INSURANCE AND WAIVERS Sample Clauses

INSURANCE AND WAIVERS. (a) Except for Tenant's and Landlord's respective obligations under Paragraphs 11 and 12 hereof, each party hereto does hereby release and discharge the other party hereto and any officer, representative or employee of such party, of and from any liability hereafter arising from loss, damage or injury caused by fire or other casualty for which insurance (permitting waiver of liability and containing a waiver of subrogation) is carried by the injured party at the time of such loss, damage or injury to the extent of any recovery by the injured party under such insurance.
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INSURANCE AND WAIVERS. Industry shall maintain comprehensive casualty insurance upon all rail cars and rail car contents delivered to Railroad at interchange. Such policy of insurance shall provide coverage for the value of any product released from an Industry rail car upon Railroad property and the cost to remove the released product from Railroads property unless the release result from derailment of the tank car or collision of the tank car when being moved by locomotive power. Railroad shall maintain comprehensive general liability insurance for the loss of Industry product and cost of remediation if the release results from a derailment of the tank car or collision of the tank car when being moved by locomotive power. Neither party shall have any liability for any risk insured by the other or which the other is responsible for insuring under this Agreement. Industry acknowledges its awareness that Railroad’s comprehensive general liability insurance only provides coverage for property damage and remediation resulting from a Railroad accident as described above. In no event, regardless of the theory of liability advanced, shall Railroad be liable for lather loss or release of Industry product if the loss or release is not covered by Railroad‘s comprehensive general liability policy.
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INSURANCE AND WAIVERS a. By law You must be insured for third-party liability for death, bodily injury and property damage while You are renting the Vehicle. You will automatically be insured for those risks (with unlimited cover for third party liability for death or bodily injury and cover up to one million dollars for third-party property damage as required by statute) under the policy held by us (subject to the terms and conditions of that policy) unless: i. with our written agreement You arrange Your own insurance; or ii. with our written agreement You arrange Your own insurance; or b. Where we provide automatic third-party liability insurance, You agree to be bound by the terms and conditions of the policy held by us, a copy of which is available for inspection at the commencement of the rental on request. Please also see Paragraphs 8(o) to (q) of this Agreement. Renter’s own insurance c. If we agree with You in writing and You sign the box marked Renter’s Own Insurance on the Enrollment Form, You will arrange Your own insurance of the Vehicle prior to the commencement of the Rental. This must be with insurers approved by us on a comprehensive basis without excess. d. In the event of loss of the Vehicle or damage to it You will allow us to make a claim on Your insurance in Your name. We shall use the proceeds of the claim to satisfy Your obligations. e. Please note that under the terms of this Agreement You remain liable to us for any Losses, which are not covered by Your insurance. Collision Damage Waiver (“CDW”) f. If You choose not to accept Collision Damage Waiver You will be liable for any and all Losses described in Clause 5(b) and (c) of this Agreement. g. If You accept Collision Damage Waiver by initialing beside the letters “CDW” on the Enrollment Form, then unless You also accept Super Collision Damage Waiver, Your liability and that of any Additional Driver in respect of any such Losses will be limited to the Waiver Excess specified in the Enrollment Form. h. If You accept Super Collision Damage Waiver by initialing beside the letters “SDW” on the Enrollment Form You and any Additional Driver will be relieved of all liability in respect of any such Losses. i. Please note that neither Collision Damage Waiver nor Super Collision Damage Waiver will relieve You of Your liability in respect of damage to the Vehicle: i. if the Vehicle is a commercial Vehicle and the damage is caused by its striking an overhead obstruction; ii. if the Driver was driving dangerously or...
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INSURANCE AND WAIVERS 
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Related to INSURANCE AND WAIVERS

  • Disclaimers and Waivers LESSOR AND LESSEE AGREE THAT THE DISCLAIMERS, WAIVERS AND CONFIRMATIONS SET FORTH IN CLAUSES 16.1 TO 16.4 BELOW SHALL APPLY AT ALL TIMES DURING THE TERM. LESSEE'S ACCEPTANCE OF THE AIRCRAFT IN ACCORDANCE WITH SECTION 4.3 SHALL BE CONCLUSIVE EVIDENCE THAT -58- LESSEE HAS FULLY INSPECTED THE AIRCRAFT AND EVERY PART THEREOF AND THAT THE AIRCRAFT, THE ENGINES, THE PARTS AND THE AIRCRAFT DOCUMENTS AND RECORDS ARE TECHNICALLY ACCEPTABLE TO LESSEE AND SATISFY THE DELIVERY CONDITION REQUIREMENTS AND ARE IN SUITABLE CONDITION FOR DELIVERY TO AND ACCEPTANCE BY LESSEE.

  • Modification and Waivers The Indenture permits, with certain exceptions as therein provided (including, but not limited to the exceptions set forth in Section 15.11(i)), the amendment of the Indenture and the modification of the rights and obligations of the Issuer and the rights of the holders of the Notes under the Indenture at any time by the Issuer with the consent of the holders of not less than 66 2/3% in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities (as defined in the Indenture) then outstanding under the Indenture and affected by such amendment and modification. The Indenture also contains provisions permitting the holders of a majority in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities then outstanding under the Indenture and affected thereby, on behalf of the holders of all such Securities, to waive compliance by the Issuer with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by the holder of this Note shall be conclusive and binding upon such holder and upon all future holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. The determination of whether particular Securities are “outstanding” will be made in accordance with the Indenture. Any action by the holder of this Note shall bind all future holders of this Note, and of any Note issued in exchange or substitution hereof or in place hereof, in respect of anything done or permitted by the Issuer or by the Trustee in pursuance of such action. New Notes authenticated and delivered after the execution of any agreement modifying, amending or supplementing this Note may bear a notation in a form approved by the Issuer as to any matter provided for in such modification, amendment or supplement to the Indenture or the Notes. New Notes so modified as to conform, in the opinion of the Issuer, to any provisions contained in any such modification, amendment or supplement may be prepared by the Issuer, authenticated by the Trustee and delivered in exchange for this Note.

  • Amendment, Modification and Waivers; Further Assurances (a) This Agreement may be amended with the consent of the parties hereto and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company shall have obtained the written consent of the Holder.

  • Modifications and Waivers No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by the Executive and by an authorized officer of the Company (other than the Executive). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

  • Consents and Waivers No consent or waiver expressed or implied by either Party in respect of any breach or default by the other in the performance by such other of its obligations hereunder shall:

  • Amendment and Waivers Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.

  • Variations and Waivers 22.1 No variation of this Agreement shall be effective unless made in writing signed by or on behalf of all the parties and expressed to be such a variation.

  • Amendments; Consents and Waivers No modification, amendment or waiver of, or with respect to, any provision of this Agreement, and all other agreements, instruments and documents delivered thereto, nor consent to any departure by the Seller from any of the terms or conditions thereof shall be effective unless it shall be in writing and signed by each of the parties hereto, the written consent of the Indenture Trustee on behalf of the Noteholders is given and confirmation from each Rating Agency that such action will not result in a downgrade, withdrawal or qualification of any rating assigned to a Class of Notes is received. The Seller shall provide the Indenture Trustee and each Rating Agency with such proposed modifications, amendments or waivers. Any waiver or consent shall be effective only in the specific instance and for the purpose for which given. No consent to or demand by the Seller in any case shall, in itself, entitle it to any other consent or further notice or demand in similar or other circumstances. The Seller acknowledges that in connection with the intended assignment by the Depositor of all of its right, title and interest in and to each Timeshare Loan to the Issuer, the Issuer intends to issue the Notes, the proceeds of which will be used by the Issuer to purchase the Timeshare Loans from the Depositor under the terms of the Sale Agreement.

  • Consents Amendments and Waivers Any term of this Agreement may be amended, and the observance of any term hereof may be waived (either generally or in a particular instance), only with the written consent of the 63% in Interest Purchasers and the written consent of the Company. Any amendment or waiver effected in accordance with this Section 8.8 shall be binding upon each of the parties hereto.

  • Amendments and Waivers (a) If the ICANN Board of Directors determines that an amendment to this Agreement (including to the Specifications referred to herein) and all other registry agreements between ICANN and the Applicable Registry Operators (the “Applicable Registry Agreements”) is desirable (each, a “Special Amendment”), ICANN may adopt a Special Amendment pursuant to the requirements of and process set forth in this Section 7.6; provided that a Special Amendment may not be a Restricted Amendment.

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