Common use of Additional Insureds Clause in Contracts

Additional Insureds. The insurance policies specified in Section 2 (General Liability Insurance) and Section 3 (Automobile Liability Insurance) of Attachment R (Required Insurance) shall name Company as an additional insured, as its interests may appear, with respect to any and all third party bodily injury and/or property damage claims, including completed operations, arising from Seller's performance of this Agreement, and Seller shall submit to Company a copy of such additional insured endorsement with evidence of insurance as required herein. Seller shall promptly, and in no event later than five (5) Days after such cancellation, modification or non-renewal, provide written notice to Company should any of the insurance policies required under this Agreement be cancelled, materially modified, or not renewed upon expiration. Company acknowledges that the Facility Lender shall be entitled to receive and distribute any and all loss proceeds as stipulated by any Financing Documents related to any policy described in this Article 18 (Insurance) and Attachment R (Required Insurance). Evidence of Policies Provided to Company. Evidence of insurance for the coverage specified in this Article 18 (Insurance) shall be provided to Company within thirty (30) Days after the Effective Date or prior to the start of construction, whichever shall first occur. Within thirty (30) Days of any change of any policy and upon renewal of any policy, Seller shall provide certificates of insurance to Company. During the Term, Seller, upon Company's reasonable request, shall make available to Company for its inspection at Seller's designated location, certified copies of the insurance policies described in this Article 18 (Insurance) and Attachment R (Required Insurance). Receipt of any evidence if insurance showing less coverage than requested is not a waiver of Seller's obligations to fulfill the requirements. Deductibles. Company acknowledges that any policy required herein may contain reasonable deductibles or self-insured retentions, the amounts of which will be reviewed for acceptance by Company. Acceptance will not be unreasonably withheld. Any deductible shall be the responsibility of Seller.

Appears in 8 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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Additional Insureds. The insurance policies specified in Section 2 (General Liability Insurance) and ), Section 3 (Automobile Liability Insurance) and Section 9 (Pollution Liability Insurance) of Attachment R Q (Required Insurance) shall name Company as an additional insured, as its interests may appear, with respect to any and all third third-party bodily injury and/or property damage claims, including completed operations, arising from Seller's ’s performance of this Agreement, and Seller shall submit to Company a copy of such additional insured endorsement with evidence of insurance as required herein. The insurance policies specified in Section 4 (Builders All Risk Insurance) and Section 5 (All Risk Property/Mechanical and Electrical Breakdown Insurance (Upon Completion of Construction)) of Attachment Q (Required Insurance) shall include Company as loss payee, as its interest may appear with respect to any Property or Mechanical and Electrical losses. Seller shall promptly, and in no event later than five (5) Days after such cancellation, modification or non-renewal, provide written notice to Company should any of the insurance policies required under this Agreement be cancelled, materially modified, or not renewed upon expiration. Company acknowledges that the Facility Lender shall be entitled to receive and distribute any and all loss proceeds as stipulated by any Financing Documents related to any policy described in this Article 18 21 (Insurance) and Attachment R Q (Required Insurance). Evidence of Policies Provided to Company. Evidence of insurance for the coverage specified in this Article 18 21 (Insurance) shall be provided to Company within thirty (30) Days after the Effective Date or prior to the start of construction, whichever shall first occur. Within thirty (30) Days of any change of any policy and upon renewal of any policy, Seller shall provide certificates of insurance to Company. During Upon Company’s reasonable request during the Term, Seller, upon Company's reasonable request, Seller shall make available to Company for its inspection at Seller's ’s designated location, location certified copies of the insurance policies described in this Article 18 21 (Insurance) and Attachment R Q (Required Insurance). Receipt of any evidence if insurance showing less coverage than requested is not a waiver of Seller's ’s obligations to fulfill the requirements. Deductibles. Company acknowledges that any policy required herein may contain reasonable deductibles or self-insured retentions, the amounts of which will be reviewed for acceptance by Company. Acceptance will not be unreasonably withheld. Any deductible shall be the responsibility of Seller Application of Proceeds from All Risk Property/Mechanical and Electrical Breakdown Insurance. Seller shall use commercially reasonable efforts to obtain provisions in the Financing Documents, on reasonable terms, providing for the insurance proceeds from All Risk Property/Mechanical and Electrical Breakdown Insurance to be applied to repair of the Facility. Annual Review by Company. The coverage limits shall be reviewed annually by Company and if, in Company’s discretion, Company determines that the coverage limits should be increased, Company shall so notify Seller. The amount of any increase of the coverage limits, when considered as a percentage of the then existing coverage limits, shall not exceed the cumulative amount of increase in the Consumer Price Index occurring after the coverage limits herein were last set. Seller shall, within thirty (30) Days of notice from Company, increase the coverage as directed in such notice and the costs of such increased coverage limits shall be borne by Seller.

Appears in 7 contracts

Samples: Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement, Energy Storage Power Purchase Agreement

Additional Insureds. The insurance policies specified in Section 2 (General Liability Insurance) and Section 3 (Automobile Liability Insurance) of Attachment R (Required Insurance) shall name Company as an additional insured, as its interests may appear, with respect to any and all third party bodily injury and/or property damage claims, including completed operations, arising from Seller's performance of this Agreement, and Seller shall submit to Company a copy of such additional insured endorsement with evidence of insurance as required herein. Seller shall promptly, and in no event later than five (5) Days after such cancellation, modification or non-renewal, provide written notice to Company should any of the insurance policies required under this Agreement be cancelled, materially modified, or not renewed upon expiration. Company acknowledges that the Facility Lender shall be entitled to receive and distribute any and all loss proceeds as stipulated by any Financing Documents related to any policy described in this Article 18 (Insurance) and Attachment R (Required Insurance). Evidence of Policies Provided to Company. Evidence of insurance for the coverage specified in this Article 18 (Insurance) shall be provided to Company within thirty (30) Days after the Effective Date or prior to the start of construction, whichever shall first occur. Within thirty (30) 30 Days of any change of any policy and upon renewal of any policy, Seller shall provide certificates of insurance to Company. During the Term, Seller, upon Company's reasonable request, shall make available to Company for its inspection at Seller's designated location, certified copies of the insurance policies described in this Article 18 (Insurance) and Attachment R (Required Insurance). Receipt of any evidence if insurance showing less coverage than requested is not a waiver of Seller's obligations to fulfill the requirements. Deductibles. Company acknowledges that any policy required herein may contain reasonable deductibles or self-insured retentions, the amounts of which will be reviewed for acceptance by Company. Acceptance will not be unreasonably withheld. Any deductible shall be the responsibility of Seller.

Appears in 6 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Additional Insureds. The insurance policies specified in Section 2 (General Liability Insurance) and Section 3 (Automobile Liability Insurance) of Attachment R (Required Insurance) shall name Company as an additional insured, as its interests may appear, with respect to any and all third party bodily injury and/or property damage claims, including completed operations, arising from Seller's performance of this Agreement, and Seller shall submit to Company a copy of such additional insured endorsement with evidence of insurance as required herein. The insurance policies specified in Section 4 (Builders All Risk Insurance) and Section 5 (All Risk Property/Comprehensive Boiler and Machinery Insurance (Upon Completion of Construction)) of Attachment R (Required Insurance)shall include Company as loss payee, as its interest may appear with respect to any Property or Boiler and Machinery losses. Seller shall promptly, and in no event later than five (5) Days after such cancellation, modification or non-renewal, immediately provide written notice to Company should any of the insurance policies required under this Agreement be cancelled, materially modified, or not renewed upon expiration. Company acknowledges that the Facility Lender shall be entitled to receive and distribute any and all loss proceeds as stipulated by any Financing Documents related to any policy described in this Article 18 (Insurance) and Attachment R (Required Insurance). Evidence of Policies Provided to Company. Evidence of insurance for the coverage specified in this Article 18 (Insurance) shall be provided to Company within thirty (30) Days after the Effective Date or prior to the start of construction, whichever shall first occur. Within thirty (30) 30 Days of any change of any policy and upon renewal of any policy, Seller shall provide certificates of insurance to Company. During the Term, Seller, upon Company's reasonable request, shall make available to Company for its inspection at Seller's designated location, certified copies of the insurance policies described in this Article 18 (Insurance) and Attachment R (Required Insurance). Receipt of any evidence if insurance showing less coverage than requested is not a waiver of Seller's obligations to fulfill the requirements. Deductibles. Company acknowledges that any policy required herein may contain reasonable deductibles or self-insured retentions, the amounts of which will be reviewed for acceptance by Company. Acceptance will not be unreasonably withheld. Any deductible Application of Proceeds from All Risk Property/Comprehensive Boiler and Machinery Insurance. Seller shall use commercially reasonable efforts to obtain provisions in the Financing Documents, on reasonable terms, providing for the insurance proceeds from All Risk Property/Comprehensive Boiler and Machinery Insurance to be applied to repair of the responsibility of SellerFacility.

Appears in 5 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Additional Insureds. The insurance policies specified in Section 2 (General Liability Insurance) and Section 3 (Automobile Liability Insurance) of Attachment R (Required Insurance) shall name Company as an additional insured, as its interests may appear, with respect to any and all third party bodily injury and/or property damage claims, including completed operations, arising from Seller's performance of this Agreement, and Seller shall submit to Company a copy of such additional insured endorsement with evidence of insurance as required herein. Seller shall promptly, and in no event later than five (5) 5 Days after such cancellation, modification or non-renewal, provide written notice to Company should any of the insurance policies required under this Agreement be cancelled, materially modified, or not renewed upon expiration. Company acknowledges that the Facility Lender shall be entitled to receive and distribute any and all loss proceeds as stipulated by any Financing Documents related to any policy described in this Article 18 (Insurance) and Attachment R (Required Insurance). Evidence of Policies Provided to Company. Evidence of insurance for the coverage specified in this Article 18 (Insurance) shall be provided to Company within thirty (30) Days after the Effective Date or prior to the start of construction, whichever shall first occur. Within thirty (30) 30 Days of any change of any policy and upon renewal of any policy, Seller shall provide certificates of insurance to Company. During the Term, Seller, upon Company's reasonable request, shall make available to Company for its inspection at Seller's designated location, certified copies of the insurance policies described in this Article 18 (Insurance) and Attachment R (Required Insurance). Receipt of any evidence if insurance showing less coverage than requested is not a waiver of Seller's obligations to fulfill the requirements. Deductibles. Company acknowledges that any policy required herein may contain reasonable deductibles or self-insured retentions, the amounts of which will be reviewed for acceptance by Company. Acceptance will not be unreasonably withheld. Any deductible shall be the responsibility of Seller.

Appears in 4 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Additional Insureds. The All insurance policies specified policies, if any, carried in ------------------- accordance with Section 2 (General Liability Insurance9(a) and Section 3 all policies taken out in substitution or replacement for any such policies (Automobile Liability Insurance) of Attachment R (Required Insurancei) shall name Company Lessor (in its individual capacity and as an Owner Trustee), Owner Participant, and Indenture Trustee, as additional insureds, as their respective interests may appear (but without imposing upon any such parties any obligation imposed upon the insured, including, without limitation, the liability to pay the premium for such policies) and in the case of life or casualty insurance pursuant to Section 9(b), Indenture Trustee, and within 30 days after the Delivery Date Lessor, shall be named as its "loss payees", as their interests may appear; (ii) shall provide that any loss (other than a loss under third party liability insurance) shall be adjusted by the Lessee with the insurance carriers and be payable to the Lessor (or, so long as the Indenture shall be in effect, the Indenture Trustee), for application as provided in Section 12 hereof or Section 5.4 of the Indenture; and (iii) shall provide that if such insurance is changed in any material respect in relation to the interests of the Lessor or Owner Participant (and for so long as the Indenture shall be in effect, Indenture Trustee), or if such insurance is allowed to lapse for non-payment of premium, or is invalidated by any action or inaction of Lessee or any other Person (other than action or inaction by Lessor, Owner Participant or Indenture Trustee, as the case may be), such change, lapse or invalidation shall not be effective as to Lessor, Owner Participant and (so long as the Indenture shall be in effect) Indenture Trustee for at least 30 days after receipt by Lessor, Owner Participant and (so long as the Indenture shall be in effect) Indenture Trustee of written notice from such insurers, their agents or the Lessee of such lapse. Each insurance policy provided under this Section 9 shall be primary without right of contribution from any other insurance which is carried by Lessor, Owner Participant or Indenture Trustee with respect to any and all third party bodily injury and/or property damage claims, including completed operations, arising from Seller's performance of this Agreement, and Seller shall submit to Company a copy of their respective interests as such additional insured endorsement with evidence of insurance as required herein. Seller shall promptly, and in no event later than five (5) Days after such cancellation, modification or non-renewal, provide written notice to Company should any of the insurance policies required under this Agreement be cancelled, materially modified, or not renewed upon expiration. Company acknowledges that the Facility Lender shall be entitled to receive and distribute any and all loss proceeds as stipulated by any Financing Documents related to any policy described in this Article 18 (Insurance) and Attachment R (Required Insurance). Evidence of Policies Provided to Company. Evidence of insurance for the coverage specified in this Article 18 (Insurance) shall be provided to Company within thirty (30) Days after the Effective Date or prior to the start of construction, whichever shall first occur. Within thirty (30) Days of any change of any policy and upon renewal of any policy, Seller shall provide certificates of insurance to Company. During the Term, Seller, upon Company's reasonable request, shall make available to Company for its inspection at Seller's designated location, certified copies of the insurance policies described in this Article 18 (Insurance) and Attachment R (Required Insurance). Receipt of any evidence if insurance showing less coverage than requested is not a waiver of Seller's obligations to fulfill the requirements. Deductibles. Company acknowledges that any policy required herein may contain reasonable deductibles or self-insured retentions, the amounts of which will be reviewed for acceptance by Company. Acceptance will not be unreasonably withheld. Any deductible shall be the responsibility of SellerTransponders.

Appears in 2 contracts

Samples: Lease Agreement (Magellan International Inc), Lease Agreement (Magellan International Inc)

Additional Insureds. The All insurance required by Subparagraph 12(b) above shall name Landlord and Landlord's Mortgagees, if any, as additional insureds and shall be written by a company or companies qualified to do business in Florida and reasonably acceptable to Landlord. A certificate showing such insurance in force and naming Landlord and Landlord's Mortgagees as additional insureds shall be delivered to Landlord prior to the Commencement Date, and such insurance and updated certificates or renewal policies specified shall be delivered to Landlord no fewer than thirty (30) days prior to the expiration of the then existing policies. No policy shall be cancelled or subject to reduction in Section 2 coverage or other change without at least thirty (General Liability Insurance30) days' prior written notice to Landlord. All policies shall be written as primary policies not contributing with and not in excess of coverage Landlord may carry. If Tenant shall fail to comply with the requirements of this Subparagraph 12(c) or the immediately preceding Subparagraph 12(b), Landlord shall have the right, but not the obligation, in addition to all other rights and remedies available to Landlord at law, in equity, and under this Lease, to procure, at Tenant's own cost and expense, the insurance required by said Subparagraphs 12(b) and Section 3 (Automobile Liability Insurance) 12(c). Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in connection with the procurement of Attachment R (Required Insurance) shall name Company as an additional insured, as its interests may appear, with respect to any and all third party bodily injury and/or property damage claims, including completed operations, arising from Seller's performance of this Agreement, and Seller shall submit to Company a copy of such additional insured endorsement with evidence of said insurance as required herein. Seller shall promptly, and in no event later than within five (5) Days after days following Landlord's submission of a statement therefor to Tenant, plus interest on the amounts expended by Landlord until repayment by Tenant at the maximum rate permitted by law. No acceptance or approval of any insurance by Landlord shall relieve or release Tenant from any liability, duty or obligation under this Lease. Whenever any part of the Premises shall have been damaged or destroyed by fire or other casualty or any other incident or accident has occurred which gives rise to a potential claim under an insurance policy to be maintained by Tenant under this Paragraph 12, Tenant shall promptly file proof of loss in accordance with the terms of the applicable insurance policies and shall promptly prosecute all valid claims which have arisen against the insurers based upon any such cancellationcasualty, modification incident or non-renewal, provide accident. Tenant shall give Landlord written notice to Company should any of the insurance policies required under this Agreement be cancelled, materially modified, or not renewed upon expiration. Company acknowledges that the Facility Lender shall be entitled to receive and distribute any and all loss proceeds as stipulated by any Financing Documents related to any policy described in this Article 18 (Insurance) and Attachment R (Required Insurance). Evidence of Policies Provided to Company. Evidence of insurance for the coverage specified in this Article 18 (Insurance) shall be provided to Company within thirty (30) Days after the Effective Date or prior to the start of construction, whichever shall first occur. Within thirty (30) Days of any change of any policy and upon renewal of any policy, Seller shall provide certificates of insurance to Company. During potential claim within five (5) days following the Term, Seller, upon Company's reasonable request, shall make available to Company for its inspection at Seller's designated location, certified copies of the insurance policies described in this Article 18 (Insurance) and Attachment R (Required Insurance). Receipt of any evidence if insurance showing less coverage than requested is not a waiver of Seller's obligations to fulfill the requirements. Deductibles. Company acknowledges that any policy required herein may contain reasonable deductibles or self-insured retentions, the amounts of which will be reviewed for acceptance by Company. Acceptance will not be unreasonably withheld. Any deductible shall be the responsibility of Sellerdate Tenant acquires actual notice thereof.

Appears in 1 contract

Samples: Lease Agreement (TNR Technical Inc)

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Additional Insureds. The insurance policies specified in Section 2 (General Liability Insurance) and Section 3 (Automobile Liability Insurance) of Attachment R (Required Insurance) shall name Company as an additional insured, as its interests may appear, with respect to any and all third party bodily injury and/or property damage claims, including completed operations, arising from Seller's performance of this Agreement, and Seller shall submit to Company a copy of such additional insured endorsement with evidence of insurance as required herein. Seller shall promptly, and in no event later than five (5) 5 Days after such cancellation, modification or non-renewal, provide written notice to Company should any of the insurance policies required under this Agreement be cancelled, materially modified, or not renewed upon expiration. Company acknowledges that the Facility Lender shall be entitled to receive and distribute any and all loss proceeds as stipulated by any Financing Documents related to any policy described in this Article 18 (Insurance) and Attachment R (Required Insurance). Evidence of Policies Provided to Company. Evidence of insurance for the coverage specified in this Article 18 (Insurance) shall be provided to Company within thirty (30) Days after the Effective Date or prior to the start of construction, whichever shall first occur. Within thirty (30) 30 Days of any change of any policy and upon renewal of any policy, Seller shall provide certificates of insurance to Company. During the Term, Seller, upon Company's reasonable request, shall make available to Company for its inspection at Seller's designated location, certified copies of the insurance policies described in this Article 18 (Insurance) and Attachment R (Required Insurance). Receipt of any evidence if insurance showing less coverage than requested is not a waiver of Seller's obligations to fulfill the requirements. Deductibles. Company acknowledges that any policy required herein may contain reasonable deductibles or self-insured retentions, the amounts of which will be reviewed for acceptance by Company. Acceptance will not be unreasonably withheld. Any deductible shall be the responsibility of Seller. Application of Proceeds from All Risk Property/Comprehensive Boiler and Machinery Insurance. Seller shall use commercially reasonable efforts to obtain provisions in the Financing Documents, on reasonable terms, providing for the insurance proceeds from All Risk Property/Comprehensive Boiler and Machinery Insurance to be applied to repair of the Facility. Annual Review by Company. The coverage limits shall be reviewed annually by Company and if, in Company's discretion, Company determines that the coverage limits should be increased, Company shall so notify Seller. The amount of any increase of the coverage limits, when considered as a percentage of the then existing coverage limits, shall not exceed the cumulative amount of increase in the Consumer Price Index occurring after the coverage limits herein were last set. Seller shall, within thirty (30) Days of notice from Company, increase the coverage as directed in such notice and the costs of such increased coverage limits shall be borne by Seller.

Appears in 1 contract

Samples: Power Purchase Agreement

Additional Insureds. Loss Payment. --------------------------------- The Company shall cause all policies of insurance carried in accordance with this Section 4.05 to name the Additional Insureds as their respective interests may appear as additional insureds. Such policies specified shall provide with respect to such Additional Insureds that (i) none of their respective interests in Section 2 such policies shall be invalidated by any act or omission or breach of warranty or condition contained in such policies by the Company or, in the case of any particular Additional Insured, any other Additional Insured; (General Liability Insuranceii) no cancellation or lapse of coverage for nonpayment of premium or otherwise, and Section 3 no substantial change of coverage which adversely affects the interests of any such Additional Insured, shall be effective as to such Additional Insured until 30 days (Automobile Liability Insuranceor such lesser period as may be applicable in the case of any war risk coverage) after receipt by such Additional Insured of written notice from the insurers of such cancellation, lapse or change; (iii) they shall have no liability for premiums, commissions, calls, assessments or advances with respect to such policies; (iv) such policies will be primary without any right of contribution from any other insurance carried by such Additional Insureds; and (v) the insurers waive any rights of set-off, counterclaim, deduction or subrogation against such Additional Insureds. Each liability policy shall provide that all the provisions thereof, except the limits of liability, shall operate in the same manner as if there were a separate policy covering each insured and provide that the exercise by the insurer 26- of rights of subrogation derived from rights retained by the Company will not delay payment of any claim that would otherwise be payable but for such rights of subrogation. Each hull policy shall name the Indenture Trustee as loss payee as long as the Indenture shall remain in effect; provided that, so long as the -------- ---- insurers shall not have received written notice that an Indenture Event of Default has occurred and is continuing, if insurance proceeds in the aggregate equal $2,000,000 or less, then such proceeds shall be payable to the Company and, notwithstanding the foregoing, any amounts up to the Required Insurance Amount (i) of Attachment R any proceeds which in the aggregate exceed $2,000,000, (Required Insuranceii) of any proceeds in respect of a total loss or an Event of Loss or (iii) if the insurers shall name Company as have received written notice that an additional insuredIndenture Event of Default has occurred and is continuing, as its interests may appear, any proceeds with respect to any and all third party bodily injury and/or property damage claimssingle loss, including completed operations, arising from Seller's performance of this Agreement, and Seller shall submit to Company a copy of such additional insured endorsement with evidence of insurance as required herein. Seller shall promptly, and in no event later than five (5) Days after such cancellation, modification or non-renewal, provide written notice to Company should any of the insurance policies required under this Agreement be cancelled, materially modified, or not renewed upon expiration. Company acknowledges that the Facility Lender shall be entitled payable to receive and distribute any and all such loss proceeds as stipulated by any Financing Documents related to any policy described in this Article 18 (Insurance) and Attachment R (Required Insurance). Evidence of Policies Provided to Company. Evidence of insurance for the coverage specified in this Article 18 (Insurance) shall be provided to Company within thirty (30) Days after the Effective Date or prior to the start of construction, whichever shall first occur. Within thirty (30) Days of any change of any policy and upon renewal of any policy, Seller shall provide certificates of insurance to Company. During the Term, Seller, upon Company's reasonable request, shall make available to Company for its inspection at Seller's designated location, certified copies of the insurance policies described in this Article 18 (Insurance) and Attachment R (Required Insurance). Receipt of any evidence if insurance showing less coverage than requested is not a waiver of Seller's obligations to fulfill the requirements. Deductibles. Company acknowledges that any policy required herein may contain reasonable deductibles or self-insured retentions, the amounts of which will be reviewed for acceptance by Company. Acceptance will not be unreasonably withheld. Any deductible shall be the responsibility of Sellerpayee.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

Additional Insureds. The insurance policies specified in Section 2 (Commercial General Liability Insurance) , Comprehensive Automobile Insurance and Section 3 (Automobile Excess Public Liability Insurance) of Attachment R (Required Insurance) Insurance policies shall name Company the other Party, its parent, associated and Affiliate companies and their respective directors, officers, agents, servants and employees (“Other Party Group”) as an additional insured, as its interests may appear, . All policies shall contain provisions whereby the insurers waive all rights of subrogation in accordance with respect to any and all third party bodily injury and/or property damage claims, including completed operations, arising from Seller's performance the provisions of this Agreement, QFTIA against the Other Party Group and Seller shall submit to Company a copy of such additional insured endorsement with evidence of insurance as required herein. Seller shall promptly, and in no event later than five (5) Days after such cancellation, modification or non-renewal, provide written notice to Company should any of the insurance policies required under this Agreement be cancelled, materially modified, or not renewed upon expiration. Company acknowledges that the Facility Lender shall be entitled to receive and distribute any and all loss proceeds as stipulated by any Financing Documents related to any policy described in this Article 18 (Insurance) and Attachment R (Required Insurance). Evidence of Policies Provided to Company. Evidence of insurance for the coverage specified in this Article 18 (Insurance) shall be provided to Company within thirty (30) Calendar Days advance written notice to the Other Party Group prior to anniversary date of cancellation or any material change in coverage or condition.‌ The Commercial General Liability Insurance, Comprehensive Automobile Liability Insurance and Excess Public Liability Insurance policies shall contain provisions that specify that the policies are primary and shall apply to such extent without consideration for other policies separately carried and shall state that each insured is provided coverage as though a separate policy had been issued to each, except the insurer’s liability shall not be increased beyond the amount for which the insurer would have been liable had only one insured been covered. Each Party shall be responsible for its respective deductibles or retentions. The Commercial General Liability Insurance, Comprehensive Automobile Liability Insurance and Excess Public Liability Insurance policies, if written on a Claims First Made Basis, shall be maintained in full force and effect for two (2) years after termination of this QFTIA, which coverage may be in the form of tail coverage or extended reporting period coverage if agreed by the Parties. The requirements contained herein as to the types and limits of all insurance to be maintained by the Parties are not intended to and shall not in any manner, limit or qualify the liabilities and obligations assumed by the Parties under this QFTIA. Within ten (10) days following execution of this QFTIA, and as soon as practicable after the Effective Date end of each fiscal year or prior to at the start of construction, whichever shall first occur. Within thirty (30) Days of any change of any policy and upon renewal of any policy, Seller shall provide certificates of insurance to Company. During the Term, Seller, upon Company's reasonable request, shall make available to Company for its inspection at Seller's designated location, certified copies of the insurance policies described policy and in any event within ninety (90) days thereafter, each Party shall electronically transfer certification of all insurance required in this Article 18 (Insurance) and Attachment R (Required Insurance). Receipt QFTIA, executed by each insurer or by an authorized representative of any evidence if insurance showing less coverage than requested is not a waiver of Seller's obligations to fulfill the requirements. Deductibles. Company acknowledges that any policy required herein may contain reasonable deductibles or self-insured retentions, the amounts of which will be reviewed for acceptance by Company. Acceptance will not be unreasonably withheld. Any deductible shall be the responsibility of Seller.each insurer.‌‌‌

Appears in 1 contract

Samples: Agreement

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