Common use of Additional Insurance Provisions Clause in Contracts

Additional Insurance Provisions. All policies shall include Lessor and such other parties as Lessor may designate and their respective officers, directors, partners, employees, agents, and consultants as loss payees and additional insureds to the insurance policies described below (excluding the Liability and Workers’ Compensation Policies). The insurance coverage afforded under the policies described herein shall be primary and non-contributing with respect to any insurance carried independently by the additional insureds. All such insurance policies shall indicate that as respects the insureds (whether named or otherwise), cross-liability and severability of interests shall exist for all coverages provided thereunder. All policies of insurance required under this Section 14 shall be written on an “occurrence” basis except as otherwise agreed by Lessor in its sole and absolute discretion. The insurance specified below shall be placed with insurance companies reasonably acceptable to Lessor (which companies shall, at a minimum, have a rating of “B+10” or better by A.M. Best Company unless otherwise agreed by Lessor), and shall incorporate a provision requiring the giving of notice to Lessor at least thirty (30) days prior to the cancellation, non-renewal or material modification of any such policies. Upon execution hereof, and periodically thereafter, including upon renewal, as required to demonstrate that insurance coverage is in effect, Lessee shall provide to Lessor, certified copies of all certificates with respect to insurance required under this Section 14, stating the name of insurance company, policy number, expiration date, that Lessor is named as additional insured and loss payee (where applicable), and the coverage and limits of liability with respect to each such insurance policy, all in a form reasonably acceptable to Lessor. All dollar amounts expressed in this Section 14 or approved by Lessor shall be updated every five (5) years based on the then-current market conditions. Lessee shall not make adjustments in amounts greater than $100,000 with insurers except with Lessor’s prior written consent and hereby appoints Lessor as Lessee’s attorney-in-fact to receive payment of and to endorse all checks, drafts and other documents and to take any other actions necessary to pursue insurance claims and recover payments pursuant to the insurance policies required hereunder if Lessee fails to do so (this power being coupled with an interest and irrevocable for the term of this Lease). Lessee shall promptly notify Lessor of any occurrence which may become the basis of a claim and shall provide Lessor with all requested pertinent data.

Additional Insurance Provisions. All policies Each policy of insurance required to be carried pursuant to the provisions of this Exhibit G shall include Lessor contain (a) an agreement by the insurer that such policy shall not be canceled, modified or denied renewal without at least 30 days prior written notice to Landlord and shall remain in effect notwithstanding any such cancellation or alteration until such notice has been given to Landlord and such other parties as Lessor may designate period of 30 days has elapsed, (b) an agreement that if cancellation is due to nonpayment of premiums, the insurer will so specify in the notice given in (a) above and their respective officerswill reinstate the policy upon payment of the premiums by Landlord or Landlord’s Mortgagee, directors, partners, employees, agents(c) a waiver of subrogation by the insurer, and consultants as loss payees (d) commercially reasonable deductibles reasonably acceptable to Landlord. In the event Tenant fails to maintain, or cause to be maintained, or deliver and additional insureds furnish to Landlord copies of certificates of insurance required by this Lease and such failure continues for ten days following written notice thereof to Tenant, Landlord may procure such insurance for the benefit only of Landlord and Landlord’s Mortgagee for such risks covering Landlord’s interests, and Tenant will pay all premiums thereon, together with an administration fee of 15% of such cost, within 30 days after demand by Landlord. In the event Tenant fails to pay such premiums (or reimburse Landlord) upon demand the amount of all such premiums shall bear Interest from the date paid by Landlord until reimbursed by Tenant. All insurance policies described below (excluding the Liability and Workers’ Compensation Policies). The insurance coverage afforded under the policies described herein this Exhibit G to be maintained by Tenant shall be primary and non-contributing with respect to any insurance which may be carried independently by the additional insureds. All such insurance policies shall indicate that as respects the insureds (whether named or otherwise), cross-liability and severability of interests shall exist for all coverages provided thereunder. All policies of insurance required under this Section 14 shall be written on an “occurrence” basis except as otherwise agreed by Lessor in its sole and absolute discretion. The insurance specified below shall be placed with insurance companies reasonably acceptable to Lessor (which companies shall, at a minimum, have a rating of “B+10” or better by A.M. Best Company unless otherwise agreed by Lessor)Landlord, and shall incorporate afford coverage for all claims based on any act, omission, event or condition that occurred or arose (or the onset of which occurred or arose) during the policy period other than as a provision requiring result of the giving gross negligence or willful misconduct of notice to Lessor at least thirty (30) days prior to the cancellation, non-renewal or material modification of any such policiesLandlord. Upon execution hereofthe issuance of each such policy to be maintained by Tenant, and periodically thereafterTenant shall deliver a certificate of insurance to Landlord and, including upon renewalrequest of Landlord, as required to demonstrate that insurance coverage is in effecta copy of each such policy, Lessee shall provide to Lessor, certified copies of all certificates with respect to for retention by Landlord. Tenant may maintain the insurance required by this Exhibit G under this Section 14blanket insurance policies, stating provided that the name of insurance company, policy number, expiration date, insurer provides evidence that Lessor is named as additional insured and loss payee (where applicable), and the coverage and limits of liability with respect to each such insurance policy, all in a form reasonably acceptable to Lessor. All dollar amounts expressed in this Section 14 or approved by Lessor shall be updated every five (5) years based on the then-current market conditions. Lessee shall not make adjustments in amounts greater than $100,000 with insurers except with Lessor’s prior written consent and hereby appoints Lessor as Lessee’s attorney-in-fact to receive payment of and to endorse all checks, drafts and other documents and to take any other actions an amount necessary to pursue insurance claims and recover payments pursuant to meet the insurance policies required hereunder if Lessee fails to do so (requirements of this power being coupled with an interest and irrevocable Exhibit G has been reserved for the term of this Lease). Lessee shall promptly notify Lessor of any occurrence which may become the basis of a claim and shall provide Lessor with all requested pertinent dataProject.

Additional Insurance Provisions. All policies Each policy of insurance required to be carried pursuant to the provisions of Section 5 shall include contain (a) a provision that no act or omission of Landlord, Landlord’s Mortgagee, Tenant’s Mortgagee, Tenant or Ground Lessor shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained, (b) an agreement by the insurer that such policy shall not be canceled, modified or denied renewal without at least 30 days’ prior written notice to Landlord, Landlord’s Mortgagee, Tenant, Tenant’s Mortgagee and such other parties as Lessor may designate Ground Lessor, (c) an agreement that if cancellation is due to non- payment of premiums, the insurer will so specify in the notice given in clause (b) above and their respective officerswill reinstate the policy upon payment of the premiums by Landlord, directors, partners, employees, agentsLandlord’s Mortgagee or Tenant’s Mortgagee, and consultants as loss payees and additional insureds to (d) a waiver of subrogation by the insurance policies described below (excluding the Liability and Workers’ Compensation Policies). The insurance coverage afforded under the policies described herein shall be primary and non-contributing insurer with respect to any and all claims including but not limited to those against Landlord, Landlord’s Mortgagee, Tenant, Tenant’s Mortgagee or Ground Lessor. If Tenant fails to comply with the insurance carried independently by requirements contained herein or to deliver to Landlord, Landlord’s Mortgagee and Ground Lessor the additional insureds. All certificates or evidence of coverage required herein, and such failure is not cured within 5 days after written notice to Tenant, Landlord, in addition to any other remedy available pursuant to this Lease or otherwise, may, but shall not be obligated to, obtain such insurance policies and Tenant shall indicate that as respects pay to Landlord on demand the insureds (whether named or otherwise)premium costs thereof, cross-liability and severability plus an administrative fee of interests shall exist for all coverages provided thereunder. All policies 15% of insurance required under this Section 14 shall be written on an “occurrence” basis except as otherwise agreed by Lessor in its sole and absolute discretion. The insurance specified below shall be placed with insurance companies reasonably acceptable to Lessor (which companies shall, at a minimum, have a rating of “B+10” or better by A.M. Best Company unless otherwise agreed by Lessor), and shall incorporate a provision requiring the giving of notice to Lessor at least thirty (30) days prior to the cancellation, non-renewal or material modification of any such policies. Upon execution hereof, and periodically thereafter, including upon renewal, as required to demonstrate that insurance coverage is in effect, Lessee shall provide to Lessor, certified copies of all certificates with respect to insurance required under this Section 14, stating the name of insurance company, policy number, expiration date, that Lessor is named as additional insured and loss payee (where applicable), and the coverage and limits of liability with respect to each such insurance policy, all in a form reasonably acceptable to Lessor. All dollar amounts expressed in this Section 14 or approved by Lessor shall be updated every five (5) years based on the then-current market conditions. Lessee shall not make adjustments in amounts greater than $100,000 with insurers except with Lessor’s prior written consent and hereby appoints Lessor as Lessee’s attorney-in-fact to receive payment of and to endorse all checks, drafts and other documents and to take any other actions necessary to pursue insurance claims and recover payments pursuant to the insurance policies required hereunder if Lessee fails to do so (this power being coupled with an interest and irrevocable for the term of this Lease). Lessee shall promptly notify Lessor of any occurrence which may become the basis of a claim and shall provide Lessor with all requested pertinent datacost.

Additional Insurance Provisions. All policies shall include Lessor and such other parties as Lessor may designate and their respective officers, directors, partners, employees, agents, and consultants as loss payees and additional insureds to the insurance policies described below (excluding the Liability and Workers’ Compensation Policies). The insurance coverage afforded under the policies described herein shall be primary and non-contributing with respect to any insurance carried independently by the additional insureds. All such insurance policies shall indicate that as respects the insureds (whether named or otherwise), cross-liability and severability of interests shall exist for all coverages provided thereunder. All policies of insurance required under this by Section 14 16.1 shall be written on primary, shall (other than for workmen's compensation insurance) name Landlord as an “occurrence” basis except as otherwise agreed by Lessor in its sole and absolute discretion. The insurance specified below additional named insured, shall be placed obtained and maintained from and with reputable and financially sound insurance companies authorized to issue such insurance in the state in which the Premises are located, shall at all times be subject to only such deductible amounts as may be reasonably acceptable to Lessor (which companies shallLandlord and shall provide that the proceeds thereof shall be payable to Landlord and Tenant, as their interests may appear, and if Landlord so requests shall also be payable to any contract purchaser of the Premises and/or any interest holder, as the interest of such purchaser or holder appears, pursuant to a standard named insured or mortgagee clause. A deductible amount of $100,000.00 or less is acceptable to Landlord; however, higher deductibles may be utilized upon the prior written approval of both Landlord and Tenant. All insurance coverages required as herein set forth shall be obtained at the sole cost and expense of Tenant and all deductibles, premium payments, self-insured retentions or claims fees shall be assumed by Tenant. Tenant shall not, on Tenant's own initiative or pursuant to request or requirement of any third party, take out separate insurance concurrent in form or contributing in the event of loss with that required in Section 16.1 hereof, unless Landlord is named therein as an additional insured with loss payable. Tenant shall immediately notify Landlord whenever any such separate insurance is taken out and shall deliver to Landlord original certificates evidencing the same. Notwithstanding the foregoing, at such times as Tenant and Guarantor, on a minimumcombined basis, have a rating tangible net worth reasonably determined by Landlord to exceed $100,000,000.00, Tenant shall have the right to carry the coverages required hereunder via a program of “B+10” self-insurance or better by A.M. Best Company unless otherwise agreed by Lessor), in the form of a blanket policy for the risks and in the minimum amounts specified herein. Each policy required under Section 16.1 shall incorporate a provision requiring the giving of notice to Lessor have attached thereto (a) an endorsement that such policy shall not be canceled or materially changed without at least thirty (30) days days' prior written notice to Landlord, and (b) an endorsement to the cancellation, non-renewal effect that the insurance as to the interest of Landlord shall not be invalidated by any act or material modification neglect of any such policiesLandlord or Tenant. Upon execution hereof, and periodically thereafter, including upon renewal, as required to demonstrate that insurance coverage is in effect, Lessee shall provide to Lessor, certified copies of all certificates with respect to insurance required under this Section 14, stating the name All policies of insurance company, policy number, expiration date, that Lessor is named as additional insured shall be written by companies with a rating of not less than "A" and loss payee financial size of not less than Class VIII in the current "Bests Insurance Reports" (where applicable), or if such ratings are not available reasonably satisfactory to Landlord) and licensed in the coverage and limits state in which the Premises are located. Such certificates of liability with respect to each such insurance policy, all shall be in a form reasonably acceptable to LessorLandlord, shall be delivered to Landlord upon commencement of the term and prior to expiration of such policy, new certificates of insurance, shall be delivered to Landlord not less than ten (10) days prior to the expiration of the then current policy term. All dollar amounts expressed insurance required to be provided by Tenant under this Lease shall release Landlord from any claims for damage to any person or the Premises and the Project, and to Tenant's fixtures, personal property, improvements and alterations in this Section 14 or approved by Lessor shall be updated every five (5) years based on the then-current market conditions. Lessee shall Premises or the Project, caused by or resulting from risks insured against under any insurance policy carried by Tenant in force at the time of such damage, except for those damages for which Tenant is not make adjustments in amounts greater than $100,000 with insurers except with Lessor’s prior written consent and hereby appoints Lessor as Lessee’s attorney-in-fact required to receive payment of and to endorse all checks, drafts and other documents and to take any other actions necessary to pursue insurance claims and recover payments indemnify Landlord pursuant to the insurance policies required hereunder if Lessee fails to do so (this power being coupled with an interest and irrevocable for the term of this Lease). Lessee shall promptly notify Lessor of any occurrence which may become the basis of a claim and shall provide Lessor with all requested pertinent dataSection 15 above.

Additional Insurance Provisions. On or before the later of (a) sixty (60) days after the Execution Date and (b) the date immediately preceding commencement of construction of the Facility, and again within a reasonable time after coverage is renewed or replaced, Seller shall furnish to Buyer certificates of insurance evidencing the coverage required above, written on forms and with deductibles reasonably acceptable to Buyer. Notwithstanding the foregoing sentence, Seller shall in no event furnish Buyer certificates of insurance evidencing required coverage later than the Commercial Operation Date. All policies deductibles, co-insurance and self-insured retentions applicable to the insurance above must be paid by Seller. All certificates of insurance must note that the insurers issuing coverage must endeavor to provide Buyer with at least thirty (30) days’ prior written notice in the event of cancellation of coverage. Xxxxx’s receipt of certificates that do not comply with the requirements stated in this Section 9.2.1, or Seller’s failure to provide such certificates, do not limit or relieve Seller of the duties and responsibility of maintaining insurance in compliance with the requirements in this Section 9 and do not constitute a waiver of any of the requirements of Section 9. Insurance coverage described above in Section 9.1 shall include Lessor provide for thirty (30) days written Notice to Buyer prior to cancellation, termination, alteration, or material change of such insurance. Evidence of coverage described above in Section 9.1 shall state that coverage provided is primary and is not excess to or contributing with any insurance or self-insurance maintained by Buyer. Buyer shall have the right to inspect or obtain a copy of the original policy(ies) of insurance. All insurance certificates, endorsements, cancellations, terminations, alterations, and material changes of such insurance must be issued, clearly labeled with this Agreement’s identification number and submitted in accordance with Section 8 and the Cover Sheet. The insurance requirements set forth in Section 9.1 will apply as primary insurance to, without a right of contribution from, any other parties as Lessor may designate insurance maintained by or afforded to Buyer, its subsidiaries and Affiliates, and their respective officers, directors, partners, employeesshareholders, agents, and consultants employees, regardless of any conflicting provision in Seller's policies to the contrary. To the extent permitted by Law, Seller and its insurers shall be required to waive all rights of recovery from or subrogation against Buyer, its subsidiaries and Affiliates, and their respective officers, directors, shareholders, agents, employees and insurers. The commercial general liability insurance required in Section 9.1.1 and the umbrella/excess liability insurance required in Section 9.1.4 must name Buyer, its subsidiaries and Affiliates, and their respective officers, directors, shareholders, agents and employees, as loss payees and additional insureds for liability arising out of Seller’s construction, use or ownership of the Facility. Seller shall remain liable for all acts, omissions or default of any subcontractor or subsupplier and shall indemnify, defend and hold harmless Buyer for any and all loss or damages, as well as all costs, charges and expenses which Buyer may suffer, incur, or bear as a result of any acts, omissions or default by or on behalf of any subcontractor or subsupplier. If Seller fails to comply with any of the insurance policies described below (excluding the Liability provisions of this Section 9, Seller, among other things and Workers’ Compensation Policies). The insurance coverage afforded without restricting Buyer’s remedies under the policies described herein shall be primary and non-contributing with respect to any insurance carried independently by the additional insureds. All such insurance policies shall indicate that as respects the insureds (whether named Law or otherwise), cross-liability and severability of interests shall exist for all coverages provided thereunder. All policies of insurance required under this Section 14 shall be written on an “occurrence” basis except as otherwise agreed by Lessor in its sole and absolute discretion. The insurance specified below shall be placed with insurance companies reasonably acceptable to Lessor (which companies shall, at a minimumits own cost, have a rating act as an insurer and provide insurance in accordance with the terms and conditions of “B+10” or better by A.M. Best Company unless otherwise agreed by Lessor)this Section 9. With respect to the required commercial general liability insurance set forth in Section 9.1.1, umbrella/excess liability insurance set forth in Section 9.1.4, and commercial automobile liability insurance set forth in Section 9.1.3, Seller shall incorporate provide a provision requiring the giving of notice current, full and complete defense to Lessor at least thirty (30) days prior to the cancellationBuyer, non-renewal or material modification of any such policies. Upon execution hereofits subsidiaries and Affiliates, and periodically thereaftertheir respective officers, including upon renewaldirectors, as required to demonstrate that insurance coverage is in effectshareholders, Lessee shall provide to Lessoragents, certified copies of all certificates with respect to insurance required under this Section 14employees, stating the name of insurance company, policy number, expiration date, that Lessor is named as additional insured and loss payee (where applicable)assigns, and successors in interest, in response to a third party claim in the coverage same manner that an insurer with an A.M. Best’s Insurance Rating of A-:VII would have, had the insurance been maintained in accordance with the terms and limits of liability with respect to each such insurance policy, all in a form reasonably acceptable to Lessor. All dollar amounts expressed conditions set forth in this Section 14 or approved by Lessor shall be updated every five (5) years based on 9 and given the then-current market conditionsrequired additional insured wording in the commercial general liability insurance and umbrella/excess liability insurance, and standard “Who is an Insured” provision in commercial automobile liability form. Lessee shall not make adjustments in amounts greater than $100,000 with insurers except with Lessor’s prior written consent and hereby appoints Lessor as Lessee’s attorney-in-fact to receive payment of and to endorse all checks, drafts and other documents and to take any other actions necessary to pursue insurance claims and recover payments pursuant to the insurance policies required hereunder if Lessee fails to do so (this power being coupled with an interest and irrevocable for the term of this Lease). Lessee shall promptly notify Lessor of any occurrence which may become the basis of a claim and shall provide Lessor with all requested pertinent data.FORCE MAJEURE

Additional Insurance Provisions. All policies shall include Lessor and such other parties as Lessor may designate and their respective officers, directors, partners, employees, agents, and consultants as loss payees and additional insureds to the insurance policies described below (excluding the Liability in Sections 1. a. and Workers’ Compensation Policies)1. The insurance coverage afforded under the policies described herein b. above shall be endorsed to be primary to, and non-contributing with respect to shall receive no contribution from, any insurance carried independently by the additional insuredspolicies or self-insurance programs afforded to or available to XXXX. All such insurance policies shall indicate be carried by an insurance company or companies that are, at all times, qualified to do business in the State and, at all times, have a Best’s Key Rating Guide Property-Casualty United States rating of at least an A and a financial rating of VIII (based on the most current edition of A.M. Best’s Key Rating Guide). If the insurance policies required under Sections 1. a. and 1. b. do not contain the standard ISO separation of insureds provision, or a substantially similar clause, CITY shall cause such policies to be endorsed to provide cross liability coverage. The insurance referenced in this Section 1.a) may be provided under (i) an individual policy covering this location, (ii) a blanket policy or policies which includes other liabilities, properties and locations of such party, so long as respects the insureds amount and coverage of insurance required to be carried hereunder is not diminished, or (whether named iii) a combination of any of the foregoing insurance programs. To the extent any deductible is permitted or allowed as a part of any insurance policy carried by a party in compliance with Section 1.a), such deductible shall be subject to XXXX’x approval. Any such deductibles shall be paid for, assumed by, for the account of and at CITY’s (as applicable) sole risk. XXXX shall not be responsible for the payment of any such deductible. The City shall require that any underwriter of any provided insurance policies other than workers compensation shall waive all of its rights of recovery, under subrogation or otherwise), cross-liability against XXXX, its officers, directors, shareholders, affiliates, subsidiaries, agents and severability successors. The CITY also waives all rights of interests shall exist for all coverages provided thereunder. All recovery against XXXX, its officers, directors, shareholders, affiliates, subsidiaries, agents and successors which the City may have or acquire because of deductible clauses in or inadequacy of limits of any policies of insurance that are in any way related to the Temporary Roads 1 and 2. Within ten (10) days of execution of the Agreement, the CITY, at its sole expense, shall furnish to XXXX, proof of coverage of the required under this Section 14 insurance coverage on a Certificate of Insurance form(s) bearing an original manual signature of the authorized representative of the insurance company. No use of the Temporary Roads 1 and 2 by the CITY or the public shall commence unless and until the required certificate(s) of insurance described herein are in effect and have been approved by XXXX. Certificate(s) of Insurance shall be written on an “occurrence” basis except as otherwise agreed by Lessor in its sole and absolute discretion. The insurance specified below shall be placed with insurance companies reasonably acceptable issued to Lessor (which companies shall, at a minimum, have a rating of “B+10” or better by A.M. Best Company unless otherwise agreed by Lessor)XXXX, and shall incorporate a provision requiring reference the giving CITY as the insured, use of notice to Lessor at least thirty (30) days prior to the Temporary Roads 1 and 2, as well as the full and complete name of each insurance company, the policy number, the type of insurance, its effective date and its expiration date. Such certificate shall provide that in the event of cancellation, non-renewal or material modification reduction in coverage (including any material reduction of limits of liability), the insurer will provide thirty (30) days prior written notice of any such policies. Upon execution hereofcancellation, and periodically thereafter, including upon renewal, as required non-renewal or material reduction by certified mail to demonstrate that insurance coverage is in effect, Lessee shall provide to Lessor, certified copies of all certificates with respect to insurance required under this Section 14, stating the name of insurance company, policy number, expiration date, that Lessor is named as additional insured and loss payee (where applicable), and the coverage and limits of liability with respect to each such insurance policy, all in a form reasonably acceptable to LessorXXXX. All dollar amounts expressed in this Section 14 or approved by Lessor shall coverage outlined above will be updated every five (5) years based included on the then-current market conditions. Lessee shall not make adjustments in amounts greater than $100,000 with insurers except with Lessor’s prior written consent and hereby appoints Lessor as Lessee’s attorney-in-fact to receive payment certificate of and to endorse all checks, drafts and other documents and to take any other actions necessary to pursue insurance claims and recover payments pursuant to the insurance policies required hereunder if Lessee fails to do so (this power being coupled with an interest and irrevocable for the term of this Lease). Lessee shall promptly notify Lessor of any occurrence which may become the basis of a claim and shall provide Lessor with all requested pertinent datainsurance.

Additional Insurance Provisions. All policies shall include Lessor and such other parties as Lessor may designate and their respective officers, directors, partners, employees, agents, and consultants as loss payees and additional insureds to the insurance policies described below (excluding the Liability and Workers’ Compensation Policies). The insurance coverage afforded under the policies described herein shall be primary and non-contributing with respect to any insurance carried independently by the additional insureds. All such insurance policies shall indicate that as respects the insureds (whether named or otherwise), cross-liability and severability of interests shall exist for all coverages provided thereunder. All policies of insurance required under this by Section 14 16.1 shall be written on primary, shall (other than for workmen's compensation insurance) name Landlord as an “occurrence” basis except as otherwise agreed by Lessor in its sole and absolute discretion. The insurance specified below additional named insured, shall be placed obtained and maintained from and with reputable and financially sound insurance companies authorized to issue such insurance in the state in which the Premises are located, shall at all times be subject to only such deductible amounts as may be reasonably acceptable to Lessor (which companies shallLandlord and shall provide that the proceeds thereof shall be payable to Landlord and Tenant, as their interests may appear, and if Landlord so requests shall also be payable to any contract purchaser of the Premises and/or any interest holder, as the interest of such purchaser or holder appears, pursuant to a standard named insured or mortgagee clause. A deductible amount of $100,000.00 or less is acceptable to Landlord; however, higher deductibles may be utilized upon the prior written approval of both Landlord and Tenant. All insurance coverages required as herein set fo1th shall be obtained at the sole cost and expense of Tenant and all deductibles, premium payments, self-insured retentions or claims fees shall be assumed by Tenant. Tenant shall not, on Tenant's own initiative or pursuant to request or requirement of any third party, take out separate insurance concurrent in form or contributing in the event of loss with that required in Section 16.1 hereof, unless Landlord is named therein as an additional insured with loss payable. Tenant shall immediately notify Landlord whenever any such separate insurance is taken out and shall deliver to Landlord original certificates evidencing the same. Notwithstanding the foregoing, at such times as Tenant and Guarantor, on a minimumcombined basis, have a rating tangible net worth reasonably determined by Landlord to exceed $100,000,000.00, Tenant shall have the right to carry the coverages required hereunder via a program of “B+10” self-insurance or better by A.M. Best Company unless otherwise agreed by Lessor), in the form of a blanket policy for the risks and in the minimum amounts specified herein. Each policy required under Section 16.1 shall incorporate a provision requiring the giving of notice to Lessor have attached thereto (a) an endorsement that such policy shall not be canceled or materially changed without at least thirty (30) days days' prior written notice to Landlord, and (b) an endorsement to the cancellation, non-renewal effect that the insurance as to the interest of Landlord shall not be invalidated by any act or material modification neglect of any such policiesLandlord or Tenant. Upon execution hereof, and periodically thereafter, including upon renewal, as required to demonstrate that insurance coverage is in effect, Lessee shall provide to Lessor, certified copies of all certificates with respect to insurance required under this Section 14, stating the name All policies of insurance company, policy number, expiration date, that Lessor is named as additional insured shall be written by companies with a rating of not less than "A" and loss payee financial size of not less than Class VIII in the current "Bests Insurance Reports" (where applicable), or if such ratings are not available reasonably satisfactory to Landlord) and licensed in the coverage and limits state in which the Premises are located. Such certificates of liability with respect to each such insurance policy, all shall be in a form reasonably acceptable to LessorLandlord, shall be delivered to Landlord upon commencement of the term and prior to expiration of such policy, new ce1tificates of insurance, shall be delivered to Landlord not less than ten (10) days prior to the expiration of the then current policy term. All dollar amounts expressed insurance required to be provided by Tenant under this Lease shall release Landlord from any claims for damage to any person or the Premises and the Project, and to Tenant's fixtures, personal property, improvements and alterations in this Section 14 or approved by Lessor shall be updated every five (5) years based on the then-current market conditions. Lessee shall Premises or the Project, caused by or resulting from risks insured against under any insurance policy carried by Tenant in force at the time of such damage, except for those damages for which Tenant is not make adjustments in amounts greater than $100,000 with insurers except with Lessor’s prior written consent and hereby appoints Lessor as Lessee’s attorney-in-fact required to receive payment of and to endorse all checks, drafts and other documents and to take any other actions necessary to pursue insurance claims and recover payments indemnify Landlord pursuant to the insurance policies required hereunder if Lessee fails to do so (this power being coupled with an interest and irrevocable for the term of this Lease). Lessee shall promptly notify Lessor of any occurrence which may become the basis of a claim and shall provide Lessor with all requested pertinent dataSection 15 above.

Additional Insurance Provisions. On or before the later of (a) sixty (60) days after the Execution Date and (b) the date immediately preceding commencement of construction of the Facility, and again within a reasonable time after coverage is renewed or replaced, Seller shall furnish to Buyer certificates of insurance evidencing the coverage required above, written on forms and with deductibles reasonably acceptable to Buyer. Notwithstanding the foregoing sentence, Seller shall in no event furnish Buyer certificates of insurance evidencing required coverage later than the Commercial Operation Date. All policies deductibles, co-insurance and self-insured retentions applicable to the insurance above must be paid by Seller. All certificates of insurance must note that the insurers issuing coverage must endeavor to provide Buyer with at least thirty (30) days’ prior written notice in the event of cancellation of coverage. Buyer’s receipt of certificates that do not comply with the requirements stated in this Section 10.2.1, or Seller’s failure to provide such certificates, do not limit or relieve Seller of the duties and responsibility of maintaining insurance in compliance with the requirements in this Section 10 and do not constitute a waiver of any of the requirements of Section 10. Insurance coverage described above in Section 10.1 shall include Lessor provide for thirty (30) days written Notice to Buyer prior to cancellation, termination, alteration, or material change of such insurance. Evidence of coverage described above in Section 10.1 shall state that coverage provided in primary and is not excess to or contributing with any insurance or self-insurance maintained by Buyer. Buyer shall have the right to inspect or obtain a copy of the original policy(ies) of insurance. All insurance certificates, endorsements, cancellations, terminations, alterations, and material changes of such insurance must be issued, clearly labeled with this Agreement’s identification number and submitted in accordance with Section 9 and Appendix J. The insurance requirements set forth in Section 10.1 will apply as primary insurance to, without a right of contribution from, any other parties as Lessor may designate insurance maintained by or afforded to Buyer, its subsidiaries and Affiliates, and their respective officers, directors, partners, employeesshareholders, agents, and consultants employees, regardless of any conflicting provision in Seller's policies to the contrary. To the extent permitted by Law, Seller and its insurers shall be required to waive all rights of recovery from or subrogation against Buyer, its subsidiaries and Affiliates, and their respective officers, directors, shareholders, agents, employees and insurers. The commercial general liability insurance required in Section 10.1.1 and the umbrella/excess liability insurance required in Section 10.1.4 must name Buyer, its subsidiaries and Affiliates, and their respective officers, directors, shareholders, agents and employees, as loss payees and additional insureds for liability arising out of Seller’s construction, use or ownership of the Facility. Seller shall remain liable for all acts, omissions or default of any subcontractor or subsupplier and shall indemnify, defend and hold harmless Buyer for any and all loss or damages, as well as all costs, charges and expenses which Buyer may suffer, incur, or bear as a result of any acts, omissions or default by or on behalf of any subcontractor or subsupplier. If Seller fails to comply with any of the insurance policies described below (excluding the Liability provisions of this Section 10, Seller, among other things and Workers’ Compensation Policies). The insurance coverage afforded without restricting Buyer’s remedies under the policies described herein shall be primary and non-contributing with respect to any insurance carried independently by the additional insureds. All such insurance policies shall indicate that as respects the insureds (whether named Law or otherwise), cross-liability and severability of interests shall exist for all coverages provided thereunder. All policies of insurance required under this Section 14 shall be written on an “occurrence” basis except as otherwise agreed by Lessor in its sole and absolute discretion. The insurance specified below shall be placed with insurance companies reasonably acceptable to Lessor (which companies shall, at a minimumits own cost, have a rating act as an insurer and provide insurance in accordance with the terms and conditions of “B+10” or better by A.M. Best Company unless otherwise agreed by Lessor)this Section 10. With respect to the required commercial general liability insurance set forth in Section 10.1.1, umbrella/excess liability insurance set forth in Section 10.1.4, and commercial automobile liability insurance set forth in Section 10.1.3, Seller shall incorporate provide a provision requiring the giving of notice current, full and complete defense to Lessor at least thirty (30) days prior to the cancellationBuyer, non-renewal or material modification of any such policies. Upon execution hereofits subsidiaries and Affiliates, and periodically thereaftertheir respective officers, including upon renewaldirectors, as required to demonstrate that insurance coverage is in effectshareholders, Lessee shall provide to Lessoragents, certified copies of all certificates with respect to insurance required under this Section 14employees, stating the name of insurance company, policy number, expiration date, that Lessor is named as additional insured and loss payee (where applicable)assigns, and successors in interest, in response to a third party claim in the coverage same manner that an insurer with an A.M. Best’s Insurance Rating of A-:VII would have, had the insurance been maintained in accordance with the terms and limits of liability with respect to each such insurance policy, all in a form reasonably acceptable to Lessor. All dollar amounts expressed conditions set forth in this Section 14 or approved by Lessor shall be updated every five (5) years based on 10 and given the then-current market conditions. Lessee shall not make adjustments required additional insured wording in amounts greater than $100,000 with insurers except with Lessor’s prior written consent the commercial general liability insurance and hereby appoints Lessor as Lessee’s attorney-in-fact to receive payment of umbrella/excess liability insurance, and to endorse all checks, drafts and other documents and to take any other actions necessary to pursue insurance claims and recover payments pursuant to the insurance policies required hereunder if Lessee fails to do so (this power being coupled with standard “Who is an interest and irrevocable for the term of this Lease). Lessee shall promptly notify Lessor of any occurrence which may become the basis of a claim and shall provide Lessor with all requested pertinent dataInsured” provision in commercial automobile liability form.