Terms of Policies. Any policies of insurance carried in accordance with Section 7.04(a) or Section 7.04(b) and any policies taken out in substitution or replacement for any of such policies (A) shall be amended to name the Additional Insureds as their respective interests may appear, (B) may provide for the self-insurance to the extent permitted in Section 7.04(d), (C) shall provide that if the insurers cancel such insurance for any reason whatever or if any material change is made in such insurance which adversely affects the interest of the Additional Insureds, or such insurance shall lapse for non-payment of premium, such cancellation, lapse or change shall not be effective as to the Additional Insureds for thirty (30) days (ten (10) days in the case of war risk, allied perils coverage and with respect to the Electronic Date Recognition Limited Coverage Endorsement) after issuance to the Additional Insureds, respectively, of written notice by such insurers of such cancellation, lapse or change; provided, however, that if any notice period specified above is not reasonably obtainable, such policies shall provide for as long a period of prior notice as shall then be reasonably obtainable, (D) shall provide that in respect of the respective interests of the Additional Insureds in such policies the insurance shall not be invalidated by any action or inaction of Owner (or, if any Lease is then in effect, any Lessee) or any other Person and shall insure the Additional Insureds regardless of any breach or violation of any warranty, declaration or condition contained in such policies by Owner (or, if any Lease is then in effect, any Lessee), (E) shall be primary without right of contribution from any other insurance which is carried by any Additional Insured, (F) shall expressly provide that all of the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured, (G) shall waive any right of the insurers to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any Additional Insured to the extent of any moneys due to any Additional Insured, and (H) shall provide that (i) in the event of a loss involving proceeds in excess of $5,000,000, the proceeds in respect of such loss up to an amount equal to the amount payable upon the occurrence of an Event of Loss pursuant to Section 5.06(a) shall be payable to the Indenture Trustee (so long as ...
Terms of Policies. All insurance specified above shall remain in force until all work to be performed is satisfactorily completed. If the insurance is provided on a claims-made basis, it must remain in force for the entire term of the Agreement and a minimum of three (3) years thereafter.
Terms of Policies. 37 (f) Additional Insurance by Lessor and Lessee..................38 (g) Indemnification by Government in Lieu of Insurance.........39 (h) Application of Payments During Existence of an Event of Default......................................39 SECTION 12. INSPECTION........................................................39 SECTION 13. ASSIGNMENT........................................................41
Terms of Policies. All such insurance shall (i) provide that no cancellation, material reduction in amount or material change in coverage thereof shall be effective until at least 30 days after receipt by the Collateral Agent of written notice thereof, (ii) name the Collateral Agent, the Agent and the Lenders as insured and loss payee, (iii) contain the agreement by the insurer that any loss under the policy shall be payable to the Collateral Agent notwithstanding any action, inaction or breach of representation or warranty by the Company, (iv) provide that there shall be no recourse against the Collateral Agent, the Agent or any Lender for payment of premiums or other amounts with respect to the policy and (v) be reasonably satisfactory in all other respects to the Collateral Agent.
Terms of Policies. The policy of insurance referred to in clause 6.1 must be with an insurer and on terms acceptable to the Company.
Terms of Policies. All such insurance shall (i) provide that no cancellation, material reduction in amount or material change in coverage thereof shall be effective until at least 30 days after receipt by the Lender of written notice thereof, (ii) name the Lender as insured and loss payee, (iii) contain the agreement by the insurer that any loss under the policy shall be payable to the Lender notwithstanding any action, inaction or breach of representation or warranty by the Borrower, (iv) provide that there shall be no recourse against the Lender for payment of premiums or other amounts with respect to the policy and (v) be reasonably satisfactory in all other respects to the Lender.
Terms of Policies. 19 7.4 Landlord's Insurance.............................................20 7.5 Release and Waiver of Subrogation................................20 ARTICLE VIII. CONDEMNATION................................................20
Terms of Policies. All insurance carried by Tenant shall be subject to the following:
Terms of Policies. Insurance required herein shall be issued by companies duly licensed or admitted to transact business in the State of California and maintaining during the policy term a "General Policyholders Rating" of at least IX:A or better, as set forth in the most current issue of "Best's Insurance Guide", or such other rating as may be required by a mortgagee. Lessee shall not do or permit to be done anything which invalidates the required insurance policies. Lessee shall, prior to the Commencement 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 Lessee shall fail to procure and maintain the insurance required to be carried by it, Lessor may, but shall not be required to, procure and maintain the same, the cost and expense of which shall continue to be payable upon demand as Additional Rent. The parties agree to have their respective property damage insurance carriers waive any right to subrogation that such companies may have against Lessor or Lessee, as the case may be, in accordance with Section 11(c) below.
Terms of Policies. The extent of coverage under the insurance policies referred to in this Agreement shall be governed by the terms and conditions set forth in said policies. Any questions concerning coverage shall be resolved in accordance with the terms and conditions in said policy and shall not be subject to the Grievance Procedure set forth in this Agreement.
