Common use of Company Insurance Clause in Contracts

Company Insurance. During the Term, the Company will maintain or cause to be maintained at all times, with financially responsible insurers approved to do business in the state in which the Leased Property is located (i) commercial general liability insurance (which includes contractual liability coverage for written contracts) insuring against loss or liability caused by Company’s occupation and use of the Leased Property under this Lease, in an amount not less than $1,000,000 each occurrence and $2,000,000 annual aggregate, with a commercially reasonable deductible; (ii) automobile liability insurance insuring against loss or liability arising from the Company’s use of all owned (if any), non-owned and hired automobiles that are used on the Leased Property, in an amount not less than $1,000,000.00 combined single limit per occurrence, with a commercially reasonable deductible; (iii) if Company has any employees then Company shall maintain worker’s compensation insurance in an amount not less than the statutory limits; and (iv) if Company has any employees, employer’s liability insurance in an amount not less than $1,000,000.00 with a commercially reasonable deductible; and (v) an Umbrella liability coverage at least as broad as and in excess of the underlying coverages required in items (i), (ii) and (iv) of this Section 13.3 and in an amount of not less than $5,000,000.00 each occurrence and in the aggregate. Company shall cause Landowner to be named as an additional insured in such policies (but excluding the worker’s compensation / Employer’s Liability policy). Company’s insurance shall be primary to and will not seek contribution from any other insurance available to Landowner as an additional insured under Company’s insurance policies. All such policies shall expressly waive any right of subrogation on the part of the insurer against Landowner. Any insurance required under this Section 13.3 may be subject to reasonable deductibles as are usually carried by companies of similar financial condition operating similar properties. Company’s commercial property insurance may be included under a blanket policy or policies covering the Solar Facility and other property and assets not located on the Leased Property. Company shall provide ten (10) days’ written notice to Landowner prior to cancellation, termination, or change in coverage, scope or amount of any such policy. Prior to commencement of the term thereof and thereafter as requested by Landowner, Company shall provide Landowner with a true and correct copy of all such policies or a certificate of insurance reflecting the coverage required hereby, together with satisfactory evidence showing that all premiums have been paid.

Company Insurance. During Subject to Section 7.3, for the Termduration of Indemnitee’s service as a director and/or officer of the Company, and thereafter for so long as Indemnitee shall be subject to any pending or possible Proceeding, the Company will maintain or shall use commercially reasonable efforts (taking into account the scope and amount of coverage available relative to the cost thereof) to cause to be maintained at all times, with financially responsible insurers approved to do business in the state in which the Leased Property is located (i) commercial general effect policies of directors’ and officers’ liability insurance (which includes contractual liability providing coverage for written contracts) insuring against loss or liability caused directors and/or officers of the Company that is at least substantially comparable in scope and amount to that provided by the Company’s occupation current policies of directors’ and use officers’ liability insurance. The minimum AM Best rating for the insurance carriers of the Leased Property under this Lease, in an amount such insurance carrier shall be not less than $1,000,000 each occurrence A- VI. At the Indemnitee’s request (provided that Indemnitee is a director of the Company), the Company shall arrange an annual review of the directors’ and $2,000,000 annual aggregateofficers’ liability insurance coverage by an independent insurance adviser, with a commercially reasonable deductible; (ii) automobile liability insurance insuring against loss or liability all fees and charges arising from such review to be met by the Company’s use of all owned (if any), non-owned and hired automobiles that are used on . If the Leased Property, in an amount not less than $1,000,000.00 combined single limit per occurrence, with Indemnitee is a commercially reasonable deductible; (iii) if Company has any employees then Company shall maintain worker’s compensation insurance in an amount not less than the statutory limits; and (iv) if Company has any employees, employer’s liability insurance in an amount not less than $1,000,000.00 with a commercially reasonable deductible; and (v) an Umbrella liability coverage at least as broad as and in excess director of the underlying coverages required in items (i)Company, (ii) and (iv) of this Section 13.3 and in an amount of not less than $5,000,000.00 each occurrence and in the aggregate. Company shall cause Landowner to be named as an additional insured in such policies (but excluding the worker’s compensation / Employer’s Liability policy). Company’s insurance shall be primary to and will not seek contribution from any other insurance available to Landowner as an additional insured under Company’s insurance policies. All such policies shall expressly waive any right of subrogation on the part of the insurer against Landowner. Any insurance required under this Section 13.3 may be subject to reasonable deductibles as are usually carried by companies of similar financial condition operating similar properties. Company’s commercial property insurance may be included under a blanket policy or policies covering the Solar Facility and other property and assets not located on the Leased Property. Company shall provide ten (10) daysIndemnitee with a copy of all directors’ written notice and officers’ liability insurance applications, binders, policies, declarations, endorsements and other related materials, and shall provide Indemnitee with a reasonable opportunity to Landowner prior review and comment on the same. Without limiting the generality or effect of the requirement to cancellationuse commercially reasonable efforts to obtain insurance and give directors and chance to review the proposal, termination, the Company shall not discontinue or change in coverage, significantly reduce the scope or amount of coverage from one policy period to the next (i) without the prior approval thereof by a majority vote of the Incumbent Directors, even if less than a quorum, or (ii) if at the time that any such policy. Prior to commencement discontinuation or significant reduction in the scope or amount of coverage is proposed there are no Incumbent Directors, without the term thereof and thereafter as requested by Landowner, Company prior written consent of Indemnitee (which consent shall provide Landowner with a true and correct copy of all such policies not be unreasonably withheld or a certificate of insurance reflecting the coverage required hereby, together with satisfactory evidence showing that all premiums have been paiddelayed).

Company Insurance. During At all times during the Term, the Company will maintain or cause to be maintained at all times, with financially responsible insurers approved to do business in the state in which the Leased Property is located (i) commercial general liability insurance (which includes contractual liability coverage for written contracts) insuring against loss or liability caused by Company’s occupation and use of the Leased Property under this Lease, in an amount not less than $1,000,000 each occurrence and $2,000,000 annual aggregate, with a commercially reasonable deductible; (ii) automobile liability insurance insuring against loss or liability arising from the Company’s use of all owned (if any), non-owned and hired automobiles that are used on the Leased Property, in an amount not less than $1,000,000.00 combined single limit per occurrence, with a commercially reasonable deductible; (iii) if Company has any employees employees, then Company shall maintain worker’s compensation insurance in an amount not less than the statutory limits; and (iv) if Company has any employees, employer’s liability insurance as required by any applicable laws or regulations and in any case, in an amount not less than $1,000,000.00 with a commercially reasonable deductible; and (v) an Umbrella liability coverage at least as broad as and in excess of the underlying coverages required in items (i), (ii) and (iv) of this Section 13.3 and in an amount of not less than $5,000,000.00 10,000,000.00 each occurrence and in the aggregate. Company shall cause Landowner to be named as an additional insured in such policies (but excluding the worker’s compensation / Employeremployer’s Liability liability policy). Company’s insurance shall be primary to and will not seek contribution from any other insurance available to Landowner as an additional insured under Company’s insurance policies. All such policies shall expressly waive any right of subrogation on the part of the insurer against Landowner. Any insurance required under this Section 13.3 may be subject to reasonable deductibles as are usually carried by companies of similar financial condition operating similar properties. Company’s commercial property insurance may be included under a blanket policy or policies covering the Solar Facility and other property and assets not located on the Leased Property. Company shall provide not less than ten (10) days’ written notice to Landowner prior to cancellation, termination, or change in coverage, scope or amount of any such policy. Prior to commencement of the term thereof and annually thereafter as requested by Landowneron the date that Rent is due and payable, Company shall provide Landowner with a true and correct copy of all such policies or a certificate of insurance reflecting the coverage required hereby, together with satisfactory evidence showing that all premiums have been paid.