Common use of Liability and Property Damage Clause in Contracts

Liability and Property Damage. Lessee shall, at its sole cost and expense, including through self-insurance, maintain such liability and property damage insurance with respect to all Facilities and FF&E and insurance against loss or damage to all Facilities and FF&E of the types usually carried by corporations engaged in the same or a similar business, of similar size as Lessee, and owning or operating similar equipment and property and which cover risks of the kind customarily insured against by such corporations and such other insurance as may be required by law or as may be reasonably requested by Brazos for purposes of assuring compliance with this ARTICLE IX, including, without limitation, the insurance described on the Schedule of Insurance attached hereto as EXHIBIT "A". Such insurance shall be written by financially sound and reputable companies which are legally qualified to issue such insurance. Lessee may, at its cost and expense, prosecute any claim against any insurer or contest any settlement proposed by any insurer, and Lessee may bring any such prosecution or contest in the name of Brazos, Lessee, or both, and Brazos will join therein at Lessee's request; PROVIDED that Lessee shall indemnify Brazos against any losses, costs or expenses (including reasonable attorneys' fees) which Brazos may incur in connection with such prosecution or contest. Notwithstanding the foregoing, Lessee at its sole option, may choose to self-insure in whole or in part (through deductibles or otherwise) for any liabilities or damages which are otherwise to be covered by insurance as described herein.

Appears in 1 contract

Samples: Facilities Lease Agreement (Randalls Food Markets Inc)

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Liability and Property Damage. Lessee shall, at its sole cost and expense, including through self-insurance, maintain such liability and property damage insurance with respect to all Facilities and FF&E Property and insurance against loss or damage to all Facilities and FF&E Property of the types usually carried by corporations engaged in the same or a similar business, of similar size as Lessee, and owning or operating similar equipment and property and which cover risks of the kind customarily insured against by such corporations and such other insurance as may be required by law or as may be reasonably requested by Brazos for purposes of assuring compliance with this ARTICLE IX, including, without limitation, the insurance described on the Schedule of Insurance attached hereto as EXHIBIT "A". Such insurance shall be written by financially sound and reputable companies which are legally qualified to issue such insurance. Lessee may, at its cost and expense, prosecute any claim against any insurer or contest any settlement proposed by any insurer, and Lessee may bring any such prosecution or contest in the name of Brazos, Lessee, or both, and Brazos will join therein at Lessee's request; PROVIDED that Lessee shall indemnify Brazos against any losses, costs or expenses (including reasonable attorneys' fees) which Brazos may incur in connection with such prosecution or contest. Notwithstanding the foregoing, Lessee at its sole option, may choose to self-insure in whole or in part (through deductibles or otherwise) for any liabilities or damages which are otherwise to be covered by insurance as described herein.

Appears in 1 contract

Samples: Ground Lease Agreement (Randalls Food Markets Inc)

Liability and Property Damage. Lessee shall, at its sole cost and expense, including through self-insurance, maintain such liability and property damage insurance with respect to all Facilities and FF&E and insurance against loss or damage to all Facilities and FF&E of the types usually carried by corporations engaged in the same or a similar business, of similar size as Lessee, and owning or operating similar equipment and property and which cover risks of the kind customarily insured against by such corporations and such other insurance as may be required by law or as may be reasonably requested by Brazos for purposes of assuring compliance with this ARTICLE IX, including, without limitation, the insurance described on the Schedule of Insurance attached hereto as EXHIBIT "A". Such insurance shall be written by financially sound and reputable companies which are legally qualified to issue such insuranceinsurance and which are approved by Agent. Lessee may, at its cost and expense, prosecute any claim against any insurer or contest any settlement proposed by any insurer, and Lessee may bring any such prosecution or contest in the name of Brazos, Lessee, or both, and Brazos will join therein at Lessee's request; PROVIDED provided that Lessee shall indemnify Brazos against any losses, costs or expenses (including reasonable attorneys' fees) which Brazos may incur in connection with such prosecution or contest. Notwithstanding the foregoing, Lessee at its sole option, may choose to self-insure in whole or in part (through deductibles or otherwise) for any liabilities or damages which are otherwise to be covered by insurance as described herein.

Appears in 1 contract

Samples: Facilities Lease Agreement (Monro Muffler Brake Inc)

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Liability and Property Damage. Lessee shall, at its sole cost and expense, including through self-insurance, maintain such liability and property damage insurance with respect to all Facilities and FF&E Property and insurance against loss or damage to all Facilities and FF&E Property of the types usually carried by corporations engaged in the same or a similar business, of similar size as Lessee, and owning or operating similar equipment and property and which cover risks of the kind customarily insured against by such corporations and such other insurance as may be required by law or as may be reasonably requested by Brazos for purposes of assuring compliance with this ARTICLE IX, including, without limitation, the insurance described on the Schedule of Insurance attached hereto as EXHIBIT "A". Such insurance shall be written by financially sound and reputable companies which are legally qualified to issue such insuranceinsurance and which are approved by Agent. Lessee may, at its cost and expense, prosecute any claim against any insurer or contest any settlement proposed by any insurer, and Lessee may bring any such prosecution or contest in the name of Brazos, Lessee, or both, and Brazos will join therein at Lessee's request; PROVIDED provided that Lessee shall indemnify Brazos against any losses, costs or expenses (including reasonable attorneys' fees) which Brazos may incur in connection with such prosecution or contest. Notwithstanding the foregoing, Lessee at its sole option, may choose to self-insure in whole or in part (through deductibles or otherwise) for any liabilities or damages which are otherwise to be covered by insurance as described herein.

Appears in 1 contract

Samples: Ground Lease Agreement (Monro Muffler Brake Inc)

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