Xxxxxxxxe. During the term of this Axxxxxxxx, Rowan shall, at his sole cost and expense, maintain in force Statutory Worker's Compensation and Employer's Liability Insurance in compliance with the laws of the states where the work is being performed; comprehensive General Liability Insurance, which shall include property damage and personal liability insurance under which Rowan and High Plains shall be named as coinsureds; and coverage for contractual liability under this agreement. Such insurance policy or policies shall be maintained in a minimum amount of One Million Dollars per occurrence, and Rowan shall deliver to High Plains a copy of each insurance policy, showing High Plains as a named insured thereon. The insurance requirements set forth herein are minimum coverage requirements and are not to be construed in any was as a limitation on liability under this agreement.
Xxxxxxxxe. Sellers as one party and Buyer as the other party each represents to the other that it has not employed a broker, investment banker, or acquisition consultant, or entered into any agreement for the payment of any fees, compensation, or expense to any person, firm, or corporation in connection with the within transaction (except Sellers' arrangement with Holder and Associates), and each agrees to hold and save the other harmless from any such fees, compensation, or expense which may be suffered by reason of any claims of any broker, investment banker, or acquisition consultant alleging employment or retention by such party. Each party hereto shall bear its own legal and other fees, costs, and expenses, except as specifically stated herein.
Xxxxxxxxe. CFS shall furnish the Trust with pertinent information concerning the liability insurance coverage that it maintains. Such information shall include the identity of the insurance carrier(s), coverage levels and deductible amounts. CFS shall notify the Trust should any of its insurance coverage be canceled or reduced. Such notification shall include the date of change and the reasons therefor. CFS shall notify the Trust of any material claims against it with respect to services performed under this Agreement, whether or not they may be covered by insurance, and shall notify the Trust at any time when a material amount of coverage is subject to other claims as may be appropriate of the total outstanding claims made by CFS under its insurance coverage. For purposes of the foregoing sentence, the amount of coverage subject to other claims shall be considered material if such claims amount to fifty percent (50%) or more of the liability insurance coverage maintained by CFS. Notwithstanding the foregoing, CFS shall be responsible for notifying the Trust of any claims to the extent such other claims may otherwise be considered material.
Xxxxxxxxe. Xxxxxxxx xxxxx, xx xxx xole cost and expense, arrange for and maintain all necessary and proper property insurance covering the Facilities, the furniture, fixtures, and equipment situated thereon, and all necessary and proper professional and commercial general liability insurance for Licensee's and Manager's protection. Manager shall, at its sole cost and expense, maintain commercial general liability insurance for its operations. All such liability insurance policies shall include coverage for liability to each party's respective employees involved in the operation of the Facilities and arising from any improper employment practices (except in the case of Manager where Licensee acknowledges no such coverage shall be provided by Manager) and employee crime and theft coverage. All such policies of liability insurance shall name the other party as, as well as any landlord or lender identified by Licensee to Manager in writing as additional insureds thereunder (except in the case of Manager's directors and officers insurance and employee crime insurance as to which Licensee acknowledges Manager has advised it no such additional insureds shall be named). In addition, each party shall provide all employee health and worker's compensation insurance required for their respective employees. Each party shall be responsible for all deductibles due with respect to any insurance maintained by it and for any uninsured losses of any nature whether arising from an failure by the party to maintain insurance or from the loss not being covered under the terms of any policy of insurance maintained by the party. All premiums, claims and deductibles related to the Licensee's insurance covered by this Section II (the "Insurance Costs") shall, at Licensee's request, be paid by Manager from the applicable Facility's Depository Account provided (i) Licensee has provided Manager in writing with reasonable details concerning the amount to be paid and the purpose of such payment, (ii) there are sufficient funds, whether in the form of cash receipts of the Facilities or working capital funds deposited by Licensee, in the Depository Account to enable Manager to pay the same from the Depository Account, (iii) all other Daily Operating Expenses and the Regent Management Fee which are then due and payable have been paid from the Depository Account as of the time when Licensee requests payment of the premiums, deductibles and/or claims from the Depository Account, (iv) Manager's Base Mana...
Xxxxxxxxe. TENANT'S OBLIGATIONS Rents and other payments Repair and decoration Alterations and additions User Alienation Entry Planning Acts New Guarantor Superior interest Material development Indemnity COVENANTS BY THE LANDLORD Quiet enjoyment Superior Lease rents PROVISOS Re-entry Adjoining land No liability in damages Failure to perform obligations Statutory compensation Exclusion of rights not granted Tenant's acknowledgement COVENANTS BY AND PROVISIONS RELATING TO THE SURETY THE FIRST SCHEDULE Rights and easements granted THE SECOND SCHEDULE Rights and easements excepted THE THIRD SCHEDULE Provisions for Rent review THE FOURTH SCHEDULE Covenants by the Surety THE FIFTH SCHEDULE Memoranda of Rent Reviews THE SIXTH SCHEDULE Authorised Guarantee Agreement PARTICULARS 2 LANDLORD: E J Lord Limited, whose registered office is at 44 Wimblington Road, March, Cambridgeshirx (XXX0000000) 7 COMMENCEMENT DATE: June 1, 2001
Xxxxxxxxe. Dr. Longworth has possessed adequate occurrence pxxxxxxxxxxx xiability coverage for the five (5) years prior to the date of this Agreement protecting the Orthodontic Practice and Dr. Longworth from any professional malpractice lxxxxxxxx xxxx might arise because of the Orthodontic Practice's or Dr. Longworth's practice activities over the precxxxxx xxxx (0) years. Prior to the Closing, the New PC shall have obtained and shall continue to maintain, at its cost, Occurrence Medical Malpractice Liability Insurance for Dr. Longworth and the New PC. The Orthodontic Praxxxxx xxxxxxxes adequate insurance coverage for its Property. EXHIBIT X Exceptions to Representations and Warranties of Dr. Longworth and Orthodontic Prxxxxxx xx XXXGA None. Schedule 2 Representations and Warranties of OMEGA to Dr. Longworth OMEGA hereby represents and wxxxxxxx xx Xx. Longworth as follows:
