Shared Policies. If an occurrence for which coverage is available under a Shared Policy happens prior to the Closing Date, and a claim arising therefrom has been or is eventually asserted against the Company or against any other member of the Joint Venture Group and such claim is reported by the Company to ETR and Enexus prior to the Closing Date, then ETR and Enexus will, or will cause their applicable insurance company or members of the Entergy Group and Enexus Group that are insured thereunder to (i) continue to provide the Company and any other member of the Joint Venture Group with access to and coverage under the applicable Shared Policies, and (ii) reasonably cooperate with the Company and take commercially reasonable actions as may be necessary or advisable to assist the Company in submitting such claims under the applicable Shared Policy, provided that the Company shall be responsible for its portion of any deductibles or co-payments legally due and owing relating to such claims.

Shared Policies. 5 1.36 Subsidiary................................................................ 5 1.37

Shared Policies. 5 1.36 Subsidiary....................................................................5 1.37 Tax Agreement.................................................................5 1.38 Tax...........................................................................6 1.39 Warrant.......................................................................6 1.40 Wireless System...............................................................6

Shared Policies. (a) With respect to the Shared Policies of workers’ compensation, automobile liability and general liability insurance, for claims that arise out of occurrences that occur prior to the Distribution Date, Duke Energy will continue to provide GasCo with access to such Shared Policies and shall reasonably cooperate with GasCo and take commercially reasonable actions as may be necessary or advisable to assist GasCo in submitting such claims to which such Shared Policies are responsive; provided, that GasCo shall be responsible for any deductibles or co-payments legally due and owing relating to such claims and Duke Energy shall not be required to maintain such Shared Policies beyond their current terms. (b) With respect to Shared Policies of general liability insurance, if an Occurrence for which coverage is available under Third Party Policies happens prior to the Distribution Date, and a claim arising therefrom has been or is eventually asserted against GasCo and such claim is reported by GasCo to Duke Energy on or before the date that occurs six (6) months after the Distribution Date, then Duke Energy will continue to provide GasCo with access to such Shared Policies and shall reasonably cooperate with GasCo and take commercially reasonable actions as may be necessary or advisable to assist GasCo in submitting such claims to which such Shared Policies are responsive, provided that GasCo shall be responsible for any deductibles on co-payments legally due and owing to such claims. (c) If an occurrence happens after the Distribution date, or an occurrence prior to the Distribution Date is not reported by GasCo to Duke Energy on or before the date that occurs six (6) months after the Distribution Date, then no Shared Policies shall be available for payment of any damages, costs of defense, or other sums with respect to such occurrence, and GasCo agrees and covenants (on behalf of itself, each Company and each Subsidiary and any other Affiliate of GasCo) not to make any claim or assert any rights against Duke Energy of any Non-Company Affiliate pursuant to this Section 10.3. (d) With respect to all Shared Policies, for claims that arise out of occurrences that occur prior to the Distribution Date, GasCo shall be responsible for bearing the full amount of the deductible and/or any claims, costs and expenses that are not covered under such insurance policies for its claims. Duke Energy will be responsible for bearing the full amount of the deductible and/or any cl...

Shared Policies. (a) If an occurrence for which coverage is available under a Shared Policy happens prior to the Effective Time, and a claim arising therefrom has been or is eventually asserted against Enexus or any other member of the Enexus Group and such claim is reported by Enexus to Entergy prior to the Effective Time, then Entergy will, or will cause the applicable insurance company or members of the Entergy Group that are insured thereunder to (i) continue to provide Enexus and any other member of the Enexus Group with access to and coverage under the applicable Shared Policies, and (ii) reasonably cooperate with Enexus and take commercially reasonable actions as may be necessary or advisable to assist Enexus in submitting such claims under the applicable Shared Policy, provided that Enexus shall be responsible for its portion of any deductibles or co-payments legally due and owing relating to such claims.

Shared Policies. HEI and ASB Hawaii hereby agree to use their respective reasonable best efforts to obtain separate Insurance Policies for ASB Hawaii on substantially similar terms as the Shared Policies, effective in each case prior to or on the Distribution Date (it being understood that ASB Hawaii shall be responsible for all premiums, costs and fees associated with any new Insurance Policies placed for the benefit of ASB Hawaii pursuant to this Section 7.1(b), which, for the avoidance of doubt, shall exclude any premiums, costs and fees associated with any run-off Insurance Policy obtained by HEI in connection with the Distribution).

Related to Shared Policies

Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 11.5.1 The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 11.5.2 Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 11.5.3 If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
Umbrella Policies Contractor may satisfy basic coverage limits through any combination of basic coverage and umbrella insurance.
Deductibles and Self-Insurance Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigation, claims administration and defense expenses within the deductible or self-insured retention. The deductible or self-insured retention may be satisfied by either the named insured or the City.
Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by CITY's Risk Manager. At the option of CITY, either; the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officer, employees, agents and contractors; or GRANTEE shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by the CITY's Risk Manager.
Excess/Umbrella Liability Policies Required insurance coverage limits may be provided through a combination of primary and excess/umbrella liability policies. If coverage limits are provided through excess/umbrella liability policies, then a Schedule of underlying insurance listing policy information for all underlying insurance policies (insurer, policy number, policy term, coverage and limits of insurance), including proof that the excess/umbrella insurance follows form must be provided after renewal and/or upon request.
Leave Policies 13 5.01 Sick Leave .................................................................. 13 5.011 Entitlement ........................................................ 13 5.012 Accumulation ..................................................... 13 5.013 Reasons ............................................................ 13 5.014 Sick Leave Advance .......................................... 14 5.015 Statement .......................................................... 14 5.016 Falsification ....................................................... 14 5.02
Deductibles and Self-Insured Retention Any deductible or self-insured retention that apply to any insurance required by this Agreement must be declared and approved by COUNTY.
Policies All policies of insurance (the “Policies”) required pursuant to Section 7.1.1 above shall (i) be issued by companies approved by Lender and licensed to do business in the State, with a claims paying ability rating of “A” or better by S&P (and the equivalent by any other Rating Agency) (provided, however for multi-layered policies, (A) if four (4) or less insurance companies issue the Policies, then at least 75% of the insurance coverage represented by the Policies must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P (and the equivalent by any other Rating Agency), with no carrier below “BBB” (and the equivalent by any other Rating Agency) or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P (and the equivalent by any other Rating Agency), with no carrier below “BBB” (and the equivalent by any other Rating Agency), or a rating of A:XV or better in the current Best’s Insurance Reports; (ii) name Lender and its successors and/or assigns as their interest may appear as the mortgagee (in the case of property insurance), loss payee (in the case of business interruption/loss of rents coverage) and an additional insured (in the case of liability insurance); (iii) contain (in the case of property insurance) a Non-Contributory Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to which all payments made by such insurance company shall be paid; (iv) contain a waiver of subrogation against Lender; (v) be assigned and the originals thereof delivered to Lender; (vi) contain such provisions as Lender deems reasonably necessary or desirable to protect its interest, including (A) endorsements providing that neither Borrower, Lender nor any other party shall be a co-insurer under the Policies, (B) that Lender shall receive at least thirty (30) days’ prior written notice of any modification, reduction or cancellation of any of the Policies, (C) an agreement whereby the insurer waives any right to claim any premiums and commissions against Lender, provided that the policy need not waive the requirement that the premium be paid in order for a claim to be paid to the insured and (D) providing that Lender is permitted to make payments to effect the continuation of such policy upon notice of cancellation due to non-payment of premiums; (vii) in the event any insurance policy (except for general public and other liability and workers compensation insurance) shall contain breach of warranty provisions, such policy shall provide that with respect to the interest of Lender, such insurance policy shall not be invalidated by and shall insure Lender regardless of (A) any act, failure to act or negligence of or violation of warranties, declarations or conditions contained in such policy by any named insured, (B) the occupancy or use of the premises for purposes more hazardous than permitted by the terms thereof, or (C) any foreclosure or other action or proceeding taken by Lender pursuant to any provision of the Loan Documents; and (viii) be satisfactory in form and substance to Lender and approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Borrower shall pay the premiums for such Policies (the “Insurance Premiums”) as the same become due and payable and furnish to Lender evidence of the renewal of each of the Policies together with (unless such Insurance Premiums have been paid by Lender pursuant to Section 3.3 hereof) receipts for or other evidence of the payment of the Insurance Premiums reasonably satisfactory to Lender. If Borrower does not furnish such evidence and receipts at least thirty (30) days prior to the expiration of any expiring Policy, then Lender may, but shall not be obligated to, procure such insurance and pay the Insurance Premiums therefor, and Borrower shall reimburse Lender for the cost of such Insurance Premiums promptly on demand, with interest accruing at the Default Rate. Borrower shall deliver to Lender a certified copy of each Policy within thirty (30) days after its effective date. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like.
Insurance Policies Insurance required herein shall be by companies duly licensed or admitted to transact business in the state where the Premises are located, and maintaining during the policy term a "General Policyholders Rating" of at least B+, V, as set forth in the most current issue of "Best's Insurance Guide", or such other rating as may be required by a Lender. Lessee shall not do or permit to be done anything which invalidates the required insurance policies. Lessee shall, prior to the Start Date, deliver to Lessor certified copies of policies of such insurance or certificates evidencing the existence and amounts of the required insurance. No such policy shall be cancelable or subject to modification except after thirty (30) days prior written notice to Lessor. Lessee shall, at least thirty (30) days prior to the expiration of such policies, furnish Lessor with evidence of renewals or "insurance binders" evidencing renewal thereof, or Lessor may order such insurance and charge the cost thereof to Lessee, which amount shall be payable by Lessee to Lessor upon demand. Such policies shall be for a term of at least one year, or the length of the remaining term of this Lease, whichever is less. If either Party shall fail to procure and maintain the insurance required to be carried by it, the other Party may, but shall not be required to, procure and maintain the same.
Other Insurance Policies No action, inaction or event has occurred and no state of facts exists or has existed that has resulted or will result in the exclusion from, denial of, or defense to coverage under any applicable special hazard insurance policy, PMI Policy or bankruptcy bond, irrespective of the cause of such failure of coverage. In connection with the placement of any such insurance, no commission, fee, or other compensation has been or will be received by Seller or by any officer, director, or employee of Seller or any designee of Seller or any corporation in which Seller or any officer, director, or employee had a financial interest at the time of placement of such insurance.

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