Tenant's Self-Insurance. Landlord and Xxxxxx acknowledge and agree that Xxxxxx is self-insured and that this Lease does not require Tenant to procure or maintain insurance of any kind for payment of damages to Landlord or to any other party. Notwithstanding any other provision of this Lease, but subject to the provisions of § 13.1, the provisions of X. X. x. 258 and any successor statute govern Tenant's liability for injuries to persons or property.
Tenant's Self-Insurance. In lieu of third-party insurance, Tenant shall have the right to self-insure all of the insurance Tenant is required to carry pursuant to Section 14.1, subject to Applicable Laws. For the avoidance of doubt, the term “self-insure” shall mean Tenant is itself acting as though it were the insurance company providing the insurance required under the provisions of this Lease and Tenant shall pay any amounts due in lieu of insurance proceeds because of self-insurance, which amounts shall be treated as insurance proceeds for all purposes under this Lease. If an event or claim occurs for which a defense and/or coverage would have been available from the insurance company issuing insurance for which Tenant is required to maintain pursuant to Section 14.1 hereof and Tenant has self-insured with respect to such required insurance, Tenant shall, to the extent required under this Lease, (i) undertake the defense of any such claim, including a defense of Landlord at Tenant’s sole cost and expense; and (ii) use its own funds to pay any claim or replace any property or otherwise provide the funding that would have been available from insurance proceeds but for such election by Tenant to self-insure. Notwithstanding the foregoing, the right to self-insure described in this Section shall only apply so long as Tenant is the Original Tenant and wholly owned by PG&E Corporation, a company that is publicly traded on the NYSE or, subject to obtaining Landlord’s reasonable approval, Tenant is a Permitted Transferee that maintains a self-insurance program similar to the self-insurance program of Original Tenant with similar regulatory recovery treatment.
Tenant's Self-Insurance. Tenant (but not any successor or assignee of Tenant, without Landlord's prior written consent, which consent Landlord may withhold in its sole and absolute discretion) shall have the right to self-insure for up to a maximum amount of $1,000,000, including the deductible, any of the insurance required to be carried by Tenant under this Section 11 if and so long as (i) the net worth of Tenant is not less than Two Hundred Million Dollars ($200,000,000), and (ii) the current assets of Tenant are not less than Fifty Million Dollars ($50,000,000), as shown by Tenant's separate, unconsolidated audited financial statements delivered to Landlord within thirty (30) days after written request from time to time while such self-insurance is in effect (which audited financial statements shall have been issued not more than fifteen (15) months prior to the applicable date). Whenever Tenant elects to self-insure pursuant to this Section 11(b), Tenant shall, for all purposes of this Lease (including Section 11(a) above), be deemed to be carrying the insurance required to be carried by Tenant under this Section 11. Tenant shall notify Landlord in writing when Tenant elects to self-insure pursuant to this Section 11(b) and, if Tenant shall have made such election, Tenant shall notify Landlord when Tenant is not self-insuring at any time thereafter. In addition, during any time that Tenant elects to self-insure as permitted hereunder with respect to the liability insurance required to be carried pursuant to Section 11(a) of this Lease, a third party claims administrator shall perform the claims management and loss adjustment of all claims within the scope of such coverage but for self-insurance. (c)
Tenant's Self-Insurance. At Tenant’s option, for so long as (i) Akamai Technologies, Inc. is the Tenant under this Lease, (ii) no Event of Default (as defined in this Lease) then exists, and (iii) Tenant satisfies the Net Worth Requirement defined below, Tenant may maintain self-insured retentions larger than those permitted by Section 13.6 above and may self-insure for some or all of the insurance required by this Article. Any undertaking by Tenant to maintain larger self-insured retentions or to self-insure pursuant to this Section shall not relieve Tenant from any of Tenant’s other obligations under this Article, nor shall it serve to adversely affect Landlord. The rights and obligations of Landlord shall remain the same as if Tenant had obtained and maintained separate insurance from an independent institutional insurer of recognized responsibility for the coverages as provided herein, including the application of the waivers and releases in Section 13.13 above. Tenant shall be liable as a self-insurer for the same coverages and the same amount of insurance as would Tenant’s insurer if Tenant
Tenant's Self-Insurance. Landlord acknowledges that Xxxxxx maintains a program of self-insurance and agrees that Tenant shall not be required to carry any insurance with respect to this Lease. Tenant assumes the risk of damage to any of Tenant’s Personal Property, except for damage caused by Landlord or its Agents.
Tenant's Self-Insurance. Tenant may provide self-insurance in lieu of the insurance required in Section 21.A., whether by the establishment of an insurance fund or reserve to be held and applied to make good losses from casualties, or otherwise, which conforms to the practice of large corporations maintaining systems of self-insurance. As a condition to establishing a self-insurance plan in lieu of the insurance provided in Section 21.A., Tenant shall deliver to Landlord the following (collectively, the "Self-Insurance Documents"): (1) a certificate of ------------------------ an independent actuary or other independent, qualified person reasonably acceptable to Landlord stating that the self-insurance plan is adequate to provide the protection of the insurance policies described in Section 21.A.; (2) a balance sheet as of the end of the most recent quarter of the then-current fiscal year of Tenant (or, if the first quarter in such fiscal year has not expired, the last quarter of the previous fiscal year), prepared by a national firm of certified public accountants (reasonably acceptable to Landlord) in accordance with generally accepted accounting principles consistently applied ("GAAP"), accompanied by such accounting firm's opinion that the Tangible Net ---- Worth of Tenant exceeds $100,000,000; and (3) a letter (a "Compliance Letter") ----------------- certifying that, to Tenant's best knowledge, such information is true and correct in all material respects as of the date stated, there has been no material adverse change in the financial condition of Tenant since such date, and there are no lawsuits pending (individually or in the aggregate) which, if
Tenant's Self-Insurance. At its sole option, Tenant may satisfy Tenant’s obligations under the insurance requirements of this Article by a combination of commercial insurance, formal risk pooling under California statutory provisions, and/or a self-funded loss reserve in whatever proportions are deemed appropriate by the Tenant’s professional risk management personnel. Tenant shall furnish Landlord with a certificate or other written evidence of Tenant’s election to provide all or part of Tenant’s coverage under a risk pooling, risk retention, or self-insurance program or any combination thereof.
Tenant's Self-Insurance. Notwithstanding anything herein to the ----------------------- contrary, upon ninety (90) days prior written notice to Landlord, Tenant may from time to time self-insure with respect to any or all of the risks required to be insured against by Tenant under this Lease Agreement; subject to its continued waiver of subrogation under Section 8.6 hereinabove and provided that Tenant provides satisfactory evidence to Landlord that Tenant has a net worth in excess of $100,000,000.00. In connection therewith, Tenant shall be required to deliver to Landlord, from time to time, at Landlord's request, updated financial information of Tenant certifying that Tenant has a net worth in excess of $100,000,000.00 (the "Net Worth Certification"). The mere purchase and existence of insurance by the Tenant, or the Tenant's decision to self-insure does not reduce or relieve the Tenant from liability incurred and/or assumed within the scope of this Lease.
Tenant's Self-Insurance. So long as Tenant maintains a Tangible Net Worth (as defined below) in excess of Five Hundred Million Dollars ($500,000,000.00), Tenant may provide self-insurance in lieu of the insurance required in Sections 10.3 and 10.5 above, whether 804296.08/LAH4321-047/10-7-08/nng/law -00- XXXXX XXXX XXXXX[Xxxxx Xxxx Lease]
Tenant's Self-Insurance. Landlord acknowledges that Tenant maintains a program of self-insurance and agrees that Tenant shall not be required to carry any insurance with respect to this Lease. Tenant assumes the risk of damage to any of Tenant’s Personal Property, except for damage caused by Landlord or its Agents. Tenant is presently self-insured in the amount of $500,000 each occurrence giving rise to personal injury and property damage liabilities for which Tenant could be held responsible. In addition, Tenant presently has in force excess insurance in the amount of $1,500,000 per occurrence with an annual aggregate of $10,000,000. Said self-insurance and excess insurance provide coverage for personal injury and property damage liabilities arising out of the acts and/or omissions of Tenant, its officers, agents, contractors and employees, while on the Premises. Tenant upon request of Landlord shall furnish Landlord with a Certificate of Insurance that shall provide that Landlord would receive ten (10) days' prior notice of cancellation, change in scope or modification in coverage of such coverage. Nothing herein shall be interpreted to require Tenant or its insurer to provide a defense for, to provide insurance for, or to indemnify Landlord except as may be otherwise required by law or this Lease.
