Common use of Waiver of Insurance Requirements Clause in Contracts

Waiver of Insurance Requirements. If at any time the Lenders determine in their reasonable judgment (after consultation with the Insurance Consultant) that any insurance (including the limits or deductibles thereof) required to be maintained by this Schedule 5.17 is not available on commercially reasonable terms due to prevailing conditions in the commercial insurance market at such time, then upon the written request of the Borrower together with a written report of the Borrower’s insurance broker or another independent insurance broker of nationally-recognized standing in the insurance industry (i) certifying that such insurance is not available on commercially reasonable terms (and, in any case where the required maximum coverage is not reasonably available, certifying as to the maximum amount which is so available), (ii) explaining in detail the basis for such broker’s conclusions, and (iii) containing such other information as the Lenders or the Insurance Consultant may reasonably request, the Lenders may (after consultation with the Insurance Consultant) temporarily waive such requirement; provided, however, that the Lenders may, in their sole judgment, decline to waive any such insurance requirement. At any time after the granting of any temporary waiver pursuant to this Section 1.5 of this Schedule 5.17, but not more than once in any year, the Lender may request, and the Borrower shall furnish to the Lenders within thirty (30) days after such request, an updated insurance report reasonably acceptable to the Lenders and the Insurance Consultant from the Borrower’s independent insurance broker. Any waiver granted pursuant to this Schedule 5.17 shall expire, without further action by any party, immediately upon (A) such waived insurance requirement becoming available on commercially reasonable terms, as reasonably determined by the Lenders, (in consultation with the Insurance Consultant and the Borrower) or (B) failure of the Borrower to deliver an updated insurance report pursuant to the immediately preceding sentence.

Waiver of Insurance Requirements. If at any time the Lenders determine Administrative Agent determines in their its reasonable judgment (after consultation with the Insurance Consultant) that any insurance (including the limits or deductibles thereof) required to be maintained by this Schedule 5.17 is not available on commercially reasonable terms due to prevailing conditions in the commercial insurance market at such time, then upon the written request of the Borrower together with a written report of the Borrower’s insurance broker or another independent insurance broker of nationally-recognized standing in the insurance industry (i) certifying that such insurance is not available on commercially reasonable terms (and, in any case where the required maximum coverage is not reasonably available, certifying as to the maximum amount which is so available), (ii) explaining in detail the basis for such broker’s conclusions, and (iii) containing such other information as the Lenders Administrative Agent or the Insurance Consultant may reasonably request, the Lenders Administrative Agent may (after consultation with the Insurance Consultant) temporarily waive such requirement; provided, however, that the Lenders Administrative Agent may, in their its sole judgment, decline to waive any such insurance requirement. At any time after the granting of any temporary waiver pursuant to this Section 1.5 of this Schedule 5.17, but not more than once in any year, the Lender Administrative Agent may request, and the Borrower shall furnish to the Lenders Administrative Agent within thirty (30) days after such request, an updated insurance report reasonably acceptable to the Lenders Administrative Agent and the Insurance Consultant from the Borrower’s independent insurance broker. Any waiver granted pursuant to this Schedule 5.17 shall expire, without further action by any party, immediately upon (A) such waived insurance requirement becoming available on commercially reasonable terms, as reasonably determined by the LendersAdministrative Agent, (in consultation with the Insurance Consultant and the Borrower) or (B) failure of the Borrower to deliver an updated insurance report pursuant to the immediately preceding sentence.

Waiver of Insurance Requirements. If at any time the Lenders determine Collateral Agent determines in their its reasonable judgment (at the direction of the Required Secured Parties and after consultation with the Insurance Consultant) that any insurance (including the limits or deductibles thereof) required to be maintained by this Schedule 5.17 9.2 is not available on commercially reasonable terms due to prevailing conditions in the commercial insurance market at such time, then upon the written request of the Borrower Company together with a written report of the Borrower’s Company's insurance broker or another independent insurance broker of nationally-recognized standing in the insurance industry (i) certifying that such insurance is not available on commercially reasonable terms (and, in any case where the required maximum coverage is not reasonably available, certifying as to the maximum amount which is so available), (ii) explaining in detail the basis for such broker’s 's conclusions, and (iii) containing such other information as the Lenders or Collateral Agent at the Insurance Consultant direction of the Required Secured Parties may reasonably request, the Lenders Collateral Agent may (after consultation with at the Insurance Consultantdirection of the Required Secured Parties) temporarily waive such requirement; provided, however, that the Lenders Collateral Agent may, in their its sole judgment, decline to waive any such insurance requirementrequirement unless the consent of the Required Secured Parties is first obtained. At any time after the granting of any temporary waiver pursuant to this Section 1.5 of this Schedule 5.171.6, but not more than once in any year, the Lender Collateral Agent may request, and the Borrower Company shall furnish to the Lenders Collateral Agent (with a copy to each holder of Notes and the LC Facility Administrative Agent) within thirty (30) days after such request, an updated insurance report reasonably acceptable to the Lenders Collateral Agent at the direction of the Required Secured Parties and the Insurance Consultant from the Borrower’s Company's independent insurance broker. Any waiver granted pursuant to this Schedule 5.17 9.2 shall expire, without further action by any party, immediately upon (A) such waived insurance requirement becoming available on commercially reasonable terms, as reasonably determined by the Lenders, Collateral Agent (in consultation with at the Insurance Consultant and direction of the BorrowerRequired Secured Parties) or (B) failure of the Borrower Company to deliver an updated insurance report pursuant to the immediately preceding sentence.clause (ii) above. Schedule 9.2 - 8

Waiver of Insurance Requirements. If at any time the Lenders determine Administrative Agent determines in their its reasonable judgment (after consultation with the Insurance ConsultantConsultant and the Borrower) that any insurance (including the limits or deductibles thereof) required to be maintained by this Schedule 5.17 Exhibit H-1 is not available on commercially reasonable terms due to prevailing conditions in the commercial insurance market at such time, then upon the written request of the Borrower together with a written report of the Borrower’s insurance broker or another independent insurance broker of nationally-recognized standing in the insurance industry (i) certifying that such insurance is not available on commercially reasonable terms (and, in any case where the required maximum coverage is not reasonably available, certifying as to the maximum amount which is so available), (ii) explaining in detail the basis for such broker’s conclusions, and (iii) containing such other information as Collateral Agent and the Lenders Administrative Agent or the Insurance Consultant may reasonably request, the Lenders Administrative Agent may (after consultation with the Insurance Consultant) temporarily waive such requirement; provided, however, that the Lenders Administrative Agent may, in their its sole judgment, decline to waive any such insurance requirementrequirement unless the consent of the Administrative Agent is first obtained in accordance with the Credit Agreement. At any time after the granting of any temporary waiver pursuant to this Section 1.5 of this Schedule 5.171.6, but not more than once in any year, the Lender Administrative Agent on behalf of the Lenders may request, and the Borrower shall furnish to Collateral Agent and the Lenders Administrative Agent within thirty (30) days after such request, an updated insurance report reasonably acceptable to Collateral Agent and the Lenders Administrative Agent and the Insurance Consultant from the Borrower’s independent insurance broker. Any waiver granted pursuant to this Schedule 5.17 Exhibit H-1 shall expire, without further action by any party, immediately upon (A) such waived insurance requirement becoming available on commercially reasonable terms, as reasonably determined by the Lenders, Administrative Agent (in consultation with the Insurance Consultant and the BorrowerConsultant) or (B) failure of the Borrower to deliver an updated insurance report pursuant to clause (iii) above. The provisions of this Addendum 1 to Exhibit H-1 shall be subject to all of the immediately preceding sentenceterms and conditions of the Credit Agreement and Exhibit H-1 including the provisions noted in Section 1.6 of Exhibit H-1 with respect to a waiver of the insurance requirements noted therein.