Terms of Insurance. Any policies carried in accordance with Section 6(a) hereof and any policies taken out in substitution or replacement for any such policies shall (i) insure the interests of and name as additional insureds, Original Lessor and its respective officers, directors, employees and agents (the "Additional Insureds") and provide that the Additional Insureds bear no liability for the payment of premiums; (ii) provide that the coverages afforded by such policies to the Additional Insureds shall not be invalidated by any act or omission of any named insured or other person which results in a violation of the terms, conditions or warranties of the policies, provided that the named insured or the person so protected has not caused, contributed to or knowingly condoned the said act or omission; (iii) provide that if there is any cancellation of the insurance, such cancellation shall not be effective as to any Additional Insured for thirty (30) days (with respect to war risk insurance, seven (7) days or such lesser period as may be customarily available) after the underwriters of such insurance issue written notice of such cancellation or alteration; (iv) contain a waiver by the insurers of (A) all rights of subrogation against any and all of the Additional Insureds and (B) and rights of set-off, counterclaim or any other deductions whether by attachment or otherwise, which they may have against any Additional Insured; and (v) be primary and without right of contribution from any other insurance carried by any of the Additional Insureds, and shall expressly provide that all of the provisions thereof (except limits of liability) shall operate in the same manner as if there were a separate policy covering each Additional Insured; with substantially the same endorsements (insofar as the same apply to liability coverage) as are currently in effect with respect to the Engine.
Appears in 1 contract
Samples: Engine Lease Novation Agreement (Western Pacific Airlines Inc /De/)
Terms of Insurance. Any (i) Without limiting any of Sublessee's obligations hereunder, any policies carried in accordance with Section 6(a9(a) hereof of this Sublease covering the Aircraft or the Engines and any policies taken out in substitution or replacement for any such policies shall shall:
(iA) insure the interests of of, and name as additional insureds, Original Lessor and its respective officers, directors, employees and agents each Indemnitee (the "Additional Insureds") and provide that the Additional Insureds bear no liability for the payment of premiums; ;
(ii) provide that the coverages afforded by such policies to the Additional Insureds shall not be invalidated by any act or omission of any named insured or other person which results in a violation of the terms, conditions or warranties of the policies, provided that the named insured or the person so protected has not caused, contributed to or knowingly condoned the said act or omission; (iiiB) provide that if the insurers cancel such insurance for any reason whatever, or the same is allowed to lapse for nonpayment of premium, or if there is any alteration, termination, or cancellation (whether by Sublessee or any other Person and for whatever reason) of the insurance, such cancellation, lapse, alteration, termination or cancellation shall not be effective as to any the Additional Insured Insureds for thirty (30) days (with respect to war risk insurance, insurance seven (7) days or such lesser the maximum shorter or longer period as may be customarily availableavailable in the market for any portion of the required war risk coverage) after receipt by such Additional Insureds of notice from such insurers thereof;
(C) provide that in respect of the underwriters interest of Sublessor and each other Additional Insured in such policies, such insurance issue written notice shall not be invalidated by any action or inaction of Sublessee or any other Person and shall insure Sublessor's and the Additional Insureds' interests, regardless of any breach or violation by Sublessee or any other Person of any warranties declarations or conditions contained in such cancellation or alteration; policies;
(ivD) Shall contain a waiver by the insurers of (Ai) all rights of subrogation against any and all of the Additional Insureds and (Bii) and any rights of set-off, counterclaim or any other deductions whether by attachment or otherwise, which they may have against any Additional Insured; and ;
(vE) be shall by primary and without right of contribution from any other insurance carried by any of the Additional Insureds, and shall expressly provide that all of the provisions provide that all of the provisions thereof (except limits of liability) shall operate in the same manner as if there were a separate policy covering each Additional Insured; and
(F) shall, with substantially respect to hull risk, hull war risk and allied perils insurance, include a 50%-50% provision.
(ii) Any policies carried in accordance with Section 9(b) of this Sublease covering the Aircraft or the Engines and any policies taken out in substitution or replacement for any such policies shall:
(A) insure the interests of, and name as additional insureds, each Indemnitee (the "Additional Insureds") and provide that the Additional Insureds bear no liability for the payment of premiums;
(B) during any time period during which the Mortgage shall remain in effect, be made payable in the United States to the extent of the Stipulated Loss Value to Agent as sole "loss payee" and thereafter to Lessor, as sole "loss payee" (except that proceeds with respect to partial loss or damage of less than $750,000 to Sublessee subject to the last sentence of Section 9(d));
(C) provide that if the insurers cancel such insurance for any reason whatever, or the same endorsements is allowed to lapse for nonpayment of premium, or if there is any alteration, termination or cancellation (insofar whether by Sublessee or any other Person and for whatever reason) of the insurance, such cancellation, lapse, alteration, termination or cancellation shall not be effective as to the Additional Insureds for thirty (30) days (with respect to war risk insurance seven (7) days or the maximum shorter or longer period available in the market for any portion of the required war risk coverage) after receipt by such Additional Insureds of notice from such insurers thereof;
(D) provide that in respect of the interest of Sublessor and each other Additional Insured in such policies, such insurance shall not be invalidated by any action or inaction of Sublessee or any other Person and shall insure Sublessor's and the Additional Insureds' interests, regardless of any breach or violation by Sublessee or any other Person of any warranties declaration or conditions contained in such policies;
(E) shall contain a waiver by the insurers of all rights of subrogation against any and all of the Additional Insureds; and
(F) shall be primary and without right of contribution form any of the Additional Insureds; and
(iii) All amounts payable under policies carried in accordance with this Section 9 shall be paid in immediately available, freely transferable Dollars in the United States. In the case of a lease or contract with the United States or any Government Entity thereof in respect of the Aircraft, a valid agreement duly assigned to Sublessor to indemnify Sublessee against the same apply risks that Sublessee is required under Section 9(b) to liability coverage) as are currently insure against by the United States or such Government Entity in effect an amount at least equal to the Stipulated Loss Value shall be considered adequate insurance with respect to the EngineAircraft to the extent of the risks and in the amounts that are the subject of any such agreement to indemnify.
(iv) All insurance maintained pursuant to this Section 9 shall be (A) maintained with recognized aircraft and aviation insurance companies in the United States or international markets that normally participate in aviation insurance or (B) supported by 99% reinsurance issued by recognized aircraft and aviation insurance companies in the international markets that normally participate in international aviation insurance. Any such reinsurance shall be with insurers, in form and in amounts reasonably satisfactory to Sublessor and Lender and shall be subject to "cut through" endorsements or other endorsements or agreements satisfactory in form and substance to Sublessor and Agent which shall provide that all payments under such reinsurance in respect of losses shall be paid (x) in the case of insurance maintained pursuant to Section 9(a) hereof, to the applicable Additional Insured or (y) in the case of insurance maintained pursuant to Section 9(b) hereof, to Agent for so long as the Mortgage shall remain in effect and thereafter to Lessor as sole "loss payee" (except as provided in Section 9(c)(ii)(B)) and not to any such primary insurance company.
Appears in 1 contract
Samples: Sublease Agreement (Western Pacific Airlines Inc /De/)
Terms of Insurance. Any policies carried The insurance obtained by the Contractor pursuant to section 12.1 of these General Conditions of Contract shall, unless otherwise stated above or unless otherwise expressly provided in the Contract Documents, be provided in accordance with Section 6(athe following terms and conditions:
(a) hereof all insurance coverage specified in section 12.1(a), (b), (c), (d) and any policies taken out in substitution or replacement for any such policies shall (i) insure shall provide for combined single limit liability for each occurrence of no less than amounts selected and approved by Owner and such coverage shall otherwise be in a form acceptable to Owner. In no event shall the interests minimum coverage be less than $1,000,000 per occurrence.
(b) the Contractor shall provide Owner with satisfactory proof of insurance coverage required by this Section 12 prior to the Contractor entering upon the Plant Site and name thereafter when requested by Owner. The Contractor will provide certified copies of actual insurance documents if requested by Owner. In the event that any insurance required by this section 12 expires, is cancelled or otherwise lapses during the term of this Contract, Work under the Contract shall immediately cease and shall resume only after satisfactory proof of insurance in compliance with section 12 is provided to Owner.
(c) Owner and its parent, affiliate and subsidiary companies shall be included as additional insuredsinsureds on a primary basis for liability arising out of or in relation to the Contractor’s work or operations performed under or incidental to this Contract, Original Lessor and its respective officers, directors, employees and agents (except for the "Additional Insureds"coverage required in section 12.1(c) and (e) of these General Conditions of Contract.
(d) Each insurance policy shall provide that the Additional Insureds bear no liability for the payment 30 days’ prior written notice (sent by certified mail, return receipt requested) shall be given to Owner of premiums; (ii) provide that the coverages afforded by such policies to the Additional Insureds shall not be invalidated by any act or omission of any named insured or other person which results in a violation of the terms, conditions or warranties of the policies, provided that the named insured or the person so protected has not caused, contributed to or knowingly condoned the said act or omission; (iii) provide that if there is any cancellation of any such policy or policies or of any change material to the insuranceinterest of Owner.
(e) All insurance maintained by the Contractor will be primary insurance and non-contributing with any insurance or self- insurance program maintained by Owner.
(f) To the extent permitted by applicable law, such cancellation each insurance policy maintained by the Contractor related to the operations under this Contract shall not be effective as to any Additional Insured for thirty (30) days (with respect to war risk insurance, seven (7) days or such lesser period as may be customarily available) after include an endorsement providing that the underwriters of such insurance issue written notice of such cancellation or alteration; (iv) contain a waiver by the insurers of (A) will waive all rights of recovery, under subrogation or otherwise, against any Owner Indemnified Parties.
(g) Owner is to be included by endorsement as an Additional Insured on Contractor’s Commercial General Liability, Automobile Liability and all Pollution Liability Insurance policies and must be as so designated on the Certificate(s) of Insurance. The Additional Insurance endorsement MUST be attached to the Certificate of Insurance.
(h) All policies shall be written by responsible insurance companies with a Best’s rating of A- VIII or better and be licensed to do business in the State of New York.
(i) Coverage is to be written on an “Occurrence” form. If coverage is written on a “Claims Made” or “Claims First Made” form, coverage must be maintained for a period of not less than twenty-four (24) months after the completion of the Additional Insureds and Work.
(Bj) and rights Contractor shall not do anything to cause any of set-offthe insurance required to be provided to be invalidated in whole or in part.
(k) The insurance requirements set forth herein shall in no way limit Contractor’s or any Subcontractor’s liability arising out of work performed under this Contract, counterclaim or any liability under the indemnification provisions set forth in any other contract entered into with Owner or any other deductions whether by attachment or otherwise, which they may have against any Additional Insured; and (v) be primary and without right of contribution from any other insurance carried by any of the Additional Insureds, and shall expressly provide that all of the provisions thereof (except limits of liability) shall operate contained in the same manner Contract Documents. The inclusions, coverage and limits set forth herein are the minimum inclusions, coverage and limits required by the Owner and should not be construed as if there were a separate limitation of Owner’s rights under any policy covering each Additional Insured; with substantially the same endorsements (insofar as the same apply to liability coverage) as are currently in effect with respect to the Enginehigher limits.
Appears in 1 contract
Samples: Participation Agreement
Terms of Insurance. Any policies carried in accordance with Section 6(a) hereof and any policies taken out in substitution or replacement for any such policies shall (i) insure the interests of and name as additional insureds, each of the Original Lessor Lessor, Amerilease and its Sublessor and their respective officers, directors, employees and agents (the "Additional Insureds") and provide that the Additional Insureds bear no liability for the payment of premiums; (ii) provide that the coverages afforded by such policies to the Additional Insureds shall not be invalidated by any act or omission of any named insured or other person which results in a violation of the terms, conditions or warranties of the policies, provided that the named insured or the person so protected has not caused, contributed to or knowingly condoned the said act or omission; (iii) provide that if there is any cancellation of the insurance, such cancellation shall not be effective as to any Additional Insured for thirty (30) days (with respect to war risk insurance, seven (7) days or such lesser period as may be customarily available) after the underwriters of such insurance issue written notice of such cancellation or alteration; (iv) contain a waiver by the insurers of (A) all rights of subrogation against any and all of the Additional Insureds and (B) and rights of set-off, counterclaim or any other deductions whether by attachment or otherwise, which they may have against any Additional Insured; and (v) be primary and without right of contribution from any other insurance carried by any of the Additional Insureds, and shall expressly provide that all of the provisions thereof (except limits of liability) shall operate in the same manner as if there were a separate policy covering each Additional Insured; with substantially the same endorsements (insofar as the same apply to liability coverage) as are currently in effect with respect to the EngineAircraft.
Appears in 1 contract
Samples: Aircraft Lease Novation Agreement (Western Pacific Airlines Inc /De/)
Terms of Insurance. Any (i) Without limiting any of Lessee's obligations hereunder, any policies carried in accordance with Section 6(aSECTION 9(A) hereof of this Lease covering the Aircraft or the Engines and any policies taken out in substitution or replacement for any such policies shall shall:
(iA) insure the interests of of, and name as additional insureds, Original Lessor and its respective officers, directors, employees and agents each Indemnitee (the "Additional InsuredsADDITIONAL INSUREDS") and provide that the Additional Insureds bear no liability for the payment of premiums; ;
(ii) provide that the coverages afforded by such policies to the Additional Insureds shall not be invalidated by any act or omission of any named insured or other person which results in a violation of the terms, conditions or warranties of the policies, provided that the named insured or the person so protected has not caused, contributed to or knowingly condoned the said act or omission; (iiiB) provide that if the insurers cancel such insurance for any reason whatever, or the same is allowed to lapse for nonpayment of premium, or if there is any alteration, termination, or cancellation (whether by Lessee or any other Person and for whatever reason) of the insurance, such cancellation, lapse, alteration, termination or cancellation shall not be effective as to any the Additional Insured Insureds for thirty (30) days (with respect to war risk insurance, insurance seven (7) days or such lesser the maximum shorter or longer period as may be customarily availableavailable in the market for any portion of the required war risk coverage) after receipt by such Additional Insureds of notice from such insurers thereof;
(C) provide that in respect of the underwriters interest of Lessor and each other Additional Insured in such policies, such insurance issue written notice shall not be invalidated by any action or inaction of Lessee or any other Person and shall insure Lessor's and the Additional Insureds' interests, regardless of any breach or violation by Lessee or any other Person of any warranties declarations or conditions contained in such cancellation or alteration; policies;
(ivD) shall contain a waiver by the insurers of (Ai) all rights of subrogation against any and all of the Additional Insureds and (Bii) and any rights of set-off, counterclaim or any other deductions whether by attachment or otherwise, which they may have against any Additional Insured; and ;
(vE) shall be primary and without right of contribution from any other insurance carried by any of the Additional Insureds, and shall expressly provide that all of the provisions provide that all of the provisions thereof (except limits of liability) shall operate in the same manner as if there were a separate policy covering each Additional Insured; and
(F) shall, with substantially respect to hull risk, hull war risk and allied perils insurance, include a 50%-50% provision.
(ii) Any policies carried in accordance with SECTION 9(B) of this Lease covering the Aircraft or the Engines and any policies taken out in substitution or replacement for any such policies shall:
(A) insure the interests of, and name as additional insureds, each Indemnitee (the "ADDITIONAL INSUREDS") and provide that the Additional Insureds bear no liability for the payment of premiums;
(B) be made payable in the United States to the extent of the Stipulated Loss Value to KGAL, as sole "loss payee" (except that proceeds with respect to partial loss or damage of less than $[ ]* shall be payable to Lessee subject to the last sentence of SECTION 9(D));
(C) provide that if the insurers cancel such insurance for any reason whatever, or the same endorsements is allowed to lapse for nonpayment of premium, or if there is any alteration, termination or cancellation (insofar whether by Lessee or any other Person and for whatever reason) of the insurance, such cancellation, lapse, alteration, termination or cancellation shall not be effective as to the Additional Insureds for thirty (30) days (with respect to war risk insurance seven (7) days or the maximum shorter or longer period available in the market for any portion of the required war risk coverage) after receipt by such Additional Insureds of notice from such insurers thereof;
(D) provide that in respect of the interest of Lessor and each other Additional Insured in such policies, such insurance shall not be invalidated by any action or inaction of Lessee or any other Person and shall insure Lessor's and the Additional Insureds' interests, regardless of any breach or violation by Lessee or any other Person of any warranties declarations or conditions contained in such policies;
(E) shall contain a waiver by the insurers of all rights of subrogation against any and all of the Additional Insureds; and
(F) shall be primary and without right of contribution from any of the Additional Insureds; and
(iii) All amounts payable under policies carried in accordance with this SECTION 9 shall be paid in immediately available, freely transferable Dollars in the United States. In the case of a lease or contract with the United States or any Government Entity thereof in respect of the Aircraft, a valid agreement duly assigned to Lessor to indemnify Lessee against the same apply risks that Lessee is required under SECTION 9(B) to liability coverage) as are currently insure against by the United States or such Government Entity in effect an amount at least equal to the Stipulated Loss Value shall be considered adequate insurance with respect to the EngineAircraft to the extent of the risks and in the amounts that are the subject of any such agreement to indemnify.
(iv) All insurance maintained pursuant to this SECTION 9 shall be (A) maintained with recognized aircraft and aviation insurance companies in the United States or international markets that normally participate in aviation insurance or (B) supported by 99% reinsurance issued by recognized aircraft and aviation insurance companies in the international markets that normally participate in international aviation insurance. Any such reinsurance shall be with insurers, in form and in amounts reasonably satisfactory to Lessor and shall be subject to "cut through" endorsements or other endorsements or agreements satisfactory in form and substance to Lessor which shall provide that all payments under such reinsurance in respect of losses shall be paid (x) in the case of insurance maintained pursuant to SECTION 9(A) hereof, to the applicable Additional Insured or (y) in the case of insurance maintained pursuant to SECTION 9(B) hereof, to KGAL as sole "loss payee" (except as provided in SECTION 9(C)(II)(B)) and not to any such primary insurance company.
Appears in 1 contract
Samples: Lease Agreement (Western Pacific Airlines Inc /De/)
Terms of Insurance. Any policies carried The insurance obtained by the Contractor pursuant to section 12.1 of these General Conditions of Contract shall, unless otherwise stated above or unless otherwise expressly provided in the Contract Documents, be provided in accordance with Section 6(athe following terms and conditions:
(a) hereof all insurance coverage specified in section 12.1(a), (b), (c), (d) and any policies taken out in substitution or replacement for any such policies shall (i) insure shall provide for combined single limit liability for each occurrence of no less than amounts selected and approved by Owner and such coverage shall otherwise be in a form acceptable to Owner. In no event shall the interests minimum coverage be less than $1,000,000 per occurrence.
(b) the Contractor shall provide Owner with satisfactory proof of insurance coverage required by this Section 12 priorto the Contractor entering upon the Plant Site and name thereafter when requested by Owner. The Contractor will provide certified copies of actual insurance documents if requested by Owner. In the event that any insurance required by this section 12 expires, is cancelled or otherwise lapses during the term of this Contract, Work under the Contract shall immediately cease and shall resume only after satisfactory proof of insurance in compliance with section 12 is provided to Owner.
(c) Owner and its parent, affiliate and subsidiary companies shall be included as additional insuredsinsureds on a primary basis for liability arising out of or in relation to the Contractor’s work or operations performed under or incidental to this Contract, Original Lessor and its respective officers, directors, employees and agents (except for the "Additional Insureds"coverage required in section 12.1(c) and (e) of these General Conditions of Contract.
(d) Each insurance policy shall provide that the Additional Insureds bear no liability for the payment 30 days’ prior written notice (sent by certified mail, return receipt requested) shall be given to Owner of premiums; (ii) provide that the coverages afforded by such policies to the Additional Insureds shall not be invalidated by any act or omission of any named insured or other person which results in a violation of the terms, conditions or warranties of the policies, provided that the named insured or the person so protected has not caused, contributed to or knowingly condoned the said act or omission; (iii) provide that if there is any cancellation of any such policy or policies or of any change material to the insuranceinterest of Owner.
(e) All insurance maintained by the Contractor will be primary insurance and non-contributing with any insurance or self- insurance program maintained by Owner.
(f) To the extent permitted by applicable law, such cancellation each insurance policy maintained by the Contractor related to the operations under this Contract shall include an endorsement providing that the underwriters will waiveall rights of recovery, under subrogation or otherwise, against Owner Indemnified Parties.
(g) Owner is to be included by endorsement as an Additional Insured on Contractor’s Commercial General Liability, Automobile Liability and Pollution Liability Insurance policies and must be as so designated on the Certificate(s) of Insurance. The Additional Insurance endorsement MUST be attached to the Certificate of Insurance.
(h) All policies shall be written by responsible insurance companies with a Best’s rating of A- VIII or better and be licensed to do business in the State of New York.
(i) Coverage is to be written on an “Occurrence” form. If coverage is written on a “Claims Made” or “Claims First Made” form, coverage must be maintained for a period of not less than twenty-four (24) months after the completion of the Work.
(j) Contractor shall not be effective as do anything to cause any Additional Insured for thirty (30) days (with respect to war risk insurance, seven (7) days or such lesser period as may be customarily available) after the underwriters of such insurance issue written notice of such cancellation or alteration; (iv) contain a waiver by the insurers of (A) all rights of subrogation against any and all of the Additional Insureds and insurance required to be provided to be invalidated in whole or in part.
(Bk) and rights The insurance requirements set forth herein shall in no way limit Contractor’s or any Subcontractor’s liability arising out of set-offwork performed under this Contract, counterclaim or any liability under the indemnification provisions set forth in any other contract entered into with Owner or any other deductions whether by attachment or otherwise, which they may have against any Additional Insured; and (v) be primary and without right of contribution from any other insurance carried by any of the Additional Insureds, and shall expressly provide that all of the provisions thereof (except limits of liability) shall operate contained in the same manner Contract Documents. The inclusions, coverage and limits set forth herein are the minimum inclusions, coverage and limits required by the Owner and should not be construed as if there were a separate limitation of Owner’s rights under any policy covering each Additional Insured; with substantially the same endorsements (insofar as the same apply to liability coverage) as are currently in effect with respect to the Enginehigher limits.
Appears in 1 contract
Samples: Participation Agreement
Terms of Insurance. (i) Any policies carried in accordance with Section 6(a9(a) hereof covering the Engine and any policies taken out in substitution or replacement for any such policies shall shall:
(iA) insure the interests of and name as additional insureds, Original Lessor and its respective officers, directors, employees and agents each Indemnitee (the "Additional Insureds") and provide that none of the Additional Insureds bear no liability for the payment of premiums; ;
(ii) provide that the coverages afforded by such policies to the Additional Insureds shall not be invalidated by any act or omission of any named insured or other person which results in a violation of the terms, conditions or warranties of the policies, provided that the named insured or the person so protected has not caused, contributed to or knowingly condoned the said act or omission; (iiiB) provide that if there is any material adverse alteration or cancellation (whether by Lessee or any other Person and for whatever reason) of the insurance, such alteration or cancellation shall not be effective as to any Additional Insured for thirty (30) days (with respect to war risk insurance, insurance seven (7) days or such lesser the maximum short or longer period as may be customarily availableavailable in the market) after notice is given by the underwriters of the insurance;
(C) provide that in respect of the interest of Lessor and each other Additional Insured in such policies, such insurance issue written notice shall not be invalidated by any action or inaction of Lessee or any other Person and shall insure Lessor's and the Additional Insureds' interests, regardless of any breach or violation by Lessee or any other Person of any warranties, declarations or conditions contained in such cancellation or alteration; policies;
(ivD) contain a waiver by the insurers of (Ax) all rights of subrogation against any and all of the Additional Insureds Insured and (By) and any rights of set-off, counterclaim or any other deductions deduction, whether by attachment or otherwise, which they may have against any Additional Insured; and ;
(vE) shall be primary and without right of contribution from any other insurance carried by any of the Additional Insureds; and
(ii) Any policies carried in accordance with Section 9(b) covering the Engine and any policies taken out in substitution or replacement for any such policies shall:
(A) insure the interests of, and shall expressly name as additional insureds, each Additional Insured and provide that all the Additional Insureds shall bear no liability for the payment of premiums;
(B) be made payable in the United States to the extent of the provisions thereof Engine Loss Value to KGAL as sole "loss payee" (except limits that proceeds with respect to loss or damage of liabilityless than $[ ]* shall be payable to Lessee subject to the last sentence of Section 9(d));
(C) provide that if there is any material adverse alteration or cancellation (whether by Lessee or any other Person and for whatever reason) of the insurance, such alteration or cancellation shall operate not be effective as to the Additional Insureds for thirty (30) days (with respect to war risk insurance seven (7) days or the maximum shorter or longer period customarily available in the same manner as if there were market) after notice is given by the underwriters of the insurance;
(D) provide that in respect of the interest of Lessor and each other Additional Insured in such policies, such insurance shall not be invalidated by any action or inaction of Lessee or any other Person and shall insure Lessor's and the Additional Insureds' interests, regardless of any breach or violation by Lessee or any other Person of any warranties, declarations or conditions contained in such policies; and
(iii) All amounts payable under policies carried in accordance with this Section 9 shall be paid in immediately available Dollars in the United States. In the case of a separate policy covering each Additional Insured; lease or contract with substantially the United States or any Government Entity thereof in respect of the Engine, a valid agreement duly assigned to Lessor to indemnify Lessee against the same endorsements (insofar as risks that Lessee is required under Section 9 to insure against by the same apply United States or such Government Entity in an amount at least equal to liability coverage) as are currently in effect the Engine Loss Value shall be considered adequate insurance with respect to the EngineEngine to the extent of the risks and in the amounts that are the subject of any such agreement to indemnify.
(iv) All insurance maintained pursuant to this Section 9 shall be (A) maintained with recognized aircraft and aviation insurance companies in the United States or international markets that normally participate in aviation insurance or (B) supported by 99% reinsurance issued by recognized aircraft and aviation insurance companies in the international markets that normally participate in aviation insurance. Any such reinsurance shall be with insurers, in form and in amounts reasonably satisfactory to Lessor and shall be subject to "cut through" endorsements or other endorsements or agreements satisfactory in form and substance to Lessor which shall provide that all payments under such reinsurance in respect of losses shall be paid (x) in the case of insurance maintained pursuant to Section 9(a) hereof, to the applicable Additional Insured or (y) in the case of insurance maintained pursuant to Section 9(b) hereof, to KGAL as sole "loss payee" (except as provided in Section 9(c)(ii)(B)) and not to any such primary insurance company.
Appears in 1 contract
Samples: Engine Lease Agreement (Western Pacific Airlines Inc /De/)