Common use of To Insure Clause in Contracts

To Insure. At all times during the Term to keep the Demised Premises or any premises of which the Demised Premises form part insured (unless such insurance shall be vitiated by any act of the Tenant or any other occupier of such premises or any part thereof or their respective servants agents licensees or invitees) against loss or damage by the Insured Risks in some Insurance Office of repute to be nominated by the Landlord for the Landlord's opinion of the full cost of reinstatement thereof and to pay all premiums necessary for that purpose and if the Tenant so demands at its cost to produce to the Tenant details of the terms of the policy of insurance and evidence that the current year's premium has been paid and to use all reasonable endeavours to procure that the interest of the Tenant is noted on the policy and to notify the Tenant of any material changes in the risks covered by the policy and further that in case of destruction or damage to the Demised Premises or any premises of which the Demised Premises form part by way of the Insured Risks will subject to the provisions of any Act of Parliament or local bye-law for the time being in force with all due speed apply for and diligently pursue an application for planning permission for the Works of reinstatement and upon receipt of the same with all due speed spend and lay out all monies received in respect of such insurance (except sums in respect of loss of rent) in rebuilding or reinstating in a good and substantial manner those premises so destroyed or damaged and making good any shortfall in the insurance money Provided that if the rebuilding or reinstatement of the Demised Premises or any premises of which the Demised Premises form part shall be prevented or frustrated all such insurance monies shall belong absolutely to the Landlord and shall be paid to the Landlord accordingly PROVIDED that in any reinstatement after damage by any of the insured risks the Landlord shall not be obliged to reinstate in accordance with the plans sections elevations and specifications of the existing building but (so far as is reasonably 24 practicable) and consistent with planning and all other relevant statutes bye-laws and regulations) shall provide the Tenant with accommodation reasonably equivalent to that hereby demised the covenants and conditions contained in this Lease to apply thereto in all respects mutatis mutandis as they apply to the Demised Premises

To Insure. At all times during the Term To insure or cause to keep be insured the Demised Premises and all Landlord's fixtures and fittings therein or any premises thereon of an insurable nature (other than those which the Demised Premises form part insured (unless such insurance shall be vitiated by any act of the Tenant or any other occupier of such premises or any part thereof or their respective servants agents licensees or inviteestenants may be entitled to remove) including all the glass herein (save for plate and other glass insured by the Tenant pursuant to clause 4(7)(i)) against (i) loss or damage by the Insured Risks in some Insurance Office of repute such sum (including any incidental expenses) as shall be determined from time to be nominated time by the Landlord for to represent the Landlord's opinion reinstatement cost thereof as new together with all professional and other fees and expenses and the cost of site clearance and other incidental expenses (ii) public liability of the full cost of reinstatement Landlord involving or relating to the Demised Premises or any part thereof and (iii) the loss of four years rent in some insurance office of repute 50 and to pay all premiums necessary for that purpose supply a summary of such insurance and if evidence of payment of the Tenant so demands at its cost to produce current premium to the Tenant details of the terms of the policy of insurance on request once yearly and evidence that the current year's premium has been paid and to use all reasonable endeavours to procure that the interest of the Tenant is noted on the policy and to notify the Tenant of any material changes in the risks covered by the policy and further that in case of destruction or damage to the Demised Premises by any Insured Risk to immediately notify the insurer on receiving notification from the Tenant of the damage or any premises destruction and to claim all sums due under the insurance policy and use all reasonable endeavours to procure the payment by the insurer of which all sums properly due under the insurance policy and apply for and use all reasonable endeavours to obtain all planning permissions building regulations consents and other consents or licences necessary to enable the Landlord to reinstate the Demised Premises form part and (unless payment of any money payable under any policy of insurance shall be wholly or partly withheld or refused either in consequence of any exclusion or qualification imposed by way insurers or of any act neglect or default of the Insured Risks will Tenant its undertenants or their respective servants agents or licensees) to ensure that all insurance moneys (other than for loss of rent and public liability) received by the Landlord are with all convenient speed (subject to the provisions of any Act of Parliament or local bye-law for the time necessary labour and materials being in force with procurable and to all due speed apply for necessary statutory consents being obtained) laid out and diligently pursue an application for planning permission for the Works of reinstatement and upon receipt of the same with all due speed spend and lay out all monies received in respect of such insurance (except sums in respect of loss of rent) applied in rebuilding repairing or otherwise reinstating in a good and substantial manner those premises so destroyed or damaged and making good any shortfall in the insurance money Provided that if the rebuilding or reinstatement of the Demised Premises or and to make up any premises deficiency out of which the Demised Premises form part shall be prevented or frustrated all such insurance monies shall belong absolutely to the Landlord and shall be paid to the Landlord accordingly PROVIDED that in any reinstatement after damage by any of the insured risks the Landlord shall not be obliged to reinstate in accordance with the plans sections elevations and specifications of the existing building but (so far as is reasonably 24 practicable) and consistent with planning and all other relevant statutes bye-laws and regulations) shall provide the Tenant with accommodation reasonably equivalent to that hereby demised the covenants and conditions contained in this Lease to apply thereto in all respects mutatis mutandis as they apply to the Demised Premisesits own monies

To Insure. At all times during (i) Until the Term Satisfaction Date to insure and keep insured the Demised Premises or any premises of which in the Demised Premises form part insured (unless such insurance shall be vitiated by any act joint names of the Superior Landlord and the Tenant or any other occupier of with the Insurers (who shall first have been approved in writing by the Superior Landlord such premises or any part thereof or their respective servants agents licensees or inviteesapproval not to be unreasonably withheld) against loss or damage by the Insured Risks in some Insurance Office the Full Cost of repute Reinstatement thereof except that in respect of risks of Machinery Breakdown insurance shall be for the maximum possible loss in a sum which has first been approved in writing by the Superior Landlord such approval not to be nominated unreasonably withheld or delayed; (ii) To procure that the insurance policy required to be effected by this Clause 3.24 (A) shall contain a loss payable provision in the Landlord for following form: (a) if a single event of damage or destruction gives rise to or is likely to give rise to a total recovery under the Landlord's opinion policy of (pound)5,000,000 or more the whole of the recovery shall be paid in full cost to the Superior Landlord or to its order without any deduction; (b) if a single event of reinstatement thereof and damage or destruction gives rise to pay all premiums necessary for that purpose and if a total recovery under the Tenant so demands at its cost to produce policy of less than (pound)5,000,000 the whole of the recovery shall be paid in full to the Tenant details without any deduction the recovery to be applied in the reinstatement of the terms of the policy of insurance Demised Premises; and evidence that the current year's premium has been paid and to use all reasonable endeavours to procure that all recoveries are paid and applied in the interest manner required by such provision; (i) Until the Satisfaction Date to maintain loss of rent insurance in relation to the rent first reserved in the Headlease in the name of the Tenant is noted on Superior Landlord with the Insurers (who shall first have been approved in writing by the Superior Landlord such approval not to be unreasonably withheld or delayed) against loss of the rent first reserved in the Headlease arising from loss or damage of any Generating Set at the Demised Premises by the Insured Risks under a policy which has first been approved in writing by the Superior Landlord (such approval not to be unreasonably withheld or delayed); (ii) The loss of rent to be covered by such insurance shall be the aggregate from time to time of the rent first reserved in the Headlease and to any Value Added Tax chargeable in respect thereof for a three year period; (C) To notify the Tenant Superior Landlord the Landlord and the Insurers immediately on becoming aware of the occurrence before the Satisfaction Date of any material changes loss or damage at the Demised Premises which is likely to result in the risks covered a loss in excess of (pound)2,000,000 whether or not caused by the policy and further that in an Insured Risk; (D) In case of destruction or damage to of the Demised Premises or by any premises of which the Demised Premises form part by way of the Insured Risks will subject prior to the provisions of any Act of Parliament or local bye-law for Satisfaction Date diligently to reinstate restore and rebuild the time being in force with all due speed apply for same without delay under the direction and diligently pursue an application for planning permission for to the Works of reinstatement and upon receipt reasonable satisfaction of the same with all due speed spend and lay out all monies received in respect of such insurance Superior Landlord (except sums in respect of loss of rent) in rebuilding or reinstating in a good and substantial manner those premises so destroyed or damaged and making good any shortfall Provided that in the insurance money Provided that if the rebuilding or reinstatement event of destruction of a power station forming part of the Demised Premises or any premises of which the Demised Premises form part obligation to reinstate shall be prevented or frustrated all such insurance monies shall belong absolutely to build a new power station with substantially similar generating output to the Landlord power station destroyed and shall be paid that if the Tenant is unable (having used its best endeavours) to obtain the Landlord accordingly PROVIDED that in any planning or other consents necessary to execute the reinstatement after damage by any of restoration and rebuilding the insured risks the Landlord Tenant shall not be obliged to reinstate restore and rebuild the Demised Premises and the Superior Landlord shall be solely entitled to retain all the moneys payable under or by virtue of the insurance) and in compliance with all Applicable Laws (employing such Building Contractors Architects Surveyors and other professional advisers as shall previously be approved in writing by the Superior Landlord (such approval not to be unreasonably withheld) in accordance with the plans sections elevations and specifications previously approved at the expense of the existing building but Tenant by the Superior Landlord (so far as is reasonably 24 practicablesuch approval not to be unreasonably withheld) and consistent with planning and in case the same shall be insufficient for that purpose (whether as a result of under-insurance the withholding of all or part of the insurance monies or any other relevant statutes bye-laws and regulationsreason except where it is as a result of a breach by the Superior Landlord of its covenants under the Headlease or a breach by the Superior Landlord of any term of the insurance policy which has been disclosed to it) shall provide to make up the deficiency out of the Tenant's own monies Provided that where insurance proceeds have been paid to the Superior Landlord pursuant to Clause 3.24(A)(ii) the Tenant shall not be liable under this Clause 3.24(D) for failure to reinstate restore or rebuild to the extent only that the Superior Landlord has failed to comply with accommodation reasonably equivalent to that hereby demised the covenants and conditions its obligation contained in this Lease Clause 4.2; (i) At its own expense throughout the Term to apply thereto maintain insurance cover in all respects mutatis mutandis respect of the Demised Premises with the Insurers (who shall first have been approved in writing by the Superior Landlord such approval not to be unreasonably withheld) against legal liability to any third parties (including agents and subcontractors of the Tenant and insofar as they apply insurance on behalf of the Superior Landlord or the Landlord is concerned employees of the Tenant) for injury death disease loss or damage (whether to persons or property) (and including any such resulting from sudden and identifiable unintended and unexpected pollution) suffered (or alleged to have been suffered) as a result of or arising directly or indirectly out of the use or presence of the Tenant or the Superior Landlord or the Landlord or the invitees employees agents or assigns of either or both of them or activities or omissions conducted in about or from or in connection with the Demised Premises or otherwise concerning the Demised Premises; (ii) The cover required by Clause 3.24

To Insure. At all times during (i) Until the Term Satisfaction Date to insure and keep insured the Demised Premises or any premises of which in the Demised Premises form part insured (unless such insurance shall be vitiated by any act joint names of the Landlord and the Tenant or any other occupier of with the Insurers (who shall first have been approved in writing by the Landlord such premises or any part thereof or their respective servants agents licensees or inviteesapproval not to be unreasonably withheld) against loss or damage by the Insured Risks in some Insurance Office the Full Cost of repute to Reinstatement thereof except that in respect of risks of Machinery Breakdown insurance shall be nominated for the maximum possible loss in a sum which has first been approved in writing by the Landlord for such approval not to be unreasonably withheld or delayed; (ii) To procure that the Landlord's opinion insurance policy required to be effected by this Clause 3.25.1 shall contain a loss payable provision in the following form: (a) If a single event of damage or destruction gives rise to or is likely to give rise to a total recovery under the policy of L5,000,000 or more the whole of the recovery shall be paid in full cost to the Landlord or to its order without any deduction; (b) If a single event of reinstatement thereof and damage or destruction gives rise to pay all premiums necessary for that purpose and if a total recovery under the Tenant so demands at its cost to produce policy of less than L5,000,000 the whole of the recovery shall be paid in full to the Tenant details of without any deduction the terms of the policy of insurance and evidence that the current year's premium has been paid and recovery to use all reasonable endeavours to procure that the interest of the Tenant is noted on the policy and to notify the Tenant of any material changes be applied in the risks covered by the policy and further that in case of destruction or damage to the Demised Premises or any premises of which the Demised Premises form part by way of the Insured Risks will subject to the provisions of any Act of Parliament or local bye-law for the time being in force with all due speed apply for and diligently pursue an application for planning permission for the Works of reinstatement and upon receipt of the same with all due speed spend and lay out all monies received in respect of such insurance (except sums in respect of loss of rent) in rebuilding or reinstating in a good and substantial manner those premises so destroyed or damaged and making good any shortfall in the insurance money Provided that if the rebuilding or reinstatement of the Demised Premises Premises; and to procure that all recoveries are paid and applied in the manner required by such provision; (i) Until the Satisfaction Date to maintain loss of rent insurance in the name of the Landlord with the Insurers (who shall first have been approved in writing by the Landlord such approval not to be unreasonably withheld or delayed) against loss of rent arising from loss or damage of any premises of which Generating Set at the Demised Premises form part shall be prevented or frustrated all such insurance monies shall belong absolutely to by the Insured Risks under a policy which has first been approved in writing by the Landlord and shall (such approval not to be paid to the Landlord accordingly PROVIDED that in any reinstatement after damage by any of the insured risks the Landlord shall not be obliged to reinstate in accordance with the plans sections elevations and specifications of the existing building but (so far as is reasonably 24 practicable) and consistent with planning and all other relevant statutes bye-laws and regulations) shall provide the Tenant with accommodation reasonably equivalent to that hereby demised the covenants and conditions contained in this Lease to apply thereto in all respects mutatis mutandis as they apply to the Demised Premisesunreasonably withheld or delayed);