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. 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. Notwithstanding anything to the contrary contained herein, Tenant shall have the right to self-insure part or all or any of said insurance coverages subject to the terms hereof so long as either Tenant or the self-insurance guarantor maintains a Tangible Net Worth (as defined below) of at least equal to One Hundred Million Dollars ($100,000,000.00) according to the most recent consolidated financial statement referred to below and such insurance conforms with the practice of large corporations maintaining systems of self-insurance. As used herein, “Tangible Net Worth” means the excess of total assets over total liabilities. In each case as determined in accordance with GAAP, excluding, however, from the determination of total assets, all assets which would be classified as intangible assets under GAAP including, without limitation, goodwill, licenses, patents, trademarks, trade names, copyrights, and franchises. If Tenant elects to self-insure, Tenant shall be responsible for any losses or liabilities that would have been assumed by the insurance companies which would have issued the insurance required of Tenant under this Lease and shall be bound by the waiver of subrogation provision set forth above in Section 21 below. In the event that Tenant elects to self-insure all or any part of any risk that would be insured under the policies and limits described above, and an event occurs where insurance proceeds would have been available but for the election to self-insure, Tenant shall make funds available, to the same extent that they would have been available had such insurance policy been carried, unless specifically provided to the contrary herein. Furthermore, the self-Insurance protection shall be equivalent to the coverage required above and Tenant shall not be relieved from its indemnification obligations under this Lease. If Tenant fails to comply with the requirements relating to self-insurance and insurance, Landlord may obtain such insurance and Tenant shall pay to Landlord promptly within thirty (30) days of receipt of written demand the premium cost thereof. It is expressly understood that the self-Insurance permitted above does not relieve Tenant of its statutory obligations under Workers’ Compensation laws.
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. 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. In lieu of the insurances described in Sections 10.3 through and including 10.5, and at Tenant's sole and absolute discretion, Tenant's insurance coverages as required under this Lease may be satisfied through a "self-insurance" structure, so long as Tenant (together with its affiliates) maintains a financial profile whereby their cumulative market capitalization is no less than Ten Billion Dollars ($10,000,000,000.00). Tenant shall be under no obligation to disclose or provide any evidence of, or information related to, the structure and limits of its elected self-insured or insured exposures. Tenant shall notify Landlord if Tenant elects to discontinue its self-insurance program.
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. So long as the tenant under this Lease is Xxxxxx Health Products Inc., Tenant shall be entitled to self-insure for business interruption losses and losses to Tenant's personal property, but in no event shall Tenant be permitted to self-insure for general liability risks for property insurance for the Premises. Any self-insurance shall be deemed to contain all of the terms and conditions applicable to such insurance as required in Article VIII including, without limitation, a full waiver of subrogation. If Tenant elects to so self-insure, then with respect to any claims which may result from incidents occurring during the Term, such self-insurance obligations shall survive the expiration or earlier termination of this Lease to the same extent as the insurance required would survive.
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]
