Avis 2006 Annual Report Download - page 256

knowledge of any of the foregoing and whether or not foreseen or foreseeable. This Agreement shall be noncancelable by the Lessees and,
except as expressly provided herein, each Lessee, to the extent permitted by law, waives all rights now or hereafter conferred by statute or
otherwise to quit, terminate or surrender this Agreement, or to any diminution or reduction of Monthly Base Rent, Supplemental Rent or other
amounts payable by such Lessee hereunder. All payments by each Lessee made hereunder shall be final (except to the extent of adjustments
provided for herein), absent manifest error and, except as otherwise provided herein, each Lessee shall not seek to recover any such payment or
any part thereof for any reason whatsoever, absent manifest error. If for any reason whatsoever this Agreement shall be terminated in whole or
in part by operation of law or otherwise except as expressly provided herein, each Lessee shall nonetheless pay an amount equal to such
Lessee’s allocable portion of all Monthly Base Rent, all Supplemental Rent and all other amounts due hereunder at the time and in the manner
that such payments would have become due and payable under the terms of this Agreement as if it had not been terminated in whole or in part.
All covenants and agreements of each Lessee herein shall be performed at its cost, expense and risk unless expressly otherwise stated.
5. INSURANCE .
Each Lessee represents that it shall at all times maintain or cause to be maintained insurance coverage in force as follows:
5.1. Personal Injury and Damage .
Insurance coverage as set forth in Section 31.3 . In addition, each Lessee will maintain with respect to its properties and businesses
insurance against loss or damage of the kind customarily insured against by corporations engaged in the same or similar businesses, of such
types and in such amounts as are customarily carried by such similarly situated corporations.
5.2. Delivery of Certificate of Insurance .
Within ten (10) days after the Initial Closing Date, each Lessee or the Finance Lease Guarantor shall have delivered to the Lessor a
certificate(s) of insurance naming the Lender, the Lessor, Original AESOP, PVHC, Quartx and the Trustee as additional insureds as to the item
required by Section 31.3 . Such insurance shall not be changed or canceled except as provided below in Section 5.3 .
5.3. Changes in Insurance Coverage.
No changes shall be made in any of the foregoing insurance requirements unless the prior written consent of the Lessor, the Lender
and the Trustee are first obtained. The Lessor may grant or withhold its consent to any proposed change in such insurance in its sole discretion.
The Lender and the Trustee shall be required to grant their consent to any proposed change in such insurance upon compliance with the
following conditions:
(i) the applicable Lessee or the Finance Lease Guarantor shall deliver not less than thirty (30) days’
prior written notice of any
proposed change in such insurance to the Lender and the Trustee; and
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