Availability of Insurance. Notwithstanding anything to the contrary in this Article XIII, neither Party will be required to provide any indemnification to the other Party for any suits, actions, damages, claims, costs, losses or liability of whatsoever kind or character if, and to the extent that, insurance proceeds are available therefor.
Availability of Insurance. Notwithstanding anything to the contrary set in this Article IX, the obligation of either party to indemnify any other party for any Claims will be reduced to the extent of any insurance proceeds received by the Indemnified Party with respect to indemnified Claims.
Availability of Insurance. Purchaser(s) may, but are not required, to purchase and keep in effect a policy of insurance that provides casualty coverage equal to or better than the following: coverage for (a) loss due to accidental damage (includes drops and spills); (b) loss due to theft; (c) loss due to fire; (d) loss due to flood; (e) loss due to power surge due to lightning or natural disasters, and (f) loss due to vandalism. Purchaser(s) agrees to provide proof of insurance upon request by Seller.
Availability of Insurance. 1) For those certified staff members who take approved leave during a year, retire, resign, are terminated, or "take days without pay" the following formula will be used to determine the Board of Education's insurance premium liability: Number of days worked* = % of Board's obligated insurance cost Number of contracted days
Availability of Insurance. When assisting the Strata Corporation in obtaining the insurance described in Clauses 3.31 to 3.34, the Agent shall attempt to obtain such insurance on commercially reasonable terms. The Agent shall have no liability to the Strata Corporation or the Owners if such insurance is not available at all or if it is not available on commercially reasonable terms and the Strata Council elects not to maintain any or all such insurance;
Availability of Insurance. In the event any insurance (including the limits or deductibles thereof) herein required to be maintained, other than insurance required by law to be maintained shall not be available and commercially feasible on reasonable terms and conditions in the commercial insurance market, the Members, with the advice of an independent insurance consultant, shall not unreasonably withhold its agreement to waive such requirement to the extent the maintenance thereof is not so available; provided, however, that:
Availability of Insurance. Notwithstanding anything to the contrary contained herein, in the event that any of the insurance required above is not commercially available at commercially reasonable rates to Tenant through insurance brokers located in the Metropolitan Phoenix area, such that it is not reasonably possible for Tenant to provide the exact type(s) or amounts of coverage called for herein, then Landlord and Tenant shall negotiate and modify this Lease as necessary to permit Tenant to obtain and maintain alternative coverages that are commercially available at commercially reasonable rates so long as such alternative coverages approximate as closely as reasonably possible the types and amounts of insurance specified above.
Availability of Insurance. The obligation to maintain insurance coverage, pursuant to this Section, shall be subject to the general availability of such coverage under reasonable terms and conditions. If one or more of the required insurances is not available under reasonable terms and conditions, each party agrees to use its reasonable best efforts to obtain substantially equivalent insurance coverage. In the event either party is unable to meet the insurance requirements set forth in this Section, that party shall notify the other party in writing. Either party, before the expiration of any required insurance policies, may reopen this Section upon sixty (60) days written notice to the other party.
Availability of Insurance. Electrabel shall not be in breach of its obligations under this Clause 16 if and to the extent that the Electrabel Insurances or amount of coverage thereunder ceases to be available on commercially reasonable terms for any reason, provided that the Parties shall discuss the means of best protecting their respective positions in relation to this Agreement and the LTO Units in the absence of such insurances.
Availability of Insurance. Both WSII and the Custodians maintain insurance in the event that either party may be liable to you in accordance with this Agreement. You acknowledge that there can be no guarantee that insurance coverage maintained by us or by the Custodians will satisfy any and all claims that may be made in the event of a default under this Agreement or other agreements to which WSII and a Custodian may be bound.
