Terms of Insurance. 14.4.1 The Private Party shall maintain the aforementioned insurances on the best terms available in the domestic insurance market which are authorised by the relevant State authorities to provide the respective coverage. 14.4.2 Unless SANParks agrees otherwise such terms shall include: 14.4.2.1 waiver of subrogation against SANParks, its agents, servants, officers, employees and contractors; 14.4.2.2 a provision whereby the insurance shall apply to each of the insured as if a separate policy had been issued to each of them other than in the event of exhaustion of the sum insured or limit or indemnity; 14.4.2.3 a breach of a condition or warranty/severability/non-vitiation provisions acceptable to SANParks or if such provisions are not generally available in equivalent policies written in the South African insurance market, each of the Private Party and the Contractor(s) (if any) shall covenant, for the duration of such non-availability, with SANParks in writing that it will not make any misrepresentations to, or breach any condition or warranty made to, the insurer or take or omit to take any action which would cause the relevant insurance policy to fail; 14.4.2.4 a provision which requires the insurer to send copies of all notices of cancellation or any other notices given under or in relation to the policy to SANParks; 14.4.2.5 a provision whereby the policy shall only be cancelled subject to 90 (ninety) Business Days’ notice, or 30 (thirty) Business Days’ notice in respect of non-payment of premium; 14.4.2.6 a provision that a notice of claim given to the insurer by SANParks in respect of the Private Party or any other insured under the policy, shall, in the absence of manifest error, be accepted by the insurer as valid notification of a claim in respect of the interests of all insured parties, a copy of which must be given to the other of them and any other insured; and 14.4.2.7 a provision that such insurance shall be primary and no other policy shall be called into contribution.
Appears in 4 contracts
Samples: Public Private Partnership Agreement, Public Private Partnership Agreement, Public Private Partnership Agreement
Terms of Insurance. 14.4.1 The Private Party shall maintain the aforementioned insurances on the best terms available in the domestic insurance market which are authorised by the relevant State authorities to provide the respective coverage.
14.4.2 Unless SANParks agrees otherwise such terms shall include:
14.4.2.1 waiver of subrogation against SANParks, its agents, servants, officers, employees and contractors;
14.4.2.2 a provision whereby the insurance shall apply to each of the insured as if a separate policy had been issued to each of them other than in the event of exhaustion of the sum insured or limit or indemnity;
14.4.2.3 a breach of a condition or warranty/severability/non-vitiation provisions acceptable to SANParks or if such provisions are not generally available in equivalent policies written in the South African insurance market, each of the Private Party and the Contractor(s) (if any) shall covenant, for the duration of such non-availability, with SANParks in writing that it will not make any misrepresentations to, or breach any condition or warranty made to, the insurer or take or omit to take any action which would cause the relevant insurance policy to fail;
14.4.2.4 a provision which requires the insurer to send copies of all notices of cancellation or any other notices given under or in relation to the policy to SANParks;
14.4.2.5 a provision whereby the policy shall only be cancelled subject to 90 (ninety) Business Days’ notice, or 30 (thirty) Business Days’ notice in respect of non-payment of premium;
14.4.2.6 a provision that a notice of claim given to the insurer by SANParks XXXXxxxx in respect of the Private Party or any other insured under the policy, shall, in the absence of manifest error, be accepted by the insurer as valid notification of a claim in respect of the interests of all insured parties, a copy of which must be given to the other of them and any other insured; and
14.4.2.7 a provision that such insurance shall be primary and no other policy shall be called into contribution.
Appears in 1 contract
Samples: Public Private Partnership Agreement
Terms of Insurance. 14.4.1 11.4.1 The Private Party Lessee shall maintain the aforementioned insurances on the best terms available in the domestic insurance market which are authorised by the relevant State authorities to provide the respective coverage.
14.4.2 11.4.2 Unless SANParks The Lessor agrees otherwise such terms shall include:
14.4.2.1 11.4.2.1 waiver of subrogation against SANParksthe Lessor, its agents, servants, officers, employees and contractors;
14.4.2.2 11.4.2.2 a provision whereby the insurance shall apply to each of the insured as if a separate policy had been issued to each of them other than in the event of exhaustion of the sum insured or limit or indemnity;
14.4.2.3 11.4.2.3 a breach of a condition or warranty/severability/non-vitiation provisions acceptable to SANParks the Lessor or if such provisions are not generally available in equivalent policies written in the South African insurance market, each of the Private Party Lessee and the Contractor(s) (if any) shall covenant, for the duration of such non-availability, with SANParks the Lessor in writing that it will not make any misrepresentations to, or breach any condition or warranty made to, the insurer or take or omit to take any action which would cause the relevant insurance policy to fail;
14.4.2.4 11.4.2.4 a provision which requires the insurer to send copies of all notices of cancellation or any other notices given under or in relation to the policy to SANParksthe Lessor;
14.4.2.5 11.4.2.5 a provision whereby the policy shall only be cancelled subject to 90 (ninety) Business Days’ notice, or 30 (thirty) Business Days’ notice in respect of non-non- payment of premium;
14.4.2.6 11.4.2.6 a provision that a notice of claim given to the insurer by SANParks the Lessor in respect of the Private Party Lessee or any other insured under the policy, shall, in the absence of manifest error, be accepted by the insurer as valid notification of a claim in respect of the interests of all insured parties, a copy of which must be given to the other of them and any other insured; and
14.4.2.7 11.4.2.7 a provision that such insurance shall be primary and no other policy shall be called into contribution.
Appears in 1 contract
Samples: Lease Agreement