1. Lessor shall at its own expense during the Lease Term and until the Vehicle is delivered back in good working condition, comprehensively insure the Vehicle with an insurance company of its choice (“ Vehicle Insurance ”).
   
   
2. The Vehicle Insurance will provide primary third-party liability protection, which will be to the extent of claims / liabilities covered by the Vehicle insurer on the Vehicles for any/ all claims and/or liabilities arising during the use or operation of the Vehicle by the Lessee.
   
   
3. This shall not however cover the Own Damage and the Lessee will be responsible for any associated costs and charges directly/indirectly personally attributable to the Lessee’s default with the terms of this Agreement.  However, it is hereby clarified that if this third-party liability protection is extended by the Lessor, it will not be applicable if the liability arises due to Lessee’ negligence, or breach of applicable terms under this Agreement.
   
   
4. The liability protection under the Vehicle Insurance applies only to claims of third-party bodily injury, death, or property damage, other than to the Vehicle, arising from the use of Vehicle as permitted by this Agreement and Applicable Laws. Any such protection excludes any claim made by the Lessee or co-passenger or Lessee’ or co-passengers’ immediate family members who permanently live with the Lessee or was travelling with the Lessee at the time of incident. This obligation may be limited to the extent the Vehicle Insurance’s coverage applies. The Lessor shall in no event be liable to the Lessee and/or the co-passenger(s) for any indirect, special, punitive, or consequential damages (including lost profits) arising from or related to the Vehicle, its use, or this Agreement.
   
   
5. In case of damage, theft, or destruction or any damage total or partial of the Vehicle during the Lease Term and until the return of the Vehicle to the Lessor in good working condition, subject to the Lessee fulfilling its obligations in respect thereof under Clause 8 above, the Lessee shall be liable for any costs that maybe incurred for rectification/repair of the Vehicle due to such damages.
   
   
6. Incase of a total loss or theft, the Lessee shall promptly notify the Platform and the Lessor of the same and shall assist the Lessor in filing of complaint (in case of theft) or invoking such insurance claims by providing all required documentation and details of the accident or damages to ensure that the Lessor may effectively administer the claims from the insurance company.
   
   
7.  Lessor’s decision in that regard shall be final and binding on both Parties. In cases where the Lessor decides not to file the claim, repair expenses shall be borne by the Lessee. except in cases of theft, total loss, and/or situations where the Lessor is unable to claim insurance due to actions (or lack thereof) attributable to the Lessee.
   
   
8. The expenses associated with (a) any risks and ensuing damage to the Vehicle, which are not fully covered by the Vehicle Insurance; (b) risks which are not borne by the Lessor in terms hereof shall be borne by the Lessee. Accordingly, the Lessee shall pay to the Lessor the amount of loss and/or damage not paid under the Vehicle Insurance and be liable for the following:
   1. Damage to the Vehicle: The difference, if any, between the actual amount incurred in repairing the damage to the Vehicle and the amounts recovered/to be recovered under the Vehicle Insurance.
   2. Theft/total loss of the Vehicle: (a) The shortfall between the claim amount received under the Vehicle Insurance, and the book value of the Vehicle at that time of its theft/total loss; (b) if usage of Vehicle at the time of its theft/total loss exceeds the Agreed Mileage, charge of the excess mileage incurred as per the rate specified in the Fee Policy ; (c) other cost/expense incurred by the Lessor for  or in respect of assessment loss suffered by the Vehicle and possibility of its restoration; and (d) other charges, if any, remaining unpaid by Lessee under this Agreement.
9. Notwithstanding the above in case the insurance claim for damages/loss to the Vehicle under the Vehicle Insurance is repudiated or not admitted by the insurance company due to the mishandling/ negligence/ fault/ rash driving/ any other illegal and unlawful use of the Vehicle by the Lessee;  or any third-party claims rejected due to negligence/ misconduct/ rash driving/ other unlawful or illegal act on part of the Lessee causing irreparable damage, the Lessee shall be solely liable to incur all the related damages, losses, costs and expenses.