A. During such time that Lessee is covered under Uber’s Commercial Automobile Insurance for approved livery business use of the Vehicle and Lessee is not operating Vehicle for business use other than with Uber, Lessor may, at its sole and absolute discretion evidenced in writing, accept from Lessee a compliant Personal Automobile Certificate of Insurance evidencing the required limits, terms and conditions except livery business use; Uber’s Commercial Automobile Liability Insurance would then be considered Excess over Lessee’s Personal Automobile Insurance. Lessor’s acceptance shall be considered automatically and immediately rescinded should: (a) Uber’s coverage no longer be compliant; (b), Lessee no longer provide services for Uber; and/or (c) Lessee operate Vehicle for any business use other than livery business use with Uber. At such time that Lessor’s acceptance is rescinded, Lessee is automatically and immediately required to meet all Commercial Automobile Insurance requirements hereunder or provide an affidavit that Lessee is no longer operating the Vehicle for business use.
B. Liability Insurance. Subject to the provisions below, Lessee shall procure and maintain in full force and effect throughout the term of this Lease and any extension hereof, Commercial Automobile Liability Insurance to protect Lessee and Lessor against all losses, costs (including reasonable attorneys' fees, defense costs and disbursements), and damages for any injury, claim, liability imposed by law or otherwise, or damage arising out of the ownership, possession, lease, operation, maintenance, and use of the Vehicle howsoever caused. This insurance shall be provided by an insurance company and agent acceptable to Lessor, and Lessor reserves the right to reject any insurance company or agent; however, Lessor agrees it will not do so unreasonably. This insurance shall have a minimum combined single limit of $500,000 or separate limits for bodily injury (including personal injury) and death of not less than $100,000 per person and $300,000 per occurrence and property damage of not less than $50,000 or such other minimum limits as required by law in the jurisdictions in which Lessee operates; whichever is higher. This insurance shall also include any limits required by any applicable no-fault and/or uninsured motorist law. This insurance shall not carry a deductible or retention unless expressly agreed by Lessor, and shall include a contractual liability and livery business use endorsement. This insurance shall name Lessor, its parent company, their subsidiary companies, their directors, officers, and employees, and their successors and assigns as additional insureds with subrogation waived. This insurance shall be primary and any insurance available to Lessor, its parent company, their subsidiary companies, their directors, officers and employees, and their successors and assigns is excess of and noncontributory to this insurance. This insurance shall provide for 30 days advance written notice by certified mail to Lessor and any required government authority notice of any cancellation, non-renewal or material change in the policy terms and conditions. Lessee shall cause the insurance company providing this insurance to endorse the policy to reflect the requirements stated herein. Lessee shall evidence this insurance to Lessor by forwarding a certificate of insurance prior to the commencement of this Lease and prior to any renewal date or substitution date of the required coverage. Lessee shall indemnify Lessor, if Lessee’s agent, broker, or company fails to obtain required coverage or endorsements.
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C. Physical Damage Insurance. Lessee shall procure and maintain in full force and effect the proper insurance coverage throughout the term of this Lease to protect Lessor against loss or damage to the Vehicle caused by collision and other perils, commonly referred to as comprehensive perils that include but are not limited to fire, windstorm, hail, malicious mischief, vandalism, glass breakage and theft. This insurance shall be provided by an insurance company and agent acceptable to Lessor and Lessor reserves the right to reject any insurance company or agent; however, Lessor agrees it will not do so unreasonably. This insurance shall protect Lessor for the Stated or Actual Cash Value (ACV) of the Vehicle and carry an occurrence deductible of not more than $1,000. This insurance shall name Lessor and its assigns as sole loss payee. This insurance shall waive subrogation against Lessor, its parent company, their subsidiary companies, their directors, officers, and employees, their successors and assigns. This insurance shall be primary and any insurance available to Lessor and its assigns is noncontributory and excess over any other collectible insurance whether primary, excess or contingentThis insurance shall include a contractual liability endorsement. This insurance shall provide for 30 days advance written notice by certified mail to Lessor of any cancellation, non-renewal, limit reduction or material change in the policy terms and conditions. Lessee shall cause the insurance company providing this insurance to endorse the policy to reflect the requirements stated herein. Lessee shall evidence this insurance to Lessor by forwarding a certificate of insurance prior to the commencement of this Lease prior to any renewal date or substitution date of the required coverage. Lessee shall indemnify Lessor, if Lessee’s agent, broker, or company fails to obtain required coverage or endorsements.
D. Attorney-in-Fact. Lessee hereby appoints Lessor as Lessee's Attorney-in-Fact to execute and deliver proofs of claim, receive payments, endorse checks and other documents, and to take any other actions necessary to pursue insurance claims and recover payments. Lessor has the right to offset any and all costs and expenses associated with pursuing claims and recovering payments from the amount recovered before distributing recovered payments, if any, to Lessee.