Clauses
Insurance

Insurance

Insurance clause is a contractual clause that requires one or both parties to maintain specific insurance coverage to mitigate risks associated with the contract. It addresses liabilities like property damage, personal injury, or business interruption. This clause shifts financial risk to insurers, ensuring protection and reducing disputes over liability.

Drafting Tip

Mandate the types and amounts of insurance required. Specify who must hold the policies and the evidence required to prove coverage.

Source Quarterly Financial Report (Form 10-Q) [FULL HOUSE RESORTS INC]
(2020-05-13) - DE - Hotels & Motels

Maintain fire and other risk insurance, public liability insurance, and such other insurance as Lender may require with respect to Borrower's properties and operations, in form, amounts, coverages and with insurance companies acceptable to Lender.
Source Limited Liability Company Agreement [TIMBERLINE RESOURCES CORP]
(2020-01-10) - DE - Gold and Silver Ores

The Management Committee shall obtain insurance for the benefit of the Company, the Members and the Management Committee as provided in Exhibit F or as may otherwise be determined from time to time by the Management Committee.
Source Sublease Agreement [RAMACO RESOURCES, INC.]
(2016-12-12) - DE - Silver Ores

Sublessee shall provide insurance coverage as specified in Exhibit A, in accordance with the provisions of the Base Lease.
Source Sublease Agreement [DATADOG, INC.]
(2019-08-23) - DE - Services-Prepackaged Software

Subtenant, at Subtenant's sole expense, shall maintain for the benefit of Sublandlord and Main Landlord and its managing agent, if any, and any Superior Lessors and Superior Mortgagees whose names and addresses were or are furnished to Subtenant such policies of insurance (and in such form) with respect to the Subleased Premises set forth in Exhibit 'D' hereof, which policies shall be reasonably satisfactory to Sublandlord as to coverage and insurer (which shall be licensed to do business in the State of New York). At all times during the term hereof, Sublandlord shall maintain in full force and effect all policies of insurance with respect to the Subleased Premises required to be maintained by it under the Main Lease.
Source Merger Agreement [VENCOR INC]
(2017-12-21) - DE - Services-Nursing & Personal Care Facilities

Except as would not reasonably be expected to have, individually or in the aggregate, a Company Material Adverse Effect, (i) as of the date of this Agreement, all insurance policies (including fidelity bonds and other similar instruments) ("Policies") with respect to the business and assets of the Company and its Subsidiaries are in full force and effect, all Policies (or other insurance policies providing substantially similar insurance coverage)
Source Preferred Share Purchase Agreement [17 EDUCATION & TECHNOLOGY GROUP INC.]
(2020-10-20) - E9 - Services-Educational Services

Each Group Company has obtained and maintains the insurance coverage of the same types and at the same coverage levels as other similarly situated companies in the same industry in which each such Group Company operates its business or possess its properties and assets. No Group Company has done or omitted to do or suffered anything to be done or not to be done other than any acts in the ordinary course of business which has or would render any policies of insurance taken out by it or by any other person in relation to any such Group Company's assets void or voidable or which would result in an increase in the rate of premiums on the said policies and there are no claims outstanding and,
Source Termination Agreement [4FRONT VENTURES CORP.]
(2021-04-07) - Medicinal Chemicals & Botanical Products

True and complete copies of all Insurance Policies currently owned or maintained by the Company and the RE Company have been made available to the Buyer and are listed on Schedule 3.23. All premiums due to date under such Insurance Policies have been paid and will be paid through the Closing Date, no breach by the Company exists thereunder and no material term of any such policy is void or voidable. Neither the Company nor the RE Company has received any notice of cancellation with respect to any such current Insurance Policy and the Seller Parties have no Knowledge of any threatened termination of, or premium increase with respect to, any of the Insurance Policies. There are no claims that are pending under any of the Insurance Policies, and no other Person is a named or additional insured under any such Insurance Policies.
Source Termination Agreement [4FRONT VENTURES CORP.]
(2021-04-07) - Medicinal Chemicals & Botanical Products

Schedule 7(j) sets forth a list of all insurance policies currently owned or maintained in connection with the Business. All premiums due to date under such policies have been paid and will be paid through the Closing Date and no material term of any such policy is void or voidable. None of the 4Front Parties has received any written notice of cancellation with respect to any such insurance policies and the 4Front Parties have no Knowledge of any threatened termination of, or premium increase with respect to, any of the insurance policies. There are no Claims that are pending under any of the insurance policies.
Source Office Lease [2U, INC.]
(2017-02-24) - DE - Services-Prepackaged Software

Until the Conveyance Date, the Outparcel Owners shall maintain commercial general liability insurance for personal injury, death and property damage liability in amounts not less than $2,000,000.00 per occurrence, $2,000,000.00 aggregate and $3,000
Source Office Lease Agreement [2U, INC.]
(2018-02-27) - DE - Services-Prepackaged Software

Tenant shall maintain commercial general liability insurance, property insurance, workers' compensation insurance, and automobile liability insurance as specified in Paragraph 15.a. of this Lease. Landlord reserves the right to increase the liability coverage limits and require additional insurance as deemed necessary.
Source Office Lease [2U, INC.]
(2017-02-24) - DE - Services-Prepackaged Software

Until the Conveyance Date, the Outparcel Owners shall maintain commercial general liability insurance for personal injury, death and property damage liability in amounts not less than $2,000,000.00 per occurrence, $2,000,000.00 aggregate and $3,000
Source Series A Preferred Shares Subscription Agreement [58.COM INC.]
(2016-05-13) - E9 - Services-Computer Programming, Data Processing, Etc.

Each Group Company has in full force and effect fire, casualty and other insurance policies, with extended coverage, sufficient in amount (subject to reasonable deductibles) to allow it to reasonably replace any of its properties and material assets that might be damaged or destroyed and in amounts customary for companies similarly situated. The Company has delivered true, correct and complete copies of the insurance policies maintained by each Group Company as well as all material claims made thereunder in the past three years. There is no material claim pending thereunder as to which coverage has been questioned, denied or disputed. All premiums due and payable under all such policies and bonds have been timely paid, and each Group Company is otherwise in compliance in all material respects with the terms of such policies and bonds. All such policies and bonds are in full force and effect.
Source Commercial Supply Manufacturing Services Agreement [ACLARIS THERAPEUTICS, INC.]
(2018-05-08) - DE - Pharmaceutical Preparations

As of the Effective Date, Aclaris maintains a commercial general liability insurance policy with limits of [***] per occurrence and [***] annual aggregate, a product liability insurance policy with limits of [***] per occurrence and [***] annual aggregate and an umbrella liability insurance policy with limits of [***] per occurrence and [***] annual aggregate. James Alexander shall maintain a commercial general liability insurance policy covering product liability and personal injury damages with limits of [***] per occurrence and [***] annual aggregate. The policies of each Party shall remain in effect throughout the Term of this Agreement and shall not be canceled or subject to reduction or any other modification without thirty (30) calendar days prior written notice to the other Party. Both Parties shall also carry and maintain in force at all times relevant hereto all other insurance required by law or statute.
Source Investment Advisory Agreement [ADVISORS' INNER CIRCLE FUND III]
(2021-01-28) - DE -

The Adviser maintains errors and omissions insurance coverage in an appropriate amount and shall provide prior written notice to the Trust: (i) of any material changes in the Adviser's insurance policies or insurance coverage; or (ii) if any material claims will be made on the Adviser's insurance policies. Furthermore, the Adviser, upon reasonable request, shall provide the Trust with any information that the Trust reasonably may require concerning the amount of or scope of said insurance.
Source Supply Agreement [AGRIFY CORP]
(2021-01-13) - NV - Agricultural Services

During the Term of this Agreement, each party shall, at its expense, at a minimum, maintain the following insurance coverage on a primary basis with the limits of liability indicated and provide the other party with an insurance certificate showing such coverage. Type of Coverage Amount of Coverage Workers' Compensation Statutory Employers' Liability $[****] Commercial / General Liability Bodily Injury / Property $[****] each occurrence Damages / Personal Injury $[****] aggregate Automobile Liability (if services being provided) Bodily Injury $[****] each person, each accident Property Damage $[****] each person, each accident Umbrella Liability $[****] per occurrence/aggregate
Source Master Lease Agreement [AMPCO PITTSBURGH CORP]
(2018-11-09) - PA - Pumps & Pumping Equipment

Lessee shall maintain insurance coverage for each of the Properties, including property insurance, liability insurance, and workers' compensation insurance, in amounts and types specified by Lessor. The insurance policies shall include coverage for all risks of direct physical loss, liability arising from the ownership and operation of the Properties, and coverage for workers' compensation claims. Lessee shall provide evidence of insurance coverage to Lessor.
Source Master Service Agreement [APTORUM GROUP LTD]
(2019-07-02) - E9 - Pharmaceutical Preparations

Company shall maintain such insurance in effect throughout the term of this Agreement and provide Client upon request with a copy of the certificate of insurance.
Source Securities Purchase Agreement [APTORUM GROUP LTD]
(2020-02-26) - E9 - Pharmaceutical Preparations

The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage at least equal to the aggregate Subscription Amount. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.
Source Commercial Lease Agreement [ASV HOLDINGS, INC.]
(2017-03-24) - DE - Construction Machinery & Equip

Until the purchase price of any Product is paid in full, the Buyer shall provide and maintain insurance equal to the total value of any such Product delivered hereunder against customary casualties and risks; including, but not limited to fire and explosion, and shall also insure against liability for accidents and injuries to the public or to employees, in the names of Seller and Buyer as their interest may appear, and in an amount satisfactory to Seller. If the Buyer fails to provide such insurance, it then becomes the Buyer's responsibility to notify the Seller so that the Seller may provide same; and the cost thereof shall be added to the contract price. All loss resulting from the failure to affect such insurance shall be assumed by the Buyer.
Source Share Purchase Agreement [AVINO SILVER & GOLD MINES LTD]
(2020-03-25) - Metal Mining

(n) All current insurance policies of [Company.Name] are listed in Schedule 3.1.2(n) of the Disclosure Letter.
Source Distribution Agreement [BAYVIEW ACQUISITION CORP]
(2020-12-10) - NV - Communications Equipment, NEC

Maintain fire and other risk insurance, public liability insurance, and such other insurance as Lender may require with respect to Borrower's properties and operations, in form, amounts, coverages and with insurance companies acceptable to Lender. Borrower, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least forty-five (45) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Borrower or any other person. In connection with all policies covering assets in which Lender holds or is offered a security interest for the Loans, Borrower will provide Lender with such lender's loss payable or other endorsements as Lender may require.

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