Liability and Property Damage. Lessee shall, at its sole cost and expense, including through self-insurance, maintain such liability and property damage insurance with respect to all Property and insurance against loss or damage to all Property of the types usually carried by corporations engaged in the same or a similar business, of similar size as Lessee, and owning similar property and which cover risks of the kind customarily insured against by such corporations and such other insurance as may be required by law or as may be reasonably requested by Brazos for purposes of assuring compliance with this ARTICLE IX, including, without limitation, the insurance described on the Schedule of Insurance attached hereto as EXHIBIT "A". Such insurance shall be written by financially sound and reputable companies which are legally qualified to issue such insurance. Lessee may, at its cost and expense, prosecute any claim against any insurer or contest any settlement proposed by any insurer, and Lessee may bring any such prosecution or contest in the name of Brazos, Lessee, or both, and Brazos will join therein at Lessee's request; PROVIDED that Lessee shall indemnify Brazos against any losses, costs or expenses (including reasonable attorneys' fees) which Brazos may incur in connection with such prosecution or contest. Notwithstanding the foregoing, Lessee at its sole option, may choose to self-insure in whole or in part (through deductibles or otherwise) for any liabilities or damages which are otherwise to be covered by insurance as described herein.
Liability and Property Damage. Bodily injury liability and property damage insurance in a single limit of not less than One Million Dollars ($1,000,000.00). All of such insurance shall be primary and noncontributing with any insurance that may be carried by the agent and shall be written by a responsible insurance company acceptable to agent. The adequacy of the coverage afforded by said liability and property damage insurance shall be subject to review by agent from time to time. Owner will also name the Agent as an additional insured.
Liability and Property Damage. COUNTY at its own cost and expense shall maintain liability for bodily injury and property damage insurance with a combined single limit of One Million Dollars ($1,000,000.00) per occurrence for the period covered by this Agreement. CITY understands that COUNTY has the right to self-insure up to Five Hundred Thousand Dollars ($500,000.00) of this coverage. Such coverage shall include, but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, use of owned and non-owned automobiles. Such insurance shall be with insurers and under forms of policies satisfactory in all respects to CITY and shall provide that notice must be given to CITY at least forty- five (45) days prior to cancellation of material change. The following endorsements shall be attached to the policy:
Liability and Property Damage. 16 Section 9.2. ADDITIONAL INSUREDS; NOTICE . . . . . . . . . . . . . . . . . . 17 Section 9.3. APPLICATION OF PROCEEDS OF LOSS OR SUBSTANTIAL TAKING . . . . . 17 Section 9.4. APPLICATION OF PROCEEDS OF OTHER THAN LOSS OR SUBSTANTIAL TAKING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 9.5. INVESTMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 9.6.
Liability and Property Damage. 17 Section 9.2. Additional Insureds; Notice...............................................................18 Section 9.3. Application of Proceeds of Loss or Substantial Taking.....................................18 Section 9.4. Application of Proceeds of other than Loss or Substantial Taking..........................18 Section 9.5. Investment................................................................................18 Section 9.6. Application in Default....................................................................19 Section 9.7. Certificates..............................................................................19 Section 9.8. Covenant to Keep Insurance in Force.......................................................19
Liability and Property Damage. Lessee shall at all times during the full term of this Lease and during the full term of any hold-overs or other rental agreements, carry and maintain at its own cost and expense, General Public Liability insurance against claims for personal injury or death and property damage occurring on the Leased Premises, such insurance to afford protection to both the Lessor and Lessee and is to be maintained in reasonable amounts, having regard to the circumstances, and the usual practice at the time of prudent owners and lessees of comparable facilities in the Lafayette Metropolitan Area, but in no event in amounts less than One Million and no/100 ($1,000,000.00) Dollars combined single limit for both bodily injury and property damage. Lessee shall deliver to Lessor evidence of such insurance and all renewals thereof. Lessor makes no representation that limits of liability specified to be carried by Lessee under the terms of the Lease are adequate to protect Lessee against Lessee’s undertaking under this Section, and in the event Lessee believes that any such insurance coverage called for under this Lease is insufficient, Lessee shall provide, at his or its own expense, such additional insurance as Lessee deems adequate. Each policy of insurance maintained under this Section 19(a) and each renewal and replacement thereof shall contain (i) a clause in a form acceptable to Lessor providing that each underwriter shall waive all of its rights to recovery, under legal or conventional subrogation or otherwise, against Lessor; (ii) a “breach of warranty” clause stating that the interest of Lessor, if any, including its officers, members, managers, employees, and agents will not be affected by the failure of Lessee or any insurer to comply with any of the warranties expressed in the printed conditions of the policy; (iii) a clause providing that Lessor shall not be liable to the insurance carrier for payment of any premiums for such insurance by reason of its being named an additional insured thereunder; (iv) a clause providing that coverage is primary and not in excess or contributory with any other insurance or any self-insurance maintained by Lessee; and (vi) a “broad form” endorsement that includes a contractual liability endorsement covering Lessee’s agreement to indemnify Lessor as set out in this lease.
Liability and Property Damage. 23 Section 9.02.
Liability and Property Damage. Diamond Shamrock R & M shall, at its sole cost and expense, maintain such liability and property damage insurance with respect to all Property and insurance against loss or damage to all Property of the types usually carried by corporations engaged in the same or a similar business, of similar size as Diamond Shamrock R & M, and owning similar property and which cover risks of the kind customarily insured against by such corporations and such other insurance as may be required by law or as may be reasonably requested by Brazos for purposes of assuring compliance with this Article IX, including, without limitation, the insurance described on the Schedule of Insurance attached hereto as Exhibit A. Such insurance shall be written by financially sound and reputable companies which are legally qualified to issue such insurance. Diamond Shamrock R & M may, at its cost and expense, prosecute any claim against any insurer or contest any settlement proposed by any insurer, and Diamond Shamrock R & M may bring any such prosecution or contest in the name of Brazxx, Xxamond Shamrock R & M, or both, and Brazxx
Liability and Property Damage. 25 Section 9.02. Additional Insureds; Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Section 9.04. Application of Proceeds of other than Loss or Substantial Taking . . . . . . . . . 26 Section 9.05. Investment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 9.06. Application in Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Section 9.07. Certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Section 9.08. Covenant to Keep Insurance in Force. . . . . . . . . . . . . . . . . . . . . . . . 28 ARTICLE X INDEMNITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Liability and Property Damage. Diamond Shamrock R & M shall, at its sole cost and expense, maintain such liability and property damage insurance with respect to all Facilities and insurance against loss or damage to all Facilities of the types usually carried by corporations engaged in the same or a similar business, of similar size as Diamond Shamrock R & M, and owning or operating similar equipment and property and which cover risks of the kind customarily insured against by such corporations and such other insurance as may be required by law or as may be reasonably requested by Brazos for purposes of assuring compliance with this Article IX, including, without limitation, the insurance described on the Schedule of Insurance attached hereto as Exhibit A. Such insurance shall be written by financially sound and reputable companies which are legally qualified to issue such insurance. Diamond Shamrock R & M may, at its cost and expense, prosecute any claim against any insurer or contest any settlement proposed by any insurer, and Diamond Shamrock R & M may bring any such prosecution or contest in the name of Brazos, Diamond Shamrock R & M, or both, and Brazos will join therein at Diamond Shamrock R & M's request, provided that Diamond Shamrock R & M shall indemnify Brazos against any losses, costs or expenses (including reasonable attorneys' fees) which Brazos may incur in connection with such prosecution or contest.
