriers similarly situated with the Lessee in respect of similar aircraft which are grounded, not in operation, and stored or hangared, except that in all instances, the amounts of coverage and scope of risk covered and the type of insurance shall be at a minimum no less favorable than the insurance as from time to time applicable to aircraft owned or leased by Lessee on the ground, not in operation, and stored or hangared.

Appears in 2 contracts

Samples: Lease Agreement (Republic Airways Holdings Inc), Lease Agreement (Republic Airways Holdings Inc)

Public Liability and Property Damage Insurance. Subject to the rights of the Lessee under Section 9(d), the Lessee shall, without expense to the Lessor, the Indenture Trustee or the Participants, maintain or cause to be maintained in effect at all times during the Term, Term with insurers of nationally or internationally recognized reputation and responsibility which normally participate in airline insurance programs, comprehensive airline public liability insurance (including, without limitation, aircraft third party liability, baggage and mail and aviation general third party liability, contractual liabilityparty, passenger legal liability, cargo liability, property damage liabilitydamage, general third party legal liability and product liability coverage but excluding manufacturer's product liability coverage) with respect to the Aircraft in an amount not less than the greater of (i) the amount which Lessee may carry from time to time on other similar aircraft in its fleet (whether owned or leased) and (ii) the Minimum Liability Amount; provided that an -------- agreement of the Government for the benefit of the -------- Additional Insureds to insure against or indemnify for substantially the same risks to at least the same amount shall satisfy the requirements of this Section 9(a), provided that on or -------- prior to the date of such agreement, the Lessee shall -------- provide an Officer's Certificate of the Lessee certifying that any such insurance or indemnity provides protection no less favorable than insurance coverage that would comply with this Section 9. Such insurance shall be of the same type and covering the same risks usually carried by the Lessee with respect to similar aircraft and engines and shall provide coverage that is in substantially similar form, of such types and having limits within the range of limits (but no less than the Minimum Liability Amount) as are customarily obtained by similarly situated United States carriers operating similar aircraft on similar routes. (a. During any period that the Aircraft is grounded and not in operation, the Lessee may modify the insurance required by this Section 9(a) to modify the amounts of public liability and property damage insurance, the scope of the risks covered and the type of insurance, in all circumstances to conform to such insurance customary in the United States airlines industry for regional air carriers similarly situated with the Lessee in respect of similar aircraft which are grounded, not in operation, and stored or hangared, except that in all instances, the amounts of coverage and scope of risk covered and the type of insurance shall be at a minimum no less favorable than the insurance as from time to time applicable to aircraft owned or leased by Lessee on the ground, not in operation, and stored or hangared.

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

Public Liability and Property Damage Insurance. Subject to the rights of the Lessee under Section 9(d), the Lessee shall, without expense to the Lessor, the Indenture Trustee or the Participants, maintain or cause to be maintained in effect at all times during the Term, with insurers of nationally or internationally recognized reputation and responsibility which normally participate in airline insurance programs, comprehensive airline public liability insurance (including, without limitation, aircraft third party liability, baggage and mail and aviation general third party liability, contractual liability, passenger legal liability, cargo liability, property damage liability, general third party legal liability and liability, product liability coverage and standard North American war risk liability coverage buy-backs, but excluding manufacturer's product liability coverage) with respect to the Aircraft in an amount not less than the greater of (i) the amount which Lessee may carry from time to time on other similar aircraft in its fleet (whether owned or leased) and (ii) the Minimum Liability Amount; provided -------- that an agreement of the Government for the benefit of the -------- Additional Insureds to insure against or indemnify for substantially the same risks to at least the same amount shall satisfy the requirements of this Section 9(a), provided that -------- on or prior to the date of such agreement, the Lessee shall -------- provide an Officer's Certificate of the Lessee certifying that any such insurance or indemnity provides protection no less favorable than insurance coverage that would comply with this Section 9. Such insurance shall be of the same type and covering the same risks usually carried by the Lessee with respect to similar aircraft and engines and shall provide coverage that is in substantially similar form, of such types and having limits within the range of limits (but no less than the Minimum Liability Amount) as are customarily obtained by similarly situated United States carriers operating similar aircraft on similar routes. (a) to modify the amounts of public liability and property damage insurance, the scope of the risks covered and the type of insurance, in all circumstances to conform to such insurance customary in the United States airlines industry for regional air carriers similarly situated with the Lessee in respect of similar aircraft which are grounded, not in operation, and stored or hangared, except that in all instances, the amounts of coverage and scope of risk covered and the type of insurance shall be at a minimum no less favorable than the insurance as from time to time applicable to aircraft owned or leased by Lessee on the ground, not in operation, and stored or hangared.

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

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Public Liability and Property Damage Insurance. Subject to the rights of the Lessee under Section 9(d), the Lessee shall, without expense to the Lessor, the Indenture Trustee or the Participants, maintain or cause to be maintained in effect at all times during the Term, Term with insurers of nationally or internationally recognized reputation and responsibility which normally participate in airline insurance programs, comprehensive airline public liability insurance (including, without limitation, aircraft third party liability, baggage and mail and aviation general third party liability, contractual liabilityparty, passenger legal liability, cargo liability, property damage liabilitydamage, general third party legal liability and product liability coverage but excluding manufacturer's product liability coverage) with respect to the Aircraft in an amount not less than the greater of (i) the amount which Lessee may carry from time to time on other similar aircraft in its fleet (whether owned or leased) and (ii) the Minimum Liability Amount; provided that an -------- agreement of the Government for the benefit of the -------- Additional Insureds to insure against or indemnify for substantially the same risks to at least the same amount shall satisfy the requirements of this Section 9(a), provided that on or -------- prior to the date of such agreement, the Lessee shall -------- provide an Officer's Certificate of the Lessee certifying that any such insurance or indemnity provides protection no less favorable than insurance coverage that would comply with this Section 9. Such insurance shall be of the same type and covering the same risks usually carried by the Lessee with respect to similar aircraft and engines engines, and shall provide coverage covering risks of the kind customarily insured against by the Lessee. During any period that the Aircraft is grounded and not in substantially similar formoperation, of such types and having limits within the range of limits (but no less than Lessee may modify the Minimum Liability Amount) as are customarily obtained insurance required by similarly situated United States carriers operating similar aircraft on similar routes. (athis Section 9(a) to modify the amounts of public liability and property damage insurance, the scope of the risks covered and the type of insurance, in all circumstances to conform to such insurance customary in the United States airlines industry for regional air carriers similarly situated with the Lessee in respect of similar aircraft which are grounded, not in operation, and stored or hangared, except that in all instances, the amounts of coverage and scope of risk covered and the type of insurance shall be at a minimum no less favorable than the insurance as from time to time applicable to aircraft owned or leased by Lessee on the ground, not in operation, and stored or hangared.

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

Public Liability and Property Damage Insurance. Subject to the ---------------------------------------------- rights of the Lessee Borrower under Section 9(d4.05(d), the Lessee Borrower shall, without expense to the Lessor, the Indenture Trustee or the ParticipantsLender, maintain or cause to be maintained in effect at all times during the Term, with insurers of nationally or internationally recognized reputation and responsibility which normally participate in airline insurance programs, comprehensive airline public liability insurance (including, without limitation, aircraft third party liability, baggage and mail and aviation general third party liability, contractual liabilityparty, passenger legal liability, cargo liability, property damage liabilitydamage, general third party legal liability and product liability coverage but excluding manufacturer's product liability coverage) with respect to the Aircraft Engines in an amount not less than the greater of (i) the amount which Lessee Borrower may carry from time to time on other similar aircraft engines in its fleet and operated by Borrower (whether owned or leased) and (ii) the Minimum Liability Amount; provided that an agreement of the Government for -------- the benefit of the -------- Additional Insureds to insure against or indemnify for substantially the same risks to at least the same amount shall satisfy the requirements of this Section 9(a4.05(a), provided that on or prior to the date of -------- such agreement, the Lessee Borrower shall -------- provide an Officer's Certificate of the Lessee Borrower certifying that any such insurance or indemnity provides protection no less favorable than insurance coverage that would comply with this Section 94.05. Such insurance shall be of the same type and covering the same risks usually carried by the Lessee Borrower with respect to similar aircraft engines, and engines and shall provide coverage that is in substantially similar form, covering risks of such types and having limits within the range of limits (but no less than kind customarily insured against by the Minimum Liability Amount) as are customarily obtained by similarly situated United States carriers operating similar aircraft on similar routesBorrower. (a) to modify the amounts of public liability and property damage insurance, the scope of the risks covered and the type of insurance, in all circumstances to conform to such insurance customary in the United States airlines industry for regional air carriers similarly situated with the Lessee Borrower in respect of similar aircraft engines which are grounded, not used or in operation, and stored or hangared, except that in all instances, the amounts of coverage and scope of risk covered and the type of insurance shall be at a minimum no less favorable than the insurance as from time to time applicable to aircraft similar engines owned or leased by Lessee on the groundBorrower not used, not in operation, and stored or hangared.

Appears in 1 contract

Samples: Engine Security Agreement (Midway Airlines Corp)

Public Liability and Property Damage Insurance. Subject to the rights of the Lessee under Section 9(d), the Lessee shall, without expense to the Lessor, the Indenture Trustee or the Participants, maintain or cause to be maintained in effect at all times during the Term, Term with insurers of nationally or internationally recognized reputation and responsibility which normally participate in airline insurance programs, comprehensive airline public liability insurance (including, without limitation, aircraft third party liability, baggage and mail and aviation general third party liability, contractual liability, passenger legal liability, cargo liability, property damage liability, general third party legal liability and product liability coverage but excluding manufacturer's product liability coverage) with respect to the Aircraft in an amount not less than the greater of (i) the amount which Lessee may carry from time to time on other similar aircraft in its fleet (whether owned or leased) and (ii) but not less than the Minimum Liability Amount; provided that an agreement of the Government for the benefit of the -------- Additional Insureds to insure against or indemnify for substantially the same risks to at least the same amount shall satisfy the requirements of this Section 9(a), provided that on or prior to the date of such agreement, the Lessee shall -------- provide an Officer's Certificate of the Lessee certifying that any such insurance or indemnity provides protection no less favorable than insurance coverage that would comply with this Section 9. Such insurance shall be of the same type and covering the same risks usually carried by the Lessee with respect to similar aircraft and engines engines, and shall provide coverage covering risks of the kind customarily insured against by the Lessee. During any period that the Aircraft is grounded and not in substantially similar formoperation for any reason, of such types and having limits within the range of limits (but no less than Lessee may modify the Minimum Liability Amount) as are customarily obtained insurance required by similarly situated United States carriers operating similar aircraft on similar routes. (athis Section 9(a) to modify reduce the amounts of public liability and property damage insurance, insurance and (ii) to modify the scope of the risks covered and the type of insurance, in all both circumstances to conform to such insurance customary in the United States airlines industry for regional air carriers similarly situated with the Lessee in respect of similar aircraft which are grounded, not in operation, and stored or hangared, except that in all instances, the amounts of coverage and scope of risk covered and the type of insurance shall be at a minimum no less favorable than the insurance same as from time to time applicable to aircraft owned or leased by Lessee on the ground, not in operation, and stored or hangared.

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

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