Policy Terms. Any policy of insurance carried and maintained in accordance with this Section 13.01, and any policy taken out in substitution or replacement for any such policy subject to the terms, conditions and limitations thereof, shall: (i) name or be amended to name the Lessor in its individual capacity and as owner of the Aircraft, the Indenture Trustee in its individual capacity and as trustee/mortgagee of the Aircraft, the Pass Through Trustee, each Liquidity Provider, the Owner Participant and the Owner Participant Guarantor and each of their respective officers and directors in their respective capacities as such as additional insureds (hereinafter in this paragraph (c) sometimes referred to as "Additional Insured"); (ii) provide that, in respect of the interest of any Additional Insured in such policies, the insurance shall not be invalidated by any action or inaction of the Lessee or any Additional Insured as defined under the policy of insurance required under this Section 13.01 (other than any action or inaction of such Additional Insured) and shall insure each Additional Insured regardless of any breach or violation of any warranty, declaration or condition contained in such policies by the Lessee or any other Additional Insured (other than any breach or violation of any warranty, declaration or condition by such Additional Insured) as defined under the policy of insurance required under this Section 13.01; (iii) provide that if such insurance is cancelled for any reason, or any substantial change is made in the policies which adversely affect the scope of the coverage required herein, or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, change or lapse shall not be effective as to any Additional Insured for thirty (30) days (except in the case of war risk coverage in which event the applicable period shall be seven (7) days or such other period as may be customary) after receipt by each such Additional Insured of written notice from such insurers or such insurers' broker of such cancellation, change or lapse; (iv) provide that the insurers shall waive any rights of subrogation against each Additional Insured, to the extent that the Lessee has waived its rights under this Lease and the Participation Agreement; provided that the exercise by insurers of rights of subrogation derived from rights retained by the Lessee shall not, in any way, delay payment of any claim that would otherwise be payable by such insurers but for the existence of rights of subrogation derived from rights retained by the Lessee; (v) provide that all of the provisions of such policy shall operate in the same manner as if there were a separate policy covering each Additional Insured; provided, that such policies shall not operate to increase any insurer's limit of liability; (vi) be primary, without right of contribution from any other insurance which is carried by any Additional Insured with respect to its interest in the Aircraft; (vii) provide that no Additional Insured shall have any obligation or liability for premiums or other payments, if any, in connection with such insurance; and (viii) provide that such insurer shall waive the right of such insurer to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any Additional Insured.
Appears in 2 contracts
Sources: Lease Agreement (Federal Express Corp), Lease Agreement (Federal Express Corp)
Policy Terms. Any policy of insurance carried and maintained in accordance with this Section 13.01, and any policy taken out in substitution or replacement for any such policy subject to the terms, conditions and limitations thereof, shall:
(i) name or be amended to name the Lessor in its individual capacity and as owner of the Aircraft, the Indenture Trustee in its individual capacity and as trustee/mortgagee of the Aircraft, the Pass Through Trustee, each Liquidity Provider, the Owner Participant Provider and the Owner Participant Guarantor and each of their respective officers and directors in their respective capacities as such as additional insureds (hereinafter in this paragraph (c) sometimes referred to as "Additional Insured");
(ii) provide that, in respect of the interest of any Additional Insured in such policies, the insurance shall not be invalidated by any action or inaction of the Lessee or any Additional Insured as defined under the policy of insurance required under this Section 13.01 (other than any action or inaction of such Additional Insured) and shall insure each Additional Insured regardless of any breach or violation of any warranty, declaration or condition contained in such policies by the Lessee or any other Additional Insured (other than any breach or violation of any warranty, declaration or condition by such Additional Insured) as defined under the policy of insurance required under this Section 13.01;
(iii) provide that if such insurance is cancelled for any reason, or any substantial change is made in the policies which adversely affect the scope of the coverage required herein, or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, change or lapse shall not be effective as to any Additional Insured for thirty (30) days (except in the case of war risk coverage in which event the applicable period shall be seven (7) days or such other period as may be customary) after receipt by each such Additional Insured of written notice from such insurers or such insurers' broker of such cancellation, change or lapse;
(iv) provide that the insurers shall waive any rights of subrogation against each Additional Insured, to the extent that the Lessee has waived its rights under this Lease and the Participation Agreement; provided that the exercise by insurers of rights of subrogation derived from rights retained by the Lessee shall not, in any way, delay payment of any claim that would otherwise be payable by such insurers but for the existence of rights of subrogation derived from rights retained by the Lessee;
(v) provide that all of the provisions of such policy shall operate in the same manner as if there were a separate policy covering each Additional Insured; provided, that such policies shall not operate to increase any insurer's limit of liability;
(vi) be primary, without right of contribution from any other insurance which is carried by any Additional Insured with respect to its interest in the Aircraft;
(vii) provide that no Additional Insured shall have any obligation or liability for premiums or other payments, if any, in connection with such insurance; and
(viii) provide that such insurer shall waive the right of such insurer to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any Additional Insured.
Appears in 2 contracts
Sources: Lease Agreement (Federal Express Corp), Lease Agreement (Federal Express Corp)
Policy Terms. Any policy of insurance carried and maintained in accordance with this Section 13.01, and any policy taken out in substitution or replacement for any such policy subject to the terms, conditions and limitations thereof, shall:
(i) name or be amended to name the Lessor in its individual capacity and as owner of the Aircraft, the Indenture Trustee in its individual capacity and as trustee/mortgagee of the Aircraft, the Pass Through TrusteeOwner Participant, each Liquidity Provider, the Owner Participant and the Owner Participant Guarantor Provider and each of their respective officers and directors in their respective capacities as such as additional insureds (hereinafter in this paragraph (c) sometimes referred to as "Additional Insured");
(ii) provide that, in respect of the interest of any Additional Insured in such policies, the insurance shall not be invalidated by any action or inaction of the Lessee or any Additional Insured as defined under the policy of insurance required under this Section 13.01 (other than any action or inaction of such Additional Insured) and shall insure each Additional Insured regardless of any breach or violation of any warranty, declaration or condition contained in such policies by the Lessee or any other Additional Insured (other than any breach or violation of any warranty, declaration or condition by such Additional Insured) as defined under the policy of insurance required under this Section 13.01;
(iii) provide that if such insurance is cancelled for any reason, or any substantial change is made in the policies which adversely affect the scope of the coverage required herein, or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, change or lapse shall not be effective as to any Additional Insured for thirty (30) days (except in the case of war risk coverage in which event the applicable period shall be seven (7) days or such other period as may be customary) after receipt by each such Additional Insured of written notice from such insurers or such insurers' broker of such cancellation, change or lapse;
(iv) provide that the insurers shall waive any rights of subrogation against each Additional Insured, to the extent that the Lessee has waived its rights under this Lease and the Participation Agreement; provided that the exercise by insurers of rights of subrogation derived from rights retained by the Lessee shall not, in any way, delay payment of any claim that would otherwise be payable by such insurers but for the existence of rights of subrogation derived from rights retained by the Lessee;
(v) provide that all of the provisions of such policy shall operate in the same manner as if there were a separate policy covering each Additional Insured; provided, that such policies shall not operate to increase any insurer's limit of liability;
(vi) be primary, without right of contribution from any other insurance which is carried by any Additional Insured with respect to its interest in the Aircraft;
(vii) provide that no Additional Insured shall have any obligation or liability for premiums or other payments, if any, in connection with such insurance; and
(viii) provide that such insurer shall waive the right of such insurer to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any Additional Insured.
Appears in 1 contract
Policy Terms. Any policy of insurance carried and maintained in accordance with this Section 13.01, and any policy taken out in substitution or replacement for any such policy subject to the terms, conditions and limitations thereof, shall:
(i) name or be amended to name the Lessor in its individual capacity and as owner of the Aircraft, the Indenture Trustee in its individual capacity and as trustee/mortgagee of the Aircraft, Aircraft and the Pass Through TrusteeOwner Participant, each Liquidity Provider, the Owner Participant and the Owner Participant Guarantor Provider and each of their respective officers and directors in their respective capacities as such as additional insureds (hereinafter in this paragraph (c) sometimes referred to as "Additional Insured");
(ii) provide that, in respect of the interest of any Additional Insured in such policies, the insurance shall not be invalidated by any action or inaction of the Lessee or any Additional Insured as defined under the policy of insurance required under this Section 13.01 (other than any action or inaction of such Additional Insured) and shall insure each Additional Insured regardless of any breach or violation of any warranty, declaration or condition contained in such policies by the Lessee or any other Additional Insured (other than any breach or violation of any warranty, declaration or condition by such Additional Insured) as defined under the policy of insurance required under this Section 13.01;
(iii) provide that if such insurance is cancelled for any reason, or any substantial change is made in the policies which adversely affect the scope of the coverage required herein, or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, change or lapse shall not be effective as to any Additional Insured for thirty (30) days (except in the case of war risk coverage in which event the applicable period shall be seven (7) days or such other period as may be customary) after receipt by each such Additional Insured of written notice from such insurers or such insurers' broker of such cancellation, change or lapse;
(iv) provide that the insurers shall waive any rights of subrogation against each Additional Insured, to the extent that the Lessee has waived its rights under this Lease and the Participation Agreement; provided that the exercise by insurers of rights of subrogation derived from rights retained by the Lessee shall not, in any way, delay payment of any claim that would otherwise be payable by such insurers but for the existence of rights of subrogation derived from rights retained by the Lessee;
(v) provide that all of the provisions of such policy shall operate in the same manner as if there were a separate policy covering each Additional Insured; provided, that such policies shall not operate to increase any insurer's limit of liability;
(vi) be primary, without right of contribution from any other insurance which is carried by the Lessee or any sublessee or any Additional Insured with respect to its interest in the Aircraft;
(vii) provide that no Additional Insured shall have any obligation or liability for premiums or other payments, if any, in connection with such insurance; and
(viii) provide that such insurer shall waive the right of such insurer to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any Additional Insured.
Appears in 1 contract
Policy Terms. Any policy of insurance carried and maintained in accordance with this Section 13.01, and any policy taken out in substitution or replacement for any such policy subject to the terms, conditions and limitations thereof, shall:
(i) name or be amended to name the Lessor in its individual capacity and as owner of the Aircraft, the Indenture Trustee in its individual capacity and as trustee/mortgagee of the Aircraft, the Pass Through TrusteeOwner Participant, each Liquidity Provider, the Owner Participant and the Owner Participant Guarantor Provider and each of their respective officers and directors in their respective capacities as such as additional insureds (hereinafter in this paragraph (c) sometimes referred to as "Additional Insured");
(ii) provide that, in respect of the interest of any Additional Insured in such policies, the insurance shall not be invalidated by any action or inaction of the Lessee Lessee, any sublessee, any transferee or any Additional Insured as defined under the policy of insurance required under this Section 13.01 (other than any action or inaction of such Additional Insured) and shall insure each Additional Insured regardless of any breach or violation of any warranty, declaration or condition contained in such policies or applications therefor by the Lessee Lessee, any sublessee, any transferee or any other Additional Insured (other than any breach or violation of any warranty, declaration or condition by such Additional Insured) as defined under the policy of insurance required under this Section 13.0113.01 (other than such Additional Insured);
(iii) provide that if such insurance is cancelled for any reason, or any substantial change is made in the policies which adversely affect the scope of the coverage required herein, or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, change or lapse shall not be effective as to any Additional Insured for thirty (30) days (except in the case of war risk coverage in which event the applicable period shall be seven (7) days or such other period as may be customarycustomary in the aviation insurance industry) after receipt by each such Additional Insured of written notice from such insurers or such insurers' broker of such cancellation, change or lapse;
(iv) provide that no Additional Insured shall have any obligation or liability for premiums or other payments, if any, in connection with such insurance;
(v) provide that the insurers shall waive any rights to be subrogated to the rights of subrogation against each any Additional Insured, to the extent that the Lessee has waived its rights under this Lease and the Participation or any other Operative Agreement; provided that the exercise by insurers of rights of subrogation derived from rights retained by the Lessee shall not, in any way, delay payment of any claim that would otherwise be payable by such insurers but for the existence of rights of subrogation derived from rights retained by the Lessee;
(vvi) provide that such insurer shall waive the right of such insurer to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any Additional Insured;
(vii) provide that all of the provisions of such policy shall operate in the same manner as if there were a separate policy covering each Additional Insured; provided, that such policies shall not operate to increase any insurer's limit of liability;; and
(viviii) be primary, without right of contribution from any other insurance which is carried by any Additional Insured with respect to its interest in the Aircraft;
(vii) provide that no Additional Insured shall have any obligation or liability for premiums or other payments, if any, in connection with such insurance; and
(viii) provide that such insurer shall waive the right of such insurer to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any Additional Insured.
Appears in 1 contract
Policy Terms. Any policy of insurance carried and maintained in accordance with this Section 13.01, and any policy taken out in substitution or replacement for any such policy subject to the terms, conditions and limitations thereof, shall:
(i) name or be amended to name the Lessor in its individual capacity and as owner of the Aircraft, the Indenture Trustee in its individual capacity and as trustee/mortgagee of the Aircraft, the Pass Through Trustee, each Liquidity Providersuch, the Owner Participant and the Owner Participant Guarantor and each of their respective officers and directors in their respective capacities as such as additional insureds (hereinafter in this paragraph (c) sometimes referred to as "Additional Insured");
(ii) provide that, in respect of the interest of any Additional Insured in such policies, the insurance shall not be invalidated by any action or inaction of the Lessee or any Additional Insured as defined under the policy of insurance required under this Section 13.01 (other than any action or inaction of such Additional Insured) and shall insure each Additional Insured regardless of any breach or violation of any warranty, declaration or condition contained in such policies by the Lessee or any other Additional Insured (other than any breach or violation of any warranty, declaration or condition by such Additional Insured) as defined under the policy of insurance required under this Section 13.01;
(iii) provide that if such insurance is cancelled for any reason, or any substantial change is made in the policies which adversely affect the scope of the coverage required herein, or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, change or lapse shall not be effective as to any Additional Insured for thirty (30) days (except in the case of war risk coverage in which event the applicable period shall be seven (7) days or such other period as may be customary) after receipt by each such Additional Insured of written notice from such insurers or such insurers' broker of such cancellation, change or lapse;
(iv) provide that the insurers shall waive any rights of subrogation against each Additional Insured, to the extent that the Lessee has waived its rights under this Lease and the Participation Agreement; provided that the exercise by insurers of rights of subrogation derived from rights retained by the Lessee shall not, in any way, delay payment of any claim that would otherwise be payable by such insurers but for the existence of rights of subrogation derived from rights retained by the Lessee;
(v) provide that all of the provisions of such policy shall operate in the same manner as if there were a separate policy covering each Additional Insured; provided, that such policies shall not operate to increase any insurer's limit of liability;
(vi) be primary, without right of contribution from any other insurance which is carried by any Additional Insured with respect to its interest in the Aircraft;
(vii) provide that no Additional Insured shall have any obligation or liability for premiums or other payments, if any, in connection with such insurance; and
(viii) provide that such insurer shall waive the right of such insurer to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any Additional Insured.
Appears in 1 contract
Policy Terms. Any policy of insurance carried and maintained in accordance with this Section 13.01, and any policy taken out in substitution or replacement for any such policy subject to the terms, conditions and limitations thereof, shall:
(i) name or be amended to name the Lessor in its individual capacity and as owner of the Aircraft, the Indenture Trustee in its individual capacity and as trustee/mortgagee of the Aircraft, the Pass Through Trustee, each Liquidity Provider, the Owner Participant Participants and the Owner Participant Guarantor Guarantors and each of their respective officers and directors in their respective capacities as such as additional insureds (hereinafter in this paragraph (c) sometimes referred to as "Additional Insured");
(ii) provide that, in respect of the interest of any Additional Insured in such policies, the insurance shall not be invalidated by any action or inaction of the Lessee or any Additional Insured as defined under the policy of insurance required under this Section 13.01 (other than any action or inaction of such Additional Insured) and shall insure each Additional Insured regardless of any breach or violation of any warranty, declaration or condition contained in such policies by the Lessee or any other Additional Insured (other than any breach or violation of any warranty, declaration or condition by such Additional Insured) as defined under the policy of insurance required under this Section 13.01;
(iii) provide that if such insurance is cancelled for any reason, or any substantial change is made in the policies which adversely affect the scope of the coverage required herein, or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, change or lapse shall not be effective as to any Additional Insured for thirty (30) days (except in the case of war risk coverage in which event the applicable period shall be seven (7) days or such other period as may be customary) after receipt by each such Additional Insured of written notice from such insurers or such insurers' broker of such cancellation, change or lapse;
(iv) provide that the insurers shall waive any rights of subrogation against each Additional Insured, to the extent that the Lessee has waived its rights under this Lease and the Participation Agreement; provided that the exercise by insurers of rights of subrogation derived from rights retained by the Lessee shall not, in any way, delay payment of any claim that would otherwise be payable by such insurers but for the existence of rights of subrogation derived from rights retained by the Lessee;
(v) provide that all of the provisions of such policy shall operate in the same manner as if there were a separate policy covering each Additional Insured; provided, that such policies shall not operate to increase any insurer's limit of liability;
(vi) be primary, without right of contribution from any other insurance which is carried by any Additional Insured with respect to its interest in the Aircraft;
(vii) provide that no Additional Insured shall have any obligation or liability for premiums or other payments, if any, in connection with such insurance; and
(viii) provide that such insurer shall waive the right of such insurer to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any Additional Insured.
Appears in 1 contract
Policy Terms. Any policy of insurance carried and maintained in accordance with this Section 13.01, and any policy taken out in substitution or replacement for any such policy subject to the terms, conditions and limitations thereof, shall:
(i) name or be amended to name the Lessor in its individual capacity and as owner of the Aircraft, the Indenture Trustee in its individual capacity and as trustee/mortgagee of the Aircraft, the Pass Through Trustee, each Liquidity Provider, the Owner Participant Provider and the Owner Participant Guarantor and each of their respective officers and directors in their respective capacities as such as additional insureds (hereinafter in this paragraph (c) sometimes referred to as "Additional Insured");
(ii) provide that, in respect of the interest of any Additional Insured in such policies, the insurance shall not be invalidated by any action or inaction of the Lessee or any Additional Insured as defined under the policy of insurance required under this Section 13.01 (other than any action or inaction of such Additional Insured) and shall insure each Additional Insured regardless of any breach or violation of any warranty, declaration or condition contained in such policies by the Lessee or any other Additional Insured (other than any breach or violation of any warranty, declaration or condition by such Additional Insured) as defined under the policy of insurance required under this Section 13.01;
(iii) provide that if such insurance is cancelled for any reason, or any substantial change is made in the policies which adversely affect the scope of the coverage required herein, or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, change or lapse shall not be effective as to any Additional Insured for thirty (30) days (except in the case of war risk coverage in which event the applicable period shall be seven (7) days or such other period as may be customary) after receipt by each such Additional Insured of written notice from such insurers or such insurers' broker of such cancellation, change or lapse;
(iv) provide that the insurers shall waive any rights of subrogation against each Additional Insured, to the extent that the Lessee has waived its rights under this Lease and the Participation Agreement; provided that the exercise by insurers of rights of subrogation derived from rights retained by the Lessee shall not, in any way, delay payment of any claim that would otherwise be payable by such insurers but for the existence of rights of subrogation derived from rights retained by the Lessee;
(v) provide that all of the provisions of such policy shall operate in the same manner as if there were a separate policy covering each Additional Insured; provided, that such policies shall not operate to increase any insurer's limit of liability;
(vi) be primary, without right of contribution from any other insurance which is carried by any Additional Insured with respect to its interest in the Aircraft;
(vii) provide that no Additional Insured shall have any obligation or liability for premiums or other payments, if any, in connection with such insurance; and
(viii) provide that such insurer shall waive the right of such insurer to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any Additional Insured.
Appears in 1 contract
Policy Terms. Any policy of insurance carried and maintained in accordance with this Section 13.01, and any policy taken out in substitution or replacement for any such policy subject to the terms, conditions and limitations thereof, shall:
(i) name or be amended to name the Lessor in its individual capacity and as owner of the Aircraft, the Indenture Trustee in its individual capacity and as trustee/mortgagee of the Aircraft, the Pass Through Trustee, each Liquidity ProviderOwner Participant, the Owner Participant and the Owner Participant Guarantor Guarantor, each Liquidity Provider and each of their respective officers and directors in their respective capacities as such as additional insureds (hereinafter in this paragraph (c) sometimes referred to as "Additional Insured");
(ii) provide that, in respect of the interest of any Additional Insured in such policies, the insurance shall not be invalidated by any action or inaction of the Lessee or any Additional Insured as defined under the policy of insurance required under this Section 13.01 (other than any action or inaction of such Additional Insured) and shall insure each Additional Insured regardless of any breach or violation of any warranty, declaration or condition contained in such policies by the Lessee or any other Additional Insured (other than any breach or violation of any warranty, declaration or condition by such Additional Insured) as defined under the policy of insurance required under this Section 13.01;
(iii) provide that if such insurance is cancelled for any reason, or any substantial change is made in the policies which adversely affect the scope of the coverage required herein, or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, change or lapse shall not be effective as to any Additional Insured for thirty (30) days (except in the case of war risk coverage in which event the applicable period shall be seven (7) days or such other period as may be customary) after receipt by each such Additional Insured of written notice from such insurers or such insurers' broker of such cancellation, change or lapse;
(iv) provide that the insurers shall waive any rights of subrogation against each Additional Insured, to the extent that the Lessee has waived its rights under this Lease and the Participation Agreement; provided that the exercise by insurers of rights of subrogation derived from rights retained by the Lessee shall not, in any way, delay payment of any claim that would otherwise be payable by such insurers but for the existence of rights of subrogation derived from rights retained by the Lessee;
(v) provide that all of the provisions of such policy shall operate in the same manner as if there were a separate policy covering each Additional Insured; provided, that such policies shall not operate to increase any insurer's limit of liability;
(vi) be primary, without right of contribution from any other insurance which is carried by any Additional Insured with respect to its interest in the Aircraft;
(vii) provide that no Additional Insured shall have any obligation or liability for premiums or other payments, if any, in connection with such insurance; and
(viii) provide that such insurer shall waive the right of such insurer to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any Additional Insured.
Appears in 1 contract
Policy Terms. Any policy of insurance carried and maintained in accordance with this Section 13.01, and any policy taken out in substitution or replacement for any such policy subject to the terms, conditions and limitations thereof, shall:
(i) name or be amended to name the Lessor in its individual capacity and as owner of the Aircraft, the Indenture Trustee in its individual capacity and in its capacity as trustee/mortgagee of the Aircraft, the Pass Through Trustee, each Liquidity Provider, the Owner Participant and the Owner Participant Guarantor and each of their respective officers and directors in their respective capacities as such as additional insureds (hereinafter in this paragraph (c) sometimes referred to as "Additional Insured");
(ii) provide that, in respect of the interest of any Additional Insured in such policies, the insurance shall not be invalidated by any action or inaction of the Lessee or any Additional Insured as defined under the policy of insurance required under this Section 13.01 (other than any action or inaction of such Additional Insured) and shall insure each Additional Insured regardless of any breach or violation of any warranty, declaration or condition contained in such policies by the Lessee or any other Additional Insured (other than any breach or violation of any warranty, declaration or condition by such Additional Insured) as defined under the policy of insurance required under this Section 13.01;
(iii) provide that if such insurance is cancelled for any reason, or any substantial change is made in the policies which adversely affect the scope of the coverage required herein, or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, change or lapse shall not be effective as to any Additional Insured for thirty (30) days (except in the case of war risk coverage in which event the applicable period shall be seven (7) days or such other period as may be customary) after receipt by each such Additional Insured of written notice from such insurers or such insurers' broker of such cancellation, change or lapse;
(iv) provide that the insurers shall waive any rights of subrogation against each Additional Insured, to the extent that the Lessee has waived its rights under this Lease and the Participation Agreement; provided that the exercise by insurers of rights of subrogation derived from rights retained by the Lessee shall not, in any way, delay payment of any claim that would otherwise be payable by such insurers but for the existence of rights of subrogation derived from rights retained by the Lessee;
(v) provide that all of the provisions of such policy shall operate in the same manner as if there were a separate policy covering each Additional Insured; provided, that such policies shall not operate to increase any insurer's limit of liability;
(vi) be primary, without right of contribution from any other insurance which is carried by any Additional Insured with respect to its interest in the Aircraft;
(vii) provide that no Additional Insured shall have any obligation or liability for premiums or other payments, if any, in connection with such insurance; and
(viii) provide that such insurer shall waive the right of such insurer to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any Additional Insured.
Appears in 1 contract
Policy Terms. Any policy of insurance carried and maintained in accordance with this Section 13.01, and any policy taken out in substitution or replacement for any such policy subject to the terms, conditions and limitations thereof, shall:
(i) name or be amended to name the Lessor in its individual capacity and as owner of the Aircraft, the Indenture Trustee in its individual capacity and as trustee/mortgagee of the Aircraft, the Pass Through Trustee, each Liquidity Provider, the Owner Participant Aircraft and the Owner Participant Guarantor and each of their respective officers and directors in their respective capacities as such as additional insureds (hereinafter in this paragraph (c) sometimes referred to as "Additional Insured");
(ii) provide that, in respect of the interest of any Additional Insured in such policies, the insurance shall not be invalidated by any action or inaction of the Lessee or any Additional Insured as defined under the policy of insurance required under this Section 13.01 (other than any action or inaction of such Additional Insured) and shall insure each Additional Insured regardless of any breach or violation of any warranty, declaration or condition contained in such policies by the Lessee or any other Additional Insured (other than any breach or violation of any warranty, declaration or condition by such Additional Insured) as defined under the policy of insurance required under this Section 13.01;
(iii) provide that if such insurance is cancelled for any reason, or any substantial change is made in the policies which adversely affect the scope of the coverage required herein, or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, change or lapse shall not be effective as to any Additional Insured for thirty (30) days (except in the case of war risk coverage in which event the applicable period shall be seven (7) days or such other period as may be customary) after receipt by each such Additional Insured of written notice from such insurers or such insurers' broker of such cancellation, change or lapse;
(iv) provide that the insurers shall waive any rights of subrogation against each Additional Insured, to the extent that the Lessee has waived its rights under this Lease and the Participation Agreement; provided that the exercise by insurers of rights of subrogation derived from rights retained by the Lessee shall not, in any way, delay payment of any claim that would otherwise be payable by such insurers but for the existence of rights of subrogation derived from rights retained by the Lessee;
(v) provide that all of the provisions of such policy shall operate in the same manner as if there were a separate policy covering each Additional Insured; provided, that such policies shall not operate to increase any insurer's limit of liability;
(vi) be primary, without right of contribution from any other insurance which is carried by any Additional Insured with respect to its interest in the Aircraft;
(vii) provide that no Additional Insured shall have any obligation or liability for premiums or other payments, if any, in connection with such insurance; and
(viii) provide that such insurer shall waive the right of such insurer to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any Additional Insured.
Appears in 1 contract
Policy Terms. Any policy of insurance carried and maintained in accordance with this Section 13.01, and any policy taken out in substitution or replacement for any such policy subject to the terms, conditions and limitations thereof, shall:
(i) name or be amended to name the Lessor in its individual capacity and as owner of the Aircraft, the Indenture Trustee in its individual capacity and as trustee/mortgagee of the Aircraft, the Pass Through Trustee, each Liquidity Provider, the Owner Participant Aircraft and the Owner Participant Guarantor and each of their respective officers and directors in their respective capacities as such as additional insureds (hereinafter in this paragraph (c) sometimes referred to as "Additional Insured");
(ii) provide that, in respect of the interest of any Additional Insured in such policies, the insurance shall not be invalidated by any action or inaction of the Lessee or any Additional Insured as defined under the policy of insurance required under this Section 13.01 (other than any action or inaction of such Additional Insured) and shall insure each Additional Insured regardless of any breach or violation of any warranty, declaration or condition contained in such policies by the Lessee or any other Additional Insured (other than any breach or violation of any warranty, declaration or condition by such Additional Insured) as defined under the policy of insurance required under this Section 13.01;
(iii) provide that if such insurance is cancelled for any reason, or any substantial change is made in the policies which adversely affect the scope of the coverage required herein, or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, change or lapse shall not be effective as to any Additional Insured for thirty (30) days (except in the case of war risk coverage in which event the applicable period shall be seven (7) days or such other period as may be customary) after receipt by each such Additional Insured of written notice from such insurers or such insurers' broker of such cancellation, change or lapse;
(iv) provide that the insurers shall waive any rights of subrogation against each Additional Insured, to the extent that the Lessee has waived its rights under this Lease and the Participation Agreement; provided that the exercise by insurers of rights of subrogation derived from rights retained by the Lessee shall not, in any way, delay payment of any claim that would otherwise be payable by such insurers but for the existence of rights of subrogation derived from rights retained by the Lessee;
(v) provide that all of the provisions of such policy shall operate in the same manner as if there were a separate policy covering each Additional Insured; provided, that such policies shall not operate to increase any insurer's limit of liability;
(vi) be primary, without right of contribution from any other insurance which is carried by the Lessee or any sublessee or any Additional Insured with respect to its interest in the Aircraft;
(vii) provide that no Additional Insured shall have any obligation or liability for premiums or other payments, if any, in connection with such insurance; and
(viii) provide that such insurer shall waive the right of such insurer to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any Additional Insured.
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Policy Terms. Any policy of insurance carried and maintained in accordance with this Section 13.01, and any policy taken out in substitution or replacement for any such policy subject to the terms, conditions and limitations thereof, shall:
(i) name or be amended to name the Lessor in its individual capacity capacit and as owner of the Aircraft, the Indenture Trustee in its individual capacity and as trustee/mortgagee of the Aircraft, the Pass Through Trustee, each Liquidity Providersuch, the Owner Participant and the Owner Participant Guarantor and each of their respective officers and directors in their respective capacities as such as additional insureds (hereinafter in this paragraph (c) sometimes referred to as "Additional Insured");
(ii) provide that, in respect of the interest of any Additional Insured in such policies, the insurance shall not be invalidated by any action or inaction of the Lessee or any Additional Insured as defined under the policy of insurance required under this Section 13.01 (other than any action or inaction of such Additional Insured) and shall insure each Additional Insured regardless of any breach or violation of any warranty, declaration or condition contained in such policies by the Lessee or any other Additional Insured (other than any breach or violation of any warranty, declaration or condition by such Additional Insured) as defined under the policy of insurance required under this Section 13.01;
(iii) provide that if such insurance is cancelled for any reason, or any substantial change is made in the policies which adversely affect the scope of the coverage required herein, or if such insurance is allowed to lapse for nonpayment of premium, such cancellation, change or lapse shall not be effective as to any Additional Insured for thirty (30) days (except in the case of war risk coverage in which event the applicable period shall be seven (7) days or such other period as may be customary) after receipt by each such Additional Insured of written notice from such insurers or such insurers' broker of such cancellation, change or lapse;
(iv) provide that the insurers shall waive any rights of subrogation against each Additional Insured, to the extent that the Lessee has waived its rights under this Lease and the Participation Agreement; provided that the exercise by insurers of rights of subrogation derived from rights retained by the Lessee shall not, in any way, delay payment of any claim that would otherwise be payable by such insurers but for the existence of rights of subrogation derived from rights retained by the Lessee;
(v) provide that all of the provisions of such policy shall operate operat in the same manner as if there were a separate policy covering each Additional Insured; provided, that such policies shall not operate to increase any insurer's limit of liability;
(vi) be primary, without right of contribution from any other insurance which is carried by any Additional Insured with respect to its interest in the Aircraft;
(vii) provide that no Additional Insured shall have any obligation or liability for premiums or other payments, if any, in connection with such insurance; and
(viii) provide that such insurer shall waive the right of such insurer to any set-off or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any Additional Insured.
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