Xxxxrance. Set forth in Schedule 3.22 is a complete and accurate list and description of all policies of property, commercial general liability, workers compensation and employer's liability, health, errors and omissions, professional liability and other forms of insurance or bonds (including fidelity and fiduciary bonds) presently in effect with respect to the business and properties of CMS (the "Policies"), true and correct copies of which have heretofore been delivered to BCBS. Schedule 3.22 includes the carrier, the description of coverage, the limits of coverage, retention or deductible amounts, amount of annual premiums, date of expiration and the date through which premiums have been paid with respect to each of the Policies, and any pending claims in excess of $25,000.00. All of the Policies are valid, outstanding and enforceable; and none of the Policies (nor any previous Policy) provides for or is subject to any currently enforceable retroactive rate or premium adjustment, loss sharing arrangement or other actual or contingent liability arising wholly or partially out of events arising prior to the date hereof. The Policies are sufficient in all material respects for compliance by CMS with all requirements of Law and with the requirements of all material contracts to which CMS is a party. Schedule 3.22 indicates each Policy as to which (a) the coverage limit has been reached or (b) the total incurred losses to date equal 50% or more of the coverage limit. No notice of cancellation or termination has been received with respect to any Policy, and to the Knowledge of West Bend and CMS, there has been no act or omission of CMS which can reasonably be expected to result in cancellation of any of the Policies prior to its scheduled expiration date. There is no claim by CMS pending under any of the Policies as to which coverage has been denied, disputed, or to the Knowledge of West Bend and CMS, questioned by the underwriters of any of the Policies, and to the Knowledge of West Bend and CMS, there is no basis for denial of any claim under any Policy. CMS has not received any written notice from or on behalf of any insurance carrier issuing any Policy that insurance rates therefor will hereafter be substantially increased (except to the extent that insurance rates may be increased for all similarly situated risks) or that there will hereafter be a cancellation or an increase in a deductible (or an increase in premiums in order to maintain an existing deductible) or...
Xxxxrance. Except to the extent adequately accrued on the most recent balance sheet contained in the Fred Meyer SEC Reports filed as of this date, neithxx Xrxx Xxyer nor its Subsidiaries has any obligation (xxxtxxxxxt or otherwise) to pay in connection with any insurance policies any retroactive premiums or "retro-premiums" that, individually or in the aggregate, would reasonably be expected to have a Fred Meyer Material Adverse Effect.
Xxxxrance. 32.1 The Parties intend each provision of this Agreement to be severable and distinct from the others. If a provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, the Parties intend that the legality, validity and enforceability of the remainder of this Agreement shall not be affected.
Xxxxrance. With respect to Additional POP Collocation Services ordered under the Carrier Services Agreement, Article XVI of the Agreement shall apply to such Additional POP Collocation Services and is hereby incorporated into this Exhibit for such purpose 8. Change of POP Collocation Services: 8.1 Change of Collocation Effective Date (pre-install). CTC will be assessed a change of Collocation Effective Date charge in the amount set forth in Section 4.4 of this Exhibit by Williams xxx xxx changes of Collocation Effective Date requested within thirty (30) days prior to original Collocation Effective Date. CTC will also be charged for any charges actually incurred by Williams xxxx xxxrd party providers solely as a result of a request by CTC for a Change of Collocation Effective Date, regardless of date of CTC notification. CTC shall have no right to change the Collocation Effective Date for any Basic POP Collocation Services beyond the Acceptance Date of any Major Segment connecting to the applicable POP Collocation Site. 8.2 Change of Collocation Service Order (pre-Collocation Effective Date). All modifications to the information contained in an executed Collocation Service Order will be reviewed on an individual case basis in a reasonably timely manner and the Collocation Service Order shall be amended accordingly upon Williams' xxxxxxxnce of the Collocation Service modifications. Any modifications will permit Williams xx xxxxxise amend applicable rates, charges and Collocation Effective Dates from the original Collocation Service Order, which shall be reasonable and in proportion to the requested changes. CTC will be assessed a one time fee for changes to a Collocation Service Order as set forth in Section 4.4 of this Exhibit. CTC will also be charged for any charges actually incurred by Williams xxxx xxxrd party providers solely as a result of a request by CTC for a Change of Collocation Service Order, regardless of date of CTC notification. 8.3 Change of Collocation Service (post-Collocation Effective Date). If CTC requests a change to POP Collocation Services after such POP Collocation Services have been installed, the request will be reviewed by Williams xx xx xxdividual case basis in a reasonably timely manner with no guarantees granted by Williams xx xx xxe ability to provide such changed POP Collocation Service. All change of POP Collocation Service requests shall be authorized by Williams xxx x xxange Collocation Service Order. Williams xxx xxxxse additional ...
Xxxxrance. The Company maintains insurance that it believes provides reasonable, prudent and customary coverage against all liabilities, claims and risks against which it is customary for comparably situated companies to insure.
Xxxxrance. SCHEDXXX xxts forth all existing insurance policies held by the Company or any of its Subsidiaries relating to the business, Assets, employees or agents of the Company and its Subsidiaries. Each such policy is in full force and effect, is with responsible insurance carriers and is in an amount and scope customary for Persons engaged in businesses and having assets similar to those of the Company. There is no dispute with respect to such policies and all claims arising from events or circumstances occurring prior to the date hereof have been paid in full or adequate reserves therefor are recorded in the Financial Statements. There have been no retroactive premium adjustments for any period ended on or before December 31, 1997, under any worker's compensation policy or any other insurance policies of the Company or any of its Subsidiaries. None of such policies will terminate as a result of the transactions contemplated by this Agreement.
Xxxxrance. During the Term, each Party shall procure and maintain at its own cost and expense, including the cost of premiums and deductibles, a general liability insurance policy, including product liability (completed operations) insurance, in an amount not less than one million ($1,000,000) dollars per occurrence, two million ($2,000,000) dollars aggregate bodily injury, death and property damage liability and commercial umbrella coverage of at least three million ($3,000,000) dollars each occurrence and annual aggregate. Such insurance shall be written by a reputable insurance company licensed to do business in the United States, shall name the other Party as an additional insured, shall contain a broad form vendor's endorsement. During Term, MOLL shall also carry and maintain in full force and effect all-risk xxxperty insurance covering the full replacement value of AASTROM's Equipment and MOLL's building, machinery, equipment and work-in-process, as well ax xxxxer's compensation insurance in the statutory limits required by the State of North Carolina (or other applicable jurisdiction). Within ten (10) days after the Effective Date, each Party shall furnish the other Party with a certificate of insurance confirming the existence of such insurance and stipulating that the insurer will give the other Party at least ten (10) days' written notice prior to any cancellation of or material change in such insurance. The availability of the foregoing insurance coverage shall in no event be construed to limit or expand the Parties' agreement to limit liability to one another in accordance with Section 13.
