Common use of Risks to be Insured Clause in Contracts

Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgagee, (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrence), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagor.

Appears in 2 contracts

Samples: Sterling Chemical Inc, Sterling Chemical Inc

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Risks to be Insured. The Mortgagor Trustor will, at its expense, maintain or cause to be maintained with by insurance carriers approved by that meet the Mortgagee standards set forth below: (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Trustor, the Trustee and the Mortgagee Beneficiary from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor Trustor in accordance with generally accepted insurance practice and reasonably approved by the Mortgagee Beneficiary or, at the request of the MortgageeBeneficiary, as determined at the MortgagorTrustor's expense by the insurer or insurers or by an expert reasonably approved by the MortgageeBeneficiary, (b) comprehensive public liability, including bodily injury and product liability and property damage, damage insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily usually carried by Persons operating of comparable size engaged in the same or similar properties business and similarly situated in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating Persons of comparable size engaged in the same or a similar properties in business and similarly situated the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten five (105) days per any occurrenceannum), and (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Trustor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence. All such insurance shall be provided (i) by insurers authorized by Lloyds of London to underwrite such risks, (fii) all-risk, builders' risk insurance by insurers having an A.M. Best policyholders rating of not less than A- (except with respect to insurers providing workers compensation insurance, in which case such insurers shall have an A.M. Best policyholders rating of not less than B+) or (iii) by such other insurers as the Property during Beneficiary may approve in writing; PROVIDED, HOWEVER, that if the rating of any period during which there of the insurers providing insurance hereunder is any construction work being performeddowngraded, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses the Trustor shall only be required to obtain replacement insurance with an insurer satisfying the requirements hereof at the time available and (g) such other stated expiration of the insurance policy maintained with respect to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagorinsurer whose rating was so downgraded.

Appears in 1 contract

Samples: Leiner Health Products Inc

Risks to be Insured. The Mortgagor Grantor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee Grantee (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Grantor and the Mortgagee Grantee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor Grantor in accordance with generally accepted insurance practice and approved by the Mortgagee Grantee or, at the request of the MortgageeGrantee, as determined at the MortgagorGrantor's expense by the insurer or insurers or by an expert approved by the MortgageeGrantee, (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrenceoccurence), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Grantor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee Grantee from time to time may reasonably require by written notice to the MortgagorGrantor.

Appears in 1 contract

Samples: Assignment and Security Agreement (Sterling Chemical Inc)

Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with insurance carriers approved by policies covering the Mortgagee (a) insurance with respect to Leased Property and ---------------------- Lessee's Personal Property shall insure against the Improvements against loss following risks: 13.2.1 Loss or damage by fire, lightning vandalism and such other risks malicious mischief, earthquake, extended coverage perils commonly known as are "Special Risk," and all physical loss perils normally included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgagee, (b) comprehensive public liabilitysuch Special Risk insurance, including bodily injury and product liability and property damagebut not limited to sprinkler leakage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars one hundred percent ($20,000,000100%) of Replacement Cost (provided that Lessor shall have the right from time to time, but no more frequently than once in any period of three (3) consecutive Lease Years, to have Replacement Cost reasonably redetermined by the fire insurance company then carrying the largest amount of fire insurance on the Leased Property (Lessee hereby agreeing to pay the fee, if any, for such insurer), which determination shall be final and binding on the parties hereto, and upon such determination Lessee immediately shall increase, but not decrease, the amount of the insurance carried pursuant to this Section 13.2.1 to the amount so determined, subject to the approval of a Facility Mortgagee; 13.2.2 Broad form comprehensive boiler and machinery insurance on a blanket repair and replace basis, with limits for each accident in an amount not less than one hundred percent (d100%) business interruption of Replacement Cost; 13.2.3 Loss of rental under a rental value insurance policy covering risk of loss during reconstruction necessitated by the occurrence of any of the hazards described in Sections 13.2.1 or 13.2.2 (including added expense coverage) against all insurable perils but in no event for a period of not fewer less than twelve (12) months months) in an amount sufficient to prevent Lessor and Lessee from becoming a co-insurer; 13.2.4 Claims for bodily injury (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrenceincluding resulting death), personal injury or property damage under a policy of commercial general public liability insurance with a combined single limit per occurrence in respect of bodily injury and death and property damage of One Million Dollars (e$1,000,000.00), which insurance shall insure Lessee's contractual liability to Lessor under the indemnity provisions of this Lease; 13.2.5 Claims arising out of malpractice in an amount not less than Two Million Dollars ($2,000,000.00) worker's compensation for each person and for each occurrence and, if written on a "claims-made" basis, Lessee also shall provide continuous liability coverage for claims arising during the Term either by obtaining an endorsement providing for an extended reporting period reasonably acceptable to Lessor in the event such policy is canceled or not renewed for any reason whatsoever, or by obtaining "tail" insurance coverage converting the policies to "occurrence" basis policies providing coverage for a period of at least two (2) years beyond the expiration of the Term; 13.2.6 Flood (with respect to any portions of the Leased Property located in whole or in part within a designated flood plain area) and such other hazards and in such amounts as may be customary for comparable properties in the area; 13.2.7 During such time as Lessee is constructing any improvements, (a) a completed operations endorsement to the full extent required by applicable law for commercial general liability and property damage insurance policies referred to above, (b) builder's risk insurance, completed value form, covering all employees physical loss, in an amount satisfactory to Lessor, and (c) such other insurance, in such amounts, as Lessor deems necessary to protect Lessor's interest in the Leased Property from any act or omission of Lessee's contractors or subcontractors, and certificates of insurance evidencing such coverage, in form satisfactory to Lessor, shall be presented to Lessor prior to the Mortgagor engaged in any work on or about the Property and employer's commencement of construction of such improvements; 13.2.8 Primary automobile liability insurance with limits of One Million Dollars ($1,000,000.00) per occurrence each for owned and non-owned and hired vehicles; 13.2.9 Loss or damage commonly covered by blanket crime insurance including dishonesty, loss of money orders or paper currency and depositor's forgery, with a limit of not less than Ten Million Five Hundred Thousand Dollars ($10,000,000) for each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagor.500,000.00). 13.3

Appears in 1 contract

Samples: Operations Transfer Agreement (Emeritus Corp\wa\)

Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgagee, (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrenceoccurrence or, if an aggregate deductible not exceeding ten (10) days per occurrence is not then available, the lowest aggregate deductible then available), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagor.

Appears in 1 contract

Samples: Sterling Chemical Inc

Risks to be Insured. The Mortgagor Trustor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee Beneficiary: (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Trustor, the Trustee and the Mortgagee Beneficiary from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor Trustor in accordance with generally accepted insurance practice and approved by the Mortgagee Beneficiary or, at the request of the MortgageeBeneficiary, as determined at the MortgagorTrustor's expense by the insurer or insurers or by an expert approved by the MortgageeBeneficiary, (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrenceoccurrence or, if an aggregate deductible not exceeding ten (10) days per occurrence is not then available, the lowest aggregate deductible then available), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Trustor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for for. each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available available, and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee Beneficiary from time to time may reasonably require by written notice to the MortgagorTrustor.

Appears in 1 contract

Samples: Security Agreement and Fixture (Sterling Chemical Inc)

Risks to be Insured. The Mortgagor will, at its expense, ------------------- maintain or cause to be maintained with insurance carriers approved by the Mortgagee (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and approved by the Mortgagee or, at upon the request of the Mortgagee, Mortgagee as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgagee, (b) comprehensive public commercial general liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsementsendorsement, applicable to the Property in such amounts as are customarily usually carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) 3,000,000 per person for bodily injury liability, a limit of not less than $5,000,000 per occurrence for bodily injury liability and $500,000 for all claims for property damage liability with respect to any one occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000)500,000, (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrence), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) 3,000,000 for each occurrence, (fe) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available available, (f) business interruption insurance in an amount reasonably satisfactory to the Mortgagee, and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagor.

Appears in 1 contract

Samples: Credit Agreement (Aristotle Corp)

Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with by insurance carriers approved by that meet the Mortgagee standards set forth below: (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and reasonably approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert reasonably approved by the Mortgagee, (b) comprehensive public liability, including bodily injury and product liability and property damage, damage insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily usually carried by Persons operating of comparable size engaged in the same or a similar properties business and similarly situated in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating Persons of comparable size engaged in the same or a similar properties business and similarly situated in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten five (105) days per any occurrenceannum), and (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence. All such insurance shall be provided (i) by insurers authorized by Lloyds of London to underwrite such risks, (fii) all-risk, builders' risk insurance by insurers having an A.M. Best policyholders rating of not less than A-(except with respect to the Property during any period during insurers providing workers compensation insurance, in which there is any construction work being performed, against loss case such insurers shall have an A.M. Best policyholders rating of not less than B+) or damage (iii) by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards insurers as the Mortgagee from time may approve in writing; PROVIDED, HOWEVER, that if the rating of any of the insurers providing insurance hereunder is downgraded, the Mortgagor shall only be required to time may reasonably require by written notice to obtain replacement insurance with an insurer satisfying the Mortgagorrequirements hereof at the stated expiration of the insurance policy maintained with the insurer whose rating was so downgraded.

Appears in 1 contract

Samples: Leiner Health Products Inc

Risks to be Insured. The Mortgagor Trustor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee Beneficiary: (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Trustor, the Trustee and the Mortgagee Beneficiary from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor Trustor in accordance with generally accepted insurance practice and approved by the Mortgagee Beneficiary or, at the request of the MortgageeBeneficiary, as determined at the MortgagorTrustor's expense by the insurer or insurers or by an expert approved by the MortgageeBeneficiary, (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrence), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Trustor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available available, and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee Beneficiary from time to time may reasonably require by written notice to the MortgagorTrustor.

Appears in 1 contract

Samples: Security Agreement and Fixture (Sterling Chemical Inc)

Risks to be Insured. The Mortgagor Grantor will, at its expense, ------------------- maintain or cause to be maintained with insurance carriers approved by the Mortgagee Beneficiary (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Grantor and the Mortgagee Beneficiary from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor Grantor in accordance with generally accepted insurance practice and approved by the Mortgagee Beneficiary or, at upon the request of the Mortgagee, Beneficiary as determined at the MortgagorGrantor's expense by the insurer or insurers or by an expert approved by the MortgageeBeneficiary, (b) comprehensive public commercial general liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsementsendorsement, applicable to the Property in such amounts as are customarily usually carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) 3,000,000 per person for bodily injury liability, a limit of not less than $5,000,000 per occurrence for bodily injury liability and $500,000 for all claims for property damage liability with respect to any one occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000)500,000, (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrence), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Grantor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) 3,000,000 for each occurrence, (fe) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available available, (f) business interruption insurance in an amount reasonably satisfactory to the Beneficiary, and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee Beneficiary from time to time may reasonably require by written notice to the MortgagorGrantor.

Appears in 1 contract

Samples: Aristotle Corp

Risks to be Insured. The Mortgagor Trustor will, at its ------------------- expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee Beneficiary (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Trustor and the Mortgagee Beneficiary from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor Trustor in accordance with generally accepted insurance practice and approved by the Mortgagee Beneficiary or, at upon the request of the Mortgagee, Beneficiary as determined at the MortgagorTrustor's expense by the insurer or insurers or by an expert approved by the MortgageeBeneficiary, (b) comprehensive public commercial general liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsementsendorsement, applicable to the Property in such amounts as are customarily usually carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) 3,000,000 per person for bodily injury liability, a limit of not less than $5,000,000 per occurrence for bodily injury liability and $500,000 for all claims for property damage liability with respect to any one occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000)500,000, (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrence), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Trustor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) 3,000,000 for each occurrence, (fe) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available available, (f) business interruption insurance in an amount reasonably satisfactory to the Beneficiary, and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee Beneficiary from time to time may reasonably require by written notice to the MortgagorTrustor.

Appears in 1 contract

Samples: Credit Agreement (Aristotle Corp)

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Risks to be Insured. The Mortgagor Trustor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee Beneficiary: (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Trustor, the Trustee and the Mortgagee Beneficiary from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor Trustor in accordance with generally accepted insurance practice and approved by the Mortgagee Beneficiary or, at the request of the MortgageeBeneficiary, as determined at the MortgagorTrustor's expense by the insurer or insurers or by an expert approved by the MortgageeBeneficiary, (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrenceoccurrence or, if an aggregate deductible not exceeding ten (10) days per occurrence is not then available, the lowest deductible then available), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Trustor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for for. each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available available, and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee Beneficiary from time to time may reasonably require by written notice to the MortgagorTrustor.

Appears in 1 contract

Samples: Security Agreement and Fixture (Sterling Chemical Inc)

Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with by insurance carriers approved by that meet the Mortgagee standards set forth below: (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and reasonably approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert reasonably approved by the Mortgagee, (b) comprehensive public liability, including bodily injury and product liability and property damage, damage insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily usually carried by Persons operating of comparable size engaged in the same or a similar properties business and similarly situated in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating Persons of comparable size engaged in the same or a similar properties business and similarly situated in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten five (105) days per any occurrenceannum), and (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence. All such insurance shall be provided (i) by insurers authorized by Lloyds of London to underwrite such risks, (fii) all-risk, builders' risk insurance by insurers having an A.M. Best policyholders rating of not less than A-(except with respect to the Property during any period during insurers providing workers compensation insurance, in which there is any construction work being performed, against loss case such insurers shall have an A.M. Best policyholders rating of not less than B+) or damage (iii) by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards insurers as the Mortgagee from time may approve in writing; PROVIDED, that if the rating of any of the insurers providing insurance hereunder is downgraded, the Mortgagor shall only be required to time may reasonably require by written notice to obtain replacement insurance with an insurer satisfying the Mortgagorrequirements hereof at the stated expiration of the insurance policy maintained with the insurer whose rating was so downgraded.

Appears in 1 contract

Samples: Leiner Health Products Inc

Risks to be Insured. The Mortgagor Trustor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee maintained: (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Trustor and the Mortgagee Beneficiary from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual accrual replacement value) of the ImprovementsImprovements (subject to commercially reasonable deductibles), as determined by the Mortgagor Trustor in accordance with generally accepted insurance practice and approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgageepractice, (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property Trust Premises in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) coverage against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrencedeductible), (e) worker's ’s compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Trustor engaged in any work on or about the Property and Property, (f) employer's ’s liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence, and (fg) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (gh) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee Beneficiary from time to time may my reasonably require by written notice to the Mortgagor.Trustor and is then being required by lenders of facilities similar to the Trust Premises, which facilities are located in a similar geographic area to the Trust Premises. Notwithstanding the foregoing, to the extent any insurance required herein is no longer available Trustor shall not be in default of its obligations hereunder if it fails to obtain such unavailable insurance. In addition, to the extent it becomes commercially unreasonable to maintain any such insurance (which shall be true if such insurance is not being renewed or obtained by substantially all owners of facilities similar to the Trust Premises which are located in a similar geographic area to the Trust Premises), then Trustor shall not be required to maintain such insurance until the time such insurance is available on commercially reasonable terms

Appears in 1 contract

Samples: Security Agreement (Sterling Chemicals Inc)

Risks to be Insured. The Mortgagor Trustor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee maintained: (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Trustor and the Mortgagee Beneficiary from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual accrual replacement value) of the ImprovementsImprovements (subject to commercially reasonable deductibles), as determined by the Mortgagor Trustor in accordance with generally accepted insurance practice and approved by the Mortgagee orBeneficiary (provided that: (x) Beneficiary's approval shall be deemed given if Beneficiary fails to respond within five (5) business days after receipt of a request for Beneficiary's approval clearly stating that Beneficiary's failure to respond within the aforesaid period shall be deemed Beneficiary's approval; and (y) Beneficiary, at by its acceptance of this Deed of Trust, approves the request amount of insurance maintained by Trustor on the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgageedate hereof pursuant to this clause (a)), (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property Trust Premises in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) coverage against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrencedeductible), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Trustor engaged in any work on or about the Property and Property, (f) employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence, and (fg) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (gh) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee Beneficiary from time to time may my reasonably require by written notice to the MortgagorTrustor and is then being required by lenders of facilities similar to the Trust Premises, which facilities are located in a similar geographic area to the Trust Premises. Notwithstanding the foregoing, to the extent any insurance required herein is no longer available Trustor shall not be in default of its obligations hereunder if it fails to obtain such unavailable insurance. In addition, to the extent it becomes commercially unreasonable to maintain any such insurance (which shall be true if such insurance is: (i) not being renewed or obtained by substantially all owners of facilities similar to the Trust Premises which are located in a similar geographic area to the Trust Premises; and (ii) the Board of Directors of Trustor resolves that such insurance is not available on commercially reasonable terms) then Trustor shall not be required to maintain such insurance until the earlier of: (A) the time such insurance is available on commercially reasonable terms; or (B) one (1) year from the date of the resolution of the Board of Directors of Trustor (subject to the extension of such waiver if the Board of Directors of Trustor issues a new resolution confirming the unavailability of such insurance on commercially reasonable terms).

Appears in 1 contract

Samples: Sterling Chemical Inc

Risks to be Insured. The Mortgagor Grantor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee Grantee (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor Grantor and the Mortgagee Grantee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor Grantor in accordance with generally accepted insurance practice and approved by the Mortgagee Grantee or, at the request of the MortgageeGrantee, as determined at the MortgagorGrantor's expense by the insurer or insurers or by an expert approved by the MortgageeGrantee, (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrence), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor Grantor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagor.and

Appears in 1 contract

Samples: Assignment and Security Agreement (Sterling Chemical Inc)

Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with insurance carriers approved by the Mortgagee (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert approved by the Mortgagee, (b) comprehensive public liability, including bodily injury and product liability and property damage, insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily carried by Persons operating similar properties in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating similar properties in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten (10) days per any occurrenceoccurrence or if an aggregate deductible not exceeding ten (10) days per occurrence is not then available, the lowest aggregate deductible then available), (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor engaged in any work on or about the Property and employer's liability insurance with a limit of I-1-B-13 74 not less than Ten Million Dollars ($10,000,000) for each occurrence, (f) all-risk, builders' risk insurance with respect to the Property during any period during which there is any construction work being performed, against loss or damage by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards as the Mortgagee from time to time may reasonably require by written notice to the Mortgagor.

Appears in 1 contract

Samples: Sterling Chemical Inc

Risks to be Insured. The Mortgagor will, at its expense, maintain or cause to be maintained with by insurance carriers approved by that meet the Mortgagee standards set forth below: (a) insurance with respect to the Improvements against loss or damage by fire, lightning and such other risks as are included in standard "all-risk" policies, in amounts sufficient to prevent the Mortgagor and the Mortgagee from becoming a co-insurer of any partial loss under the applicable policies, but in any event in amounts not less than the then full insurable value (actual replacement value) of the Improvements, as determined by the Mortgagor in accordance with generally accepted insurance practice and reasonably approved by the Mortgagee or, at the request of the Mortgagee, as determined at the Mortgagor's expense by the insurer or insurers or by an expert reasonably approved by the Mortgagee, (b) comprehensive public liability, including bodily injury and product liability and property damage, damage insurance, with personal injury endorsements, applicable to the Property in such amounts as are customarily usually carried by Persons operating of comparable size engaged in the same or a similar properties business and similarly situated in the same general locality, but in any event with a combined single limit of not less than Twenty Million Dollars ($20,000,000) per occurrence, (c) explosion insurance in respect of any steam and pressure boilers and similar apparatus located in the Property in such amounts as are usually carried by persons operating Persons of comparable size engaged in the same or a similar properties business and similarly situated in the same general locality, but in any event in an amount not less than Twenty Million Dollars ($20,000,000), (d) business interruption insurance (including added expense coverage) against all insurable perils for a period of not fewer than twelve (12) months (subject to a reasonable aggregate deductible not exceeding ten five (105) days per any occurrenceannum), and (e) worker's compensation insurance to the full extent required by applicable law for all employees of the Mortgagor engaged in any work on or about the Property and employer's liability insurance with a limit of not less than Ten Million Dollars ($10,000,000) for each occurrence. All such insurance shall be provided (i) by insurers authorized by Lloyds of London to underwrite such risks, (fii) all-risk, builders' risk insurance by insurers having an A.M. Best policyholders rating of not less than A-(except with respect to the Property during any period during insurers providing workers compensation insurance, in which there is any construction work being performedcase such insurers shall have an A.M. Best policyholders rating of not less than B+), against loss or damage (iii) by fire or other risks, including vandalism, malicious mischief and sprinkler leakage, as are included in so-called "extended coverage" clauses at the time available and (g) such other insurance with respect to the Property in such amounts and against such insurable hazards insurers as the Mortgagee from time may approve in writing; PROVIDED that if the rating of any of the insurers providing insurance hereunder is downgraded, the Mortgagor shall only be required to time may reasonably require by written notice to obtain replacement insurance with an insurer satisfying the Mortgagorrequirements hereof at the stated expiration of the insurance policy maintained with the insurer whose rating was so downgraded.

Appears in 1 contract

Samples: Leiner Health Products Inc

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