Pollution Legal Liability Insurance. Rail Company shall also procure and maintain, at its sole cost and expense, pollution legal liability insurance covering the Rail Company and the Additional Insureds in an amount not less than TWENTY-FIVE MILLION AND NO/100 DOLLARS ($25,000,000) per claim and TWENTY-FIVE MILLION AND NO/100 DOLLARS ($25,000,000.00) aggregate for each policy term (such term not to exceed three (3) years) and maintain such coverage for the duration of the Term of this Agreement. The pollution legal liability policy shall be in place from the Effective Date through the duration of the Term of this Agreement plus an extended reporting period of not less than five (5) years. The policy shall be on a form reasonably acceptable to the Authority and shall include coverage for bodily injury; property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed; cleanup costs and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. Coverage shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants and shall include groundwater pollution, soil pollution, air pollution. Unless such coverage cannot be procured at commercially reasonable rates after good faith effort to procure same by the Rail Company, the policy shall also cover noise pollution and vibration pollution. To the extent that the railroad liability policy described above contains pollution coverage, Rail Company will not be required to carry duplicative insurance under this subsection (vi).
Pollution Legal Liability Insurance. A pollution legal liability policy against on-site and off-site third party bodily injury and property damage claims resulting from pollution related incidents occurring on, in or about the properties (including vehicles) owned, leased or operated by the Borrower and its Restricted Subsidiaries and those occurring at disposal, transfer or other locations not owned, operated or leased by the Borrower or any of its Subsidiaries, including in connection with the transporting of materials of the Borrower or its Subsidiaries comparable in all respects with insurance carried by responsible owners and operators of businesses similar to those of the Borrower and its Restricted Subsidiaries, but in no event less than $5,000,000 inclusive per occurrence and $10,000,000 in the aggregate, and such insurance shall contain all standard extensions customary for such policy and shall cover prior acts.
Pollution Legal Liability Insurance. Tenant shall obtain and maintain in full force and effect and at its own expense during the entire Term of this Lease Agreement, an environmental insurance policy, naming Landlord as an additional insured. The amount of such insurance shall be for not less than $5,000,000 per occurrence, with a self-insured retention amount or deductible of not more than $50,000. In the event Tenant’s use of the Premises materially changes from Tenant’s initial use or Tenant introduces additional types of Hazardous Materials onto the Premises and the Landlord reasonably determines that such amount of coverage is no longer adequate, then the parties agree to negotiate in good faith an increase in the amount of coverage.
Pollution Legal Liability Insurance with a minimum single amount of Five Million Dollars ($5,000,000).
Pollution Legal Liability Insurance. 1. Licensee shall maintain Pollution Legal Liability Insurance covering bodily injury, property damage, clean-up costs/remediation expenses and legal defense costs for new pollution conditions both on and off-site. If Licensee’s operations include loading, unloading or transportation of any waste or hazardous materials to or from the Premises, this insurance shall expressly include such activities and any non-owned facilities/sites utilized for the disposal of wastes or hazardous materials transported from the Premises. If the Premises contains any underground storage tank(s), this insurance shall expressly include such tanks.
Pollution Legal Liability Insurance. During the Lease Term and any early access period, Tenant shall maintain pollution legal liability insurance insuring Tenant against liability for bodily injury, property damage (including loss of use of property), legal defense and remediation, and personal injury arising out of the operation, use or occupancy of the Premises. The pollution legal liability insurance shall be in an initial amount of not less than FIVE MILLION DOLLARS ($5,000,000.00) per occurrence and in the aggregate. Tenant shall name Landlord, and Landlord’s property manager, Landlord’s lender, and any other party that Landlord may request, as additional insured’s under such policy. Notwithstanding the foregoing, so long as the current occupant at the Premises’ use of the Premises is primarily limited to the use set forth in Article 25 (Use Exclusivity), the foregoing requirement of this Section 4.04(c) shall be inapplicable to Tenant and of no force or effect.
Pollution Legal Liability Insurance. Pollution Liability insurance covering bodily injury, property damage, including cleanup, and other losses caused by pollution conditions occurring during the Term of this Lease and arising directly from Lessee’s operations at the Leased Premises or the Cargo Dock Facilities, including pollution of any body of water, with limits of not less than $10,000,000 per occurrence. Pollution Coverage shall include, but not be limited to, environmental cleanup, remediation and disposal and may be included within the required General Liability and/or Umbrella Insurance. Lessee shall deliver to Authority, prior to the commencement of any material activity by Lessee on the Leased Premises, as proof of the insurance required of Lessee, a certificate or certificates of insurance (and any endorsements required to provide evidence of the insurance coverages required under this Lease) describing the Policies, which certificates must be in their form and content, reasonably acceptable to the Authority. In the event that a claim is filed against the Authority and governed by the terms of this Lease, Lessee shall, upon receipt of a written request, deliver to the Authority, true and correct copies of the Policies required hereunder which may be responsive to the claim. In addition, to the extent that during the Term there shall occur any material changes in any of the Policies required hereunder, Lessee shall notify the Authority of such changes. In the event that Lessee fails to obtain or maintain any of the insurance required by this Exhibit F, the Authority retains the right to procure such insurance coverage and charge the Lessee the premium cost plus an additional 10% administrative fee. From time to time during the Term to the extent that the Authority provides written notice to Lessee evidencing Authority’s reasonable belief (in reasonable detail) that the amounts of coverage required by this Exhibit F have become insufficient to adequately protect the interests of the Authority, then upon Xxxxxx’s receipt of such notice the Parties will commence a dialog in good faith to discuss a possible adjustment to the coverage amounts herein provided, to adequately restore the protection afforded to the interests of the Authority. Lessee shall deliver to Authority certificates of renewal at least thirty (30) days prior to the expiration date of each of the Policies. The company writing each of the Policies must possess a Financial Strength Rating of no less than "A-" and a Financ...
Pollution Legal Liability Insurance. 1. TENANT shall maintain Pollution Legal Liability insurance covering bodily injury, property damage, clean-up costs/remediation expenses and legal defense costs for new pollution conditions both on and off-site. If TENANT’S operations include loading, unloading or transportation of any waste or hazardous materials to or from the Premises, this insurance shall expressly include such activities and any non-owned facilities/sites utilized for the disposal of wastes or hazardous materials transported from the Premises. If the Premises contains any underground storage tanks, this insurance shall expressly include such tanks.
Pollution Legal Liability Insurance. Tenant shall obtain and maintain in full force and effect and at its own expense commencing not later than the date Tenant starts construction of the Leasehold Improvements and continuing thereafter during the entire Term of this Lease, an environmental insurance policy, naming Authority as an additional insured. The amount of such insurance shall be for not less than $1,000,000 per occurrence, with a self-insured retention amount or deductible of not more than $100,000. In the event Tenant’s use of the Premises or the Ramp materially changes from Tenant’s initial use and the Authority reasonably determines that such amount of coverage is no longer adequate, then the parties agree to negotiate in good faith an increase in the amount of coverage considering, without limitation, the cost and availability of the additional insurance, and the impact of the cost on Tenant. Authority currently maintains in force, and will continue to maintain in force for at least the first ten (10) years of this lease, an environmental insurance policy that covers Authority’s obligations pursuant to this lease and designates this Lease as an insured contract.
Pollution Legal Liability Insurance. Prior to or on the Effective Date, AIG Environmental shall issue the PLL Policy, which shall name Xxxxxxx-Xxxxxxx as First Named Insured, and which shall be in the form attached hereto as Exhibit I, or in such other form as agreed to by the parties. The PLL Policy shall name XXXXX as Additional Named Insured, and Stanford (and, if requested by Xxxxxxx-Xxxxxxx, any successors of Xxxxxxx-Xxxxxxx and their lenders and equity partners) as Additional Insured. The PLL Policy shall expressly provide for assignment of the First Named Insured's rights under the PLL Policy to its successors and assigns as otherwise described in this Paragraph 5.G. (whether or not this Agreement is in effect). The PLL Policy shall have a policy term of ten (10) years following the Effective Date, with a limit of ten million dollars ($10,000,000). In the event Xxxxxxx-Xxxxxxx or its successor or assign, elects to increase the limits of the PLL Policy, then XXXXX shall be named as an Additional Named Insured, up to the increased policy limits, but not to exceed Twenty Million Dollars ($20,000,000). Xxxxxxx-Xxxxxxx shall pre-pay for the PLL Policy in a lump sum. Proof of Insurance under this Paragraph 5.G. shall be provided by AIG Environmental on or before the Effective Date and thereafter upon request by any Named Insured, Additional Insured, or the DTSC. In the event that XXXXX causes the termination of the PLL Policy hereunder, Xxxxxxx-Xxxxxxx shall have the right, after thirty (30) days written notice to XXXXX, to obtain such coverage as is reasonably necessary to replace the coverage and to be reimbursed for the costs of such insurance directly from XXXXX.
