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DocuSign Envelope ID: 3F0F44D1-0249-418D-A8C6-A7EDC761 CC87
<br /> claim,suit,action or liability:
<br /> (i)Commercial Automobile Liability Insurance(Including Uninsured/Underinsured Motorist Coverage and No-Fault Protection where required by law)for the
<br /> limits listed below (Note-$2,000,000 Combined Single Limit Bodily Injury and Property Damage with No Deductible Is required for each Vehicle capable of
<br /> transporting more than 8 passengers):
<br /> State of Vehicle Reoletration Coverage
<br /> Connecticut,Massachusetts,Maine,New Hampshire,New Jersey, $1,000,000 Combined Single Limit Bodily Injury and Property Damage
<br /> New York,Pennsylvania,Rhode island,and Vermont -No Deductible
<br /> Florida $500,000 Combined Single Limit Bodily Injury and Property Damage
<br /> or$100,000 Bodily Injury Per Person,$300,000 Per Occurrence and
<br /> $50,000 Property Damage(100/300/50)-No Deductible
<br /> All Other States $300,000 Combined Single Limit Bodily Injury and Property Damage
<br /> or$100,000 Bodily Injury Per Person,$300,000 Per Occurrence and
<br /> $50,000 PropertyDamage(100/300/50)-No Deductible
<br /> (ii) Physical Damage Insurance(Collision&Comprehensive):Actual cash value of the applicable Vehicle.Maximum deductible of$500 per occurrence
<br /> Collision and$250 per occurrence•Comprehensive).
<br /> If the requirements of any governmental or regulatory agency exceed the minimums staled in this Agreement,Lessee must obtain and maintain the higher insurance
<br /> requirements.Lessee agrees that each required policy of insurance will by appropriate endorsement or otherwise name Lessor and any other person or entity
<br /> designated by Lessor as additional Insureds and foss payees,as their respective interests may appear.Further,each such insurance policy must provide the following:
<br /> (i)that the same may not be cancelled,changed or modified until after the insurer has given to Lessor,Servicer and any other person orentity designated by Lessor at
<br /> least thirty(30)days prior written notice of such proposed cancellation,change or modification,(ti)that no act or default of Lessee or any other person or entity shall
<br /> affect the right of Lessor,Servicer,any other agent of Lessor or any of their respective successors or assigns to recover under such policy or policies of insurance
<br /> In the event of any loss of or damage to any Vehicle and(Iii)that the coverage is"primary coverage"for the protection of Lessee,Lessor,Servicer,any other agent
<br /> of Lessor and their respective successors and assigns notwithstanding any other coverage carried by Lessee,Lessor,Servicer,any other agent of Lessor or any of
<br /> their respective successors or assigns protecting against similarnsks,Original certificates evidencing such coverage end naming Lessor,Servicer,any otheragentof
<br /> Lessor and any other person or entity designated by Lessor as additional insureds and loss payees shall be furnished to Lessor prior to the Delivery Date,and annually
<br /> thereafter and/or as reasonably requested by Lessor from time to time.In the event of default,Lessee hereby appoints Lessor,Servicer and any other agent of Lessor
<br /> as Lessee's attome •In-fact to receive payment of,to endorse all checks and other documents and to to ke any other actions necessary to pursue insurance claims and
<br /> recover payments if Lessee fa Is to do so,Any expense of Lessor,Servicer or any other agent of Lessor in adjusting or collecting insurance shall be borne by Lessee.
<br /> Lessee,its drivers,servants and agents agree to cooperate fully with Lessor,Servicer,any other agent of Lessor and any insurance carriers in the investigation,
<br /> defense and prosecution of all claims or suits arising from the use or operation of any Vehicle.If any claim is made or action commenced for death,personal injury or
<br /> properly damage resulting from the ownership,maintenance,use or operation of any Vehicle,Lessee will promptly notify Lessor of such action or claim and forward
<br /> to Lessor a copy of every demand,notice,summons or other process received in connection with such claim or action.
<br /> (b)Notwithstanding the provisions of Section 11(a)above:(i)if Section 4 of a Schedule Includes a charge for physical damage waiver,Lessor agrees that(A)Lessee
<br /> will not be required to obtain or maintain the minimum physical damage Insurance(collision and comprehensive)required under Section 11(a)for the Vehicle(s)
<br /> covered bysuch Schedule and(B)Lessor will assume the risk of physical damage(collision and comprehensive)to the Vehicle(s)covered by such Schedule;provided,
<br /> however,that such physical damage waiver shall not apply to,and Lessee shall be and remain liable and responsible for,damage to a covered Vehicle caused by wear
<br /> and tear or mechanical breakdown or failure,damage to or loss of any parts,accessories or components added to a covered Vehicle by Lessee without the prior
<br /> written consent of Lessor and/or damage to or loss of any property and/or personal effects contained in a covered Vehicle. In the event of a Casualty Occurrence to
<br /> a covered Vehicle,Lessor may,at Its option,replace,rather than repair,the damaged Vehicle with an equivalent vehicle,which replacement vehicle will then constitute
<br /> the'Vehicle"for purposes of this Agreement;and(ii)if Section 4 of a Schedule includes a charge for commercial automobile liability enrollment,Lessor agrees that
<br /> it will,at its expense,obtain for and on behalf of Lessee,by adding Lessee as an additional insured under a commercial automobile liability insurance policy issued
<br /> by an insurance company selected by Lessor,commercial automobile liability insurance satisfying the minimum commercial automobile liability insurance required
<br /> under Section 11(a)for the Vehicle(s)covered by such Schedule,Lessor may at any time during the applicable Term terminate said obligation to provide physical
<br /> damage waiver and/or commercial automobile liability enrollment and cancel such physical damage waiver and/or commercial automobile liability enrollment upon
<br /> giving Lessee at least ten(10)days prior written notice,Upon such cancellation,Insurance in the minimum amounts as set forth in 11(a)shall be obtained and
<br /> maintained by Lessee at Lessee's expense. An adjustment will be made in monthly rental charges payable by Lessee to reflect any such change and Lessee agrees
<br /> to furnish Lessor with satisfactory proof of insurance coverage within ten(10)days after mailing of the notice.In addition,Lessor may change the rates charged s'
<br /> by Lessor under this Section 11(b)for physical damage waiver and/or commercial automobile liability enrollment upon giving Lessee at least thirty(30)days prior
<br /> written notice.
<br /> 12. INDEMNITY:To the extent permitted by state law,Lessee agrees to defend and indemnify Lessor,Servicer,any other agent of Lessor and their respective
<br /> successors and assigns from and against any and alllosses,damages,liabilities,suits,claims,demands,costs and expenses(including,without limitation,reasonable
<br /> attorneys'fees and expenses)which Lessor,Servicer,any other agent of Lessor or any of their respective successors or assigns may incur by reason of Lessee's
<br /> breach or violation of,or failure to observe or perform,any term,provision or covenant of this Agreement,or as a result of any loss,damage,theft or destruction
<br /> of any Vehicle or related to or arising out of or in connection with the use,operation or condition of any Vehicle. The provisions of this Section 12 shall survive any
<br /> expiration or termination of this Agreement. Nothing herein shall be deemed to affect the rights,privileges,and immunities of Lessee and the foregoing indemnity
<br /> provision is not intended to be a waiver of any sovereign immunity afforded to Lessee pursuant to the law.
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