1. Each party shall maintain or obtain (as applicable), with respect to the activities in which such party engages pursuant to this Agreement, professional liability (errors and omissions) insurance and general liability insurance in amounts reasonable and customary for the nature and scope of business engaged in by such party. Upon request, such party shall promptly deliver to the other party evidence of such insurance.
译文:双方应就各自依据本协议参与的活动,购买或续购(如适用)专业责任(错误和疏忽)保险和一般责任保险,投保数额应当合理,并符合各自所从事业务性质和范围的惯例。经另一方提出要求后,投保的一方应当向另一方出具保险凭证。
2. Important: in a purchase or exchange of real property, it may be advisable to obtain title insurance in connection with the close of escrow since there may be prior recorded liens and encumbrances which affect your interest in the property being acquired.
译文:重要提示:在购买或房地产的交换中,最好获得与托管交割有关的产权保险,因为可能有之前记录的优先权和产权负担,可能会影响您对购买的房地产享有的利益。
3. In the event there is a Purchase Money Deed of Trust in this transaction, the policy of title insurance shall be a joint protection policy insuring both Buyer and Seller.
译文:如本次交易中有购房款票据信托契据,产权保险的保险单应为以买方和卖方为被保险人的合保保险单。
4. The Company may purchase and maintain for any Director, Managing Director Agent, Auditor, Secretary and other officer for the time being of the Company' insurance against any liability to the Company, a related company or any other party in respect of any negligence, default, breach of duty or breach of trust (save for fraud) of which he may be guilty in relation to the Company or a related company, as well as any liability incurred by him in defending any proceedings, whether civil or criminal, taken against him for any negligence, default, breach of duty or breach of trust (including fraud) of which he may be guilty in relation to the Company or a related company.
译文:公司可以为目前的任何董事、常务董事、代理人、审计师、秘书和其他管理人员购买和维护责任险,保险范围包括因其与公司或者任何关联关系相关的任何过失、违约、失职、违反信托(除欺诈外)而对公司、任何关联公司或者任何其他方承担的责任,以及因其与公司或者任何关联关系相关的任何过失、违约、失职、违反信托(除欺诈外)而对其提起的任何诉讼(无论是民事或刑事诉讼)中承担的任何责任。
5. The corporation shall have the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the corporation against any liability asserted against or incurred by such person in such capacity or arising out of that person's status as such, whether or not the corporation would have the power to indemnify that person against such liability under the provisions of this Article 6.
译文:公司有权以现在或过去担任公司董事、管理人员、员工或者代理人的任何人的名义,为这些人员以职务身份履行职责时实际或可能承担的、或者与其职务身份有关的任何责任购买保险(无论公司是否有权赔偿此人本条(第6条)项下规定的责任)。
6. The Liquidation Trustee may in its discretion purchase and maintain insurance on behalf of any Indemnified Person who is or was a beneficiary of this provision.
译文:清算托管人可以酌情代表现在或曾经是本条规定的受益人的任何人购买和维护保险。
7. The Subcontractor shall purchase and maintain necessary insurances from the date of commencement until delivery of the work as following:
译文:分包商应购买自工程开始之日至交付之日的必要的保险,具体要求如下:
8. The Company shall, at or prior to the Effective Time, purchase a six (6) year “tail” prepaid policy on the same terms and conditions as the existing directors’ and officers‘ liability (and fiduciary) insurance maintained by the Company from insurance carriers with comparable credit ratings, covering, without limitation, the Merger; provided, however, that the cost of such “tail” policy shall in no event exceed three hundred percent (300%) of the amount of the last annual premium paid by the Company for such existing directors’ and officers’ liability(and fiduciary) insurance.
译文:公司应当在“生效时间”或之前,购买六(6)年的预付责任保险,保险的条款和条件应当与公司从具有相同信用等级的保险公司为当前董事和管理人员购买的保险范围包括但不限于“并购”的责任保险(和授信保险)的条款和条件相同;但该责任保险的保险费,在任何情况下不得超过上一年度公司为当时的董事和管理人员支付的责任保险(和授信保险)保险费总额的百分之三百(300%)。
9. Any Indemnified Party is not entitled to double recovery for any claims even though they may have resulted from the breach of more than one of the representations, warranties, covenants and obligations of the Indemnifying Party in this Agreement. No Party has any liability or obligation with respect to any claim for indemnification to the extent that such matter was reflected as an adjustment to the Purchase Price.
译文:任何受补偿方无权获得任何索赔的双重保险赔偿金,包括由于补偿方违反两项以上其在本协议中作出的声明、保证、约定和义务。任何一方对与购买价格的调整中反映的任何事项相关的任何索赔不承担任何责任和义务。
10. For any extension of lease applied and approved at the time the Principal Lease was purchased, the premium payable will be calculated based on 10% of the lease purchase consideration;
译文:对于购买主租期时提出申请并获批准的任何续租,应付保险费按照租金的10%计算;