Common use of REQUIREMENTS IN INSURANCE POLICIES Clause in Contracts

REQUIREMENTS IN INSURANCE POLICIES. All insurance policies carried in accordance with paragraph (a) or (b) of this Article 10 and all policies taken out in substitution or replacement for any such policies, shall (i) be subject to Lessor's approval, (ii) include a waiver of any rights of subrogation, set-off, counterclaim or other deduction, whether by attachment or otherwise as against Lessor and its successors and assigns (hereafter collectively referred to as the "Additional Insureds"), and the Indemnitees (as defined in Article 8(a)), (iii) name the Additional Insureds, and in respect of the insurance carried in accordance with Article 10(a), the Additional Insureds and the Indemnitees as additional insureds, as their respective interests appear (but without imposing upon any such Additional Insured or Indemnitee any obligation imposed upon the insured, including, without limitation, the liability to pay the premium for such policies), (iv) provide that in respect of the interests of the Additional Insureds and Indemnitees in such policies, the insurance shall not be impaired or invalidated by any action or omission of Lessee or any other person (other than action of such Additional Insured), and shall insure the Additional Insureds and Indemnitees, as their respective interests appear, regardless of any breach or violation by Lessee or any other person (other than such Additional Insured) of any warranties, declarations or conditions contained in such policies, (v) provide that if such insurance is canceled or terminated for any reason whatsoever or is changed in any material respect in relation to the interests of an Additional Insured or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, termination, change or lapse shall not be effective as to such Additional Insured for thirty (30) days (seven (7) days, or such lesser period as is customarily available in accordance with industry practice, in the case of any war risk and allied perils coverage) after receipt by such Additional Insured of written notice by such insurers of such cancellation, termination, change or lapse, (vi) in the event Lessee maintains separate policies to cover all risk aircraft hull and war risk and related perils insurances, all such policies shall include a 50/50 provisional claims settlement arrangement in the event of dispute over which policy covers the loss, (vii) be primary without right of contribution from any other insurance carried by any Additional Insured or Indemnitee with respect to its interest as such in the Aircraft, (viii) be in an amount sufficient to prevent Lessee and any Additional Insured from becoming a co-insurer, (ix) provide for worldwide geographical coverage, except for excluded areas acceptable to Lessor, (x) provide satisfactory coverage against the risks associated with electronic date recognition problems, in the form of AVN2000, AVN2001 and AVN2002, or equivalent, substitute or replacement in respect thereof in accordance with then current market practice (and Lessee shall make and comply with the warranties, representations, and undertakings required to be given in connection with obtaining/maintaining such clauses), and (xi) comply to the extent necessary with the insurance requirements set forth in the Manufacturer's product support and customer training agreements. Each liability insurance policy carried in accordance with section (a) of this Article shall contain a cross-liability endorsement so that each insured, Additional Insured and Indemnitee shall be protected from claims by each other insured, Additional Insured or Indemnitee, and a severability of interest provision which shall expressly provide that all of the provisions thereof shall operate in the same manner as if there were a separate policy covering each insured, Additional Insured and Indemnitee; provided, however, such policies shall not operate to increase the insurers' limit of liability. Lessee shall cause its insurers to agree that the indemnity and hold harmless provisions of Article 8(a) are insured as a contractual assumption of liability by Lessee's insurers, but only to the extent of the risks covered by the policy of insurance.

REQUIREMENTS IN INSURANCE POLICIES. All insurance policies carried in accordance with paragraph (a) or (b) of this Article 10 and all policies taken out in substitution or replacement for any such policies, shall (i) be subject to Lessor's approval, (ii) include a waiver of any rights of subrogation, set-off, counterclaim or other deduction, whether by attachment or otherwise as against Lessor and its each Participant, and their respective successors and assigns (hereafter collectively referred to as the "Additional Insureds"), and the Indemnitees (as defined in Article 8(a)), (iii) name the Additional Insureds, and in respect of the insurance carried in accordance with Article 10(a), the Additional Insureds and the Indemnitees as additional insureds, as their respective interests appear (but without imposing upon any such Additional Insured or Indemnitee any obligation imposed upon the insured, including, without limitation, the liability to pay the premium for such policies), (iv) provide that in respect of the interests of the Additional Insureds and Indemnitees in such policies, the insurance shall not be impaired or invalidated by any action or omission of Lessee or any other person (other than action of such Additional Insured), and shall insure the Additional Insureds and Indemnitees, as their respective interests appear, regardless of any breach or violation by Lessee or any other person (other than such Additional Insured) of any warranties, declarations or conditions contained in such policies, (v) provide that if such insurance is canceled or terminated for any reason whatsoever or is changed in any material respect in relation to the interests of an Additional Insured or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, termination, change or lapse shall not be effective as to such Additional Insured for thirty (30) days (seven (7) days, or such lesser period as is customarily available in accordance with industry practice, in the case of any war risk and allied perils coverage) after receipt by such Additional Insured of written notice by such insurers of such cancellation, termination, change or lapse, (vi) in the event Lessee maintains separate policies to cover all risk aircraft hull and war risk and related perils insurances, all such policies shall include a 50/50 provisional claims settlement arrangement in the event of dispute over which policy covers the loss, (vii) be primary without right of contribution from any other insurance carried by any Additional Insured or Indemnitee with respect to its interest as such in the Aircraft, (viii) be in an amount sufficient to prevent Lessee and any Additional Insured from becoming a co-insurer, (ix) provide for worldwide geographical coverage, except for excluded exclusions of geographical areas reasonably acceptable to Lessor, (x) provide satisfactory coverage against the risks associated with electronic date recognition problems, in the form of AVN2000AVN 2000, AVN2001 and AVN2002, or equivalent, substitute or replacement in respect rexxxxxxxxx xx xxxxxxx thereof in accordance with then current market practice (and Lessee shall make and comply with the warranties, representations, and undertakings required to be given in connection with obtaining/maintaining such clauses)clauses in accordance with then current market practice, and (xi) comply to the extent necessary with the insurance requirements set forth in the Manufacturer's product support and customer training agreements. Each liability insurance policy carried in accordance with section (a) of this Article shall contain a cross-liability endorsement so that each insured, Additional Insured and Indemnitee shall be protected from claims by each other insured, Additional Insured or Indemnitee, and a severability of interest provision which shall expressly provide that all of the provisions thereof shall operate in the same manner as if there were a separate policy covering each insured, Additional Insured and Indemnitee; provided, however, such policies shall not operate to increase the insurers' limit of liability. Lessee shall cause its insurers to agree that the indemnity and hold harmless provisions of Article 8(a) are insured as a contractual assumption of liability by Lessee's insurers, but only to the extent of the risks covered by the policy of insurance.

REQUIREMENTS IN INSURANCE POLICIES. All insurance policies carried in accordance with paragraph (a) or (b) of this Article 10 and all policies taken out in substitution or replacement for any such policies, shall (i) be subject to Lessor's approval, (ii) include a waiver of any rights of subrogation, set-off, counterclaim or other deduction, whether by attachment or otherwise as against Lessor and its successors and assigns (hereafter collectively referred to as the "Additional Insureds"), and the Indemnitees (as defined in Article 8(a)), (iii) name the Additional Insureds, and in respect of the insurance carried in accordance with Article 10(a), the Additional Insureds and the Indemnitees as additional insureds, as their respective interests appear (but without imposing upon any such Additional Insured or Indemnitee any obligation imposed upon the insured, including, without limitation, the liability to pay the premium for such policies), (iv) provide that in respect of the interests of the Additional Insureds and Indemnitees in such policies, the insurance shall not be impaired or invalidated by any action or omission of Lessee or any other person (other than action of such Additional Insured), and shall insure the Additional Insureds and Indemnitees, as their respective interests appear, regardless of any breach or violation by Lessee or any other person (other than such Additional Insured) of any warranties, declarations or conditions contained in such policies, (v) provide that if such insurance is canceled or terminated for any reason whatsoever or is changed in any material respect in relation to the interests of an Additional Insured or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, termination, change or lapse shall not be effective as to such Additional Insured for thirty (30) days (seven (7) days, or such lesser period as is customarily available in accordance with industry practice, in the case of any war risk and allied perils coverage) after receipt by such Additional Insured of written notice by such insurers of such cancellation, termination, change or lapse, (vi) in the event Lessee maintains separate policies to cover all risk aircraft hull and war risk and related perils insurances, all such policies shall include a 50/50 provisional claims settlement arrangement in the event of dispute over which policy covers the loss, (vii) be primary without right of contribution from any other insurance carried by any Additional Insured or Indemnitee with respect to its interest as such in the Aircraft, (viii) be in an amount sufficient to prevent Lessee and any Additional Insured from becoming a co-insurer, (ix) provide for worldwide geographical coverage, except for excluded 10-2 areas acceptable to Lessor, (x) provide satisfactory coverage against the risks associated with electronic date recognition problems, in the form of AVN2000, AVN2001 and AVN2002, or equivalent, substitute or replacement in respect thereof in accordance with then current market practice (and Lessee shall make and comply with the warranties, representations, and undertakings required to be given in connection with obtaining/maintaining such clauses), and (xi) comply to the extent necessary with the insurance requirements set forth in the Manufacturer's product support and customer training agreements. Each liability insurance policy carried in accordance with section (a) of this Article shall contain a cross-liability endorsement so that each insured, Additional Insured and Indemnitee shall be protected from claims by each other insured, Additional Insured or Indemnitee, and a severability of interest provision which shall expressly provide that all of the provisions thereof shall operate in the same manner as if there were a separate policy covering each insured, Additional Insured and Indemnitee; provided, however, such policies shall not operate to increase the insurers' limit of liability. Lessee shall cause its insurers to agree that the indemnity and hold harmless provisions of Article 8(a) are insured as a contractual assumption of liability by Lessee's insurers, but only to the extent of the risks covered by the policy of insurance.

REQUIREMENTS IN INSURANCE POLICIES. All insurance policies carried in accordance with paragraph (a) or (b) of this Article 10 and all policies taken out in substitution or replacement for any such policies, shall (i) be subject to Lessor's approval, (ii) include a waiver of any rights of subrogation, set-off, counterclaim or other deduction, whether by attachment or otherwise as against Lessor and its each Participant, and their respective successors and assigns (hereafter collectively referred to as the "Additional Insureds"), and the Indemnitees (as defined in Article 8(a)), (iii) name the Additional Insureds, and in respect of the insurance carried in accordance with Article 10(a), the Additional Insureds and the Indemnitees as additional insureds, as their respective interests appear (but without imposing upon any such Additional Insured or Indemnitee any obligation imposed upon the insured, including, without limitation, the liability to pay the premium for such policies), (iv) provide that in respect of the interests of the Additional Insureds and Indemnitees in such policies, the insurance shall not be impaired or invalidated by any action or omission of Lessee or any other person (other than action of such Additional Insured), and shall insure the Additional Insureds and Indemnitees, as their respective interests appear, regardless of any breach or violation by Lessee or any other person (other than such Additional Insured) of any warranties, declarations or conditions contained in such policies, (v) provide that if such insurance is canceled or terminated for any reason whatsoever or is changed in any material respect in relation to the interests of an Additional Insured or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, termination, change or lapse shall not be effective as to such Additional Insured for thirty (30) days (seven (7) days, or such lesser period as is customarily available in accordance with industry practice, in the case of any war risk and allied perils coverage) after receipt by such Additional Insured of written notice by such insurers of such cancellation, termination, change or lapse, (vi) in the event Lessee maintains separate policies to cover all risk aircraft hull and war risk and related perils insurances, all such policies shall include a 50/50 provisional claims settlement arrangement in the event of dispute over which policy covers the loss, (vii) be primary without right of contribution from any other insurance carried by any Additional Insured or Indemnitee with respect to its interest as such in the Aircraft, (viii) be in an amount sufficient to prevent Lessee and any Additional Insured from becoming a co-insurer, (ix) provide for worldwide geographical coverage, except for excluded exclusions of geographical areas reasonably acceptable to Lessor, (x) provide satisfactory coverage against the risks associated with electronic date recognition problems, in the form of AVN2000, AVN2001 and AVN2002, or equivalent, substitute or replacement in respect thereof in accordance with then current market practice (and Lessee shall make and comply with the warranties, representations, and undertakings required to be given in connection with obtaining/maintaining such clauses)clauses in accordance with then current market practice, and (xi) comply to the extent necessary with the insurance requirements set forth in the Manufacturer's product support and customer training agreements. Each liability insurance policy carried in accordance with section (a) of this Article shall contain a cross-liability endorsement so that each insured, Additional Insured and Indemnitee shall be protected from claims by each other insured, Additional Insured or Indemnitee, and a severability of interest provision which shall expressly provide that all of the provisions thereof shall operate in the same manner as if there were a separate policy covering each insured, Additional Insured and Indemnitee; provided, however, such policies shall not operate to increase the insurers' limit of liability. Lessee shall cause its insurers to agree that the indemnity and hold harmless provisions of Article 8(a) are insured as a contractual assumption of liability by Lessee's insurers, but only to the extent of the risks risks, covered by the policy of insurance.