Common use of Establishment of Fund Clause in Contracts

Establishment of Fund. The GRANTOR and the TRUSTEE hereby establish a standby trust fund, hereafter the "FUND," for the benefit of any and all third parties injured or damaged by [sudden and/or non-sudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of [insert here up to $1 million] per occurrence and [insert here up to $2 million] annual aggregate for sudden accidental occurrences and [insert here up to $3 million] per occurrence and [insert here up to $6 million] annual aggregate for non-sudden occurrences, except that the FUND is not established for the benefit of third parties for the following: (a) Bodily injury or property damage for which [insert GRANTOR] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert GRANTOR] would be obligated to pay in the absence of the contract or agreement. (b) Any obligation of [insert GRANTOR] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law. (c) Bodily injury to: (1) An employee of [insert GRANTOR] arising from, and in the course of, employment by [insert GRANTOR]; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert GRANTOR]. This exclusion applies: (A) Whether [insert GRANTOR] may be liable as an employer or in any other capacity; and (B) To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied by [insert GRANTOR]; (2) Premises that are sold, given away or abandoned by [insert GRANTOR] if the property damage arises out of any part of those premises; (3) Property loaned by [insert GRANTOR]; (4) Personal property in the care, custody or control of [insert GRANTOR]; (5) That particular part of real property on which [insert GRANTOR] or any contractors or subcontractors working directly or indirectly on behalf of [insert GRANTOR] are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage. The FUND is established initially as consisting of the proceeds of the letter of credit deposited into the FUND. Such proceeds and any other property subsequently transferred to the TRUSTEE is referred to as the FUND, together with all earnings and profits thereon, less any payments or distributions made by the TRUSTEE pursuant to this AGREEMENT. The FUND shall be held by the TRUSTEE, IN TRUST, as hereinafter provided. The TRUSTEE shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the GRANTOR, any payments necessary to discharge any liabilities of the GRANTOR established by the Director, Division of Waste Management and Radiation Control ( the DIRECTOR) of the State of Utah.

Establishment of Fund. The GRANTOR Grantor and the TRUSTEE Trustee hereby establish a standby trust fund, hereafter hereinafter the "FUND“Fund," ” for the benefit of any and all third parties injured or damaged by [sudden and/or non-suddennonsudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of ______ [insert here up to $1 million] per occurrence and ______ [insert here up to $2 million] annual aggregate for sudden accidental occurrences and ______ [insert here up to $3 million] per occurrence and ______ [insert here up to $6 million] annual aggregate for non-sudden nonsudden occurrences, except that the FUND Fund is not established for the benefit of third parties for the following: (a) Bodily injury or property damage for which [insert GRANTORGrantor] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert GRANTORGrantor] would be obligated to pay in the absence of the contract or agreement. (b) Any obligation of [insert GRANTORGrantor] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law. (c) Bodily injury to: (1) An employee of [insert GRANTORGrantor] arising from, and in the course of, employment by [insert GRANTORGrantor]; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert GRANTORGrantor]. This exclusion applies: (A) Whether [insert GRANTORGrantor] may be liable as an employer or in any other capacity; and (B) To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied by [insert GRANTORGrantor]; (2) Premises that are sold, given away or abandoned by [insert GRANTORGrantor] if the property damage arises out of any part of those premises; (3) Property loaned by to [insert GRANTORGrantor]; (4) Personal property in the care, custody or control of [insert GRANTORGrantor]; (5) That particular part of real property on which [insert GRANTORGrantor] or any contractors or subcontractors working directly or indirectly on behalf of [insert GRANTORGrantor] are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "“primary" ” or "“excess"”] coverage. The FUND Fund is established initially as consisting of the proceeds of property, which is acceptable to the letter of credit deposited into the FUNDTrustee, described in Schedule B attached hereto. Such proceeds property and any other property subsequently transferred to the TRUSTEE Trustee is referred to as the FUNDFund, together with all earnings and profits thereon, less any payments or distributions made by the TRUSTEE Trustee pursuant to this AGREEMENTAgreement. The FUND Fund shall be held by the TRUSTEETrustee, IN TRUST, as hereinafter provided. The TRUSTEE Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the GRANTORGrantor, any payments necessary to discharge any liabilities of the GRANTOR Grantor established by the Director, Division of Waste Management and Radiation Control ( the DIRECTOR) of the State of UtahNJDEP.

Establishment of Fund. The GRANTOR Grantor and the TRUSTEE Trustee hereby establish a standby trust fund, hereafter the "FUND“Fund," ” for the benefit of any and all third parties injured or damaged by [sudden and/or non-suddennonsudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of ______ [insert here up to $1 million] per occurrence and ______ [insert here up to $2 million] annual aggregate for sudden accidental occurrences and ______ [insert here up to $3 million] per occurrence and ______ [insert here up to $6 million] annual aggregate for non-sudden nonsudden occurrences, except that the FUND Fund is not established for the benefit of third parties for the following: (a) Bodily injury or property damage for which [insert GRANTORGrantor] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert GRANTORGrantor] would be obligated to pay in the absence of the contract or agreement. (b) Any obligation of [insert GRANTORGrantor] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law. (c) Bodily injury to: (1) An employee of [insert GRANTORGrantor] arising from, and in the course of, employment by [insert GRANTORGrantor]; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert GRANTORGrantor]. This exclusion applies: (A) Whether [insert GRANTORGrantor] may be liable as an employer or in any other capacity; and (B) To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied by [insert GRANTORGrantor]; (2) Premises that are sold, given away or abandoned by [insert GRANTORGrantor] if the property damage arises out of any part of those premises; (3) Property loaned by [insert GRANTORGrantor]; (4) Personal property in the care, custody or control of [insert GRANTORGrantor]; (5) That particular part of real property on which [insert GRANTORGrantor] or any contractors or subcontractors working directly or indirectly on behalf of [insert GRANTORGrantor] are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "“primary" ” or "“excess"”] coverage. The FUND Fund is established initially as consisting of the proceeds of the letter of credit deposited into the FUNDFund. Such proceeds and any other property subsequently transferred to the TRUSTEE Trustee is referred to as the FUNDFund, together with all earnings and profits thereon, less any payments or distributions made by the TRUSTEE Trustee pursuant to this AGREEMENTAgreement. The FUND Fund shall be held by the TRUSTEETrustee, IN TRUST, as hereinafter provided. The TRUSTEE Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the GRANTORGrantor, any payments necessary to discharge any liabilities of the GRANTOR Grantor established by the Director, Division of Waste Management and Radiation Control ( the DIRECTOR) of the State of UtahNJDEP.

Establishment of Fund. The GRANTOR Grantor and the TRUSTEE Trustee hereby establish a standby trust fund, hereafter hereinafter the "FUNDFund," for the benefit of any and all third parties injured or damaged by [sudden and/or non-sudden] , nonsudden accidental occurrences arising from operation of the facility(iesfacility(ies)/TTU(s) covered by this guaranteeGuarantee, in the amounts of [insert here of: Per occurrence Annual aggregate Sudden accidental occurrences $ $ up to $1 million] per occurrence and [insert here one million dollars up to $2 million] annual aggregate for sudden two million dollars Nonsudden accidental occurrences and [insert here $ $ up to $3 million] per occurrence and [insert here three million dollars up to $6 million] annual aggregate for non-sudden occurrences, six million dollars except that the FUND Fund is not established for the benefit of third parties for the following: (a) Bodily injury or property damage for which [insert GRANTOR] Grantor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert GRANTOR] Grantor would be obligated to pay in the absence of the contract or agreement. (b) Any obligation of [insert GRANTOR] Grantor under a workers' compensation, disability benefitsbenefit, or unemployment compensation law or any similar law. (c) Bodily injury to: (1) An employee of [insert GRANTOR] Grantor arising from, and in the course of, employment by [insert GRANTOR]Grantor; or (2) The spouse, child, parent, brother brother, or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert GRANTOR]Xxxxxxx. This exclusion applies: (A) Whether [insert GRANTOR] Grantor may be liable as an employer or in any other capacity; and (B) To any obligation to share damages with or repay another person who must shall pay damages because of the injury to persons identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising out of the ownership, maintenance, use, use or entrustment to others of any aircraft, motor vehicle or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied by [insert GRANTOR]Grantor; (2) Premises that are sold, given away or abandoned by [insert GRANTOR] Grantor if the property damage arises out of any part of those premises; (3) Property loaned by [insert GRANTOR]to Grantor; (4) Personal property in the care, custody or control of [insert GRANTOR]Grantor; (5) That particular part of real property on which [insert GRANTOR] Grantor or any contractors or subcontractors working directly or indirectly on behalf of [insert GRANTOR] Grantor are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] primary excess coverage. The FUND Fund is established initially as consisting of the proceeds of property, which is acceptable to the letter of credit deposited into the FUNDTrustee, described in Schedule B attached hereto. Such proceeds property and any other property subsequently transferred to the TRUSTEE Trustee is referred to as the FUNDFund, together with all earnings and profits thereon, less any payments or distributions made by the TRUSTEE Trustee pursuant to this AGREEMENTAgreement. The FUND Fund shall be held by the TRUSTEETrustee, IN TRUST, as hereinafter provided. The TRUSTEE Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the GRANTORGrantor, any payments necessary to discharge any liabilities for of the GRANTOR Grantor established by the Director, Division of Waste Management and Radiation Control ( the DIRECTOR) of the State of UtahBeneficiary.

Establishment of Fund. The GRANTOR and the TRUSTEE hereby establish a standby trust fund, hereafter hereinafter the "FUND," for the benefit of any and all third parties injured or damaged by [sudden and/or non-sudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of [insert here up to $1 million] per occurrence and [insert here up to $2 million] annual aggregate for sudden accidental occurrences and [insert here up to $3 million] per occurrence and [insert here up to $6 million] annual aggregate for non-sudden nonsudden occurrences, except that the FUND is not established for the benefit of third parties for the following: (a) Bodily injury or property damage for which [insert GRANTOR] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert GRANTOR] would be obligated to pay in the absence of the contract or agreement. (b) Any obligation of [insert GRANTOR] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law. (c) Bodily injury to: (1) An employee of [insert GRANTOR] arising from, and in the course of, employment by [insert GRANTOR]; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert GRANTOR]. This exclusion applies: (A) Whether [insert GRANTOR] may be liable as an employer or in any other capacity; and (B) To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied by [insert GRANTOR]; (2) Premises that are sold, given away or abandoned by [insert GRANTOR] if the property damage arises out of any part of those premises; (3) Property loaned by [insert GRANTOR]; (4) Personal property in the care, custody or control of [insert GRANTOR]; (5) That particular part of real property on which [insert GRANTOR] or any contractors or subcontractors working directly or indirectly on behalf of [insert GRANTOR] are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage. The FUND is established initially as consisting of the proceeds of property, which is acceptable to the letter of credit deposited into the FUNDTRUSTEE, described in SCHEDULE B attached hereto. Such proceeds property and any other property subsequently transferred to the TRUSTEE is referred to as the FUND, together with all earnings and profits thereon, less any payments or distributions made by the TRUSTEE pursuant to this AGREEMENT. The FUND shall be held by the TRUSTEE, IN TRUST, as hereinafter provided. The TRUSTEE shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the GRANTOR, any payments necessary to discharge any liabilities of the GRANTOR established by the Director, Division of Waste Management and Radiation Control ( (the DIRECTOR) of the State of Utah.

Establishment of Fund. The GRANTOR and the TRUSTEE hereby establish a standby trust fund, hereafter hereinafter the "FUND," for the benefit of any and all third parties injured or damaged by [sudden and/or non-sudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of [insert here up to $1 million] per occurrence and [insert here up to $2 million] annual aggregate for sudden accidental occurrences and [insert here up to $3 million] per occurrence and [insert here up to $6 million] annual aggregate for non-sudden nonsudden occurrences, except that the FUND is not established for the benefit of third parties for the following: (a) Bodily injury or property damage for which [insert GRANTOR] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert GRANTOR] would be obligated to pay in the absence of the contract or agreement. (b) Any obligation of [insert GRANTOR] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law. (c) Bodily injury to: (1) An employee of [insert GRANTOR] arising from, and in the course of, employment by [insert GRANTOR]; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert GRANTOR]. This exclusion applies: (A) Whether [insert GRANTOR] may be liable as an employer or in any other capacity; and (B) To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied by [insert GRANTOR]; (2) Premises that are sold, given away or abandoned by [insert GRANTOR] if the property damage arises out of any part of those premises; (3) Property loaned by [insert GRANTOR]; (4) Personal property in the care, custody or control of [insert GRANTOR]; (5) That particular part of real property on which [insert GRANTOR] or any contractors or subcontractors working directly or indirectly on behalf of [insert GRANTOR] are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage. The FUND is established initially as consisting of the proceeds of property, which is acceptable to the letter of credit deposited into the FUNDTRUSTEE, described in SCHEDULE B attached hereto. Such proceeds property and any other property subsequently transferred to the TRUSTEE is referred to as the FUND, together with all earnings and profits thereon, less any payments or distributions made by the TRUSTEE pursuant to this AGREEMENT. The FUND shall be held by the TRUSTEE, IN TRUST, as hereinafter provided. The TRUSTEE shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the GRANTOR, any payments necessary to discharge any liabilities of the GRANTOR established by the Director, Division of Solid and Hazardous Waste Management and Radiation Control ( (the DIRECTOR) of the State of Utah.

Establishment of Fund. The GRANTOR Grantor and the TRUSTEE Trustee hereby establish a standby trust fund, hereafter hereinafter the "FUNDFund," for the benefit of any and all third parties injured or damaged by [sudden and/or non-suddennonsudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of $ __________ [insert here up to $1 million] per occurrence and $ __________ [insert here up to $2 million] annual aggregate for sudden accidental occurrences and $ __________ [insert here up to $3 million] per occurrence and $ __________ [insert here up to $6 million] annual aggregate for non-sudden nonsudden occurrences, except that the FUND Fund is not established for the benefit of third parties for the following: (a) Bodily injury or property damage for which [insert GRANTORGrantor] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert GRANTORGrantor] would be obligated to pay in the absence of the contract or agreement. (b) Any obligation of [insert GRANTORGrantor] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law. (c) Bodily injury to: (1) An employee of [insert GRANTORGrantor] arising from, and in the course of, employment by [insert GRANTORGrantor]; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert GRANTORGrantor]. This exclusion applies: (A) Whether [insert GRANTORGrantor] may be liable as an employer or in any other capacity; and (B) To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied by [insert GRANTORGrantor]; (2) Premises that are sold, given away or abandoned by [insert GRANTORGrantor] if the property damage arises out of any part of those premises; (3) Property loaned by to [insert GRANTORGrantor]; (4) Personal property in the care, custody or control of [insert GRANTORGrantor]; (5) That particular part of real property on which [insert GRANTORGrantor] or any contractors or subcontractors working directly or indirectly on behalf of [insert GRANTORGrantor] are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage. The FUND Fund is established initially as consisting of the proceeds of property, which is acceptable to the letter of credit deposited into the FUNDTrustee, described in Schedule B attached hereto. Such proceeds property and any other property subsequently transferred to the TRUSTEE Trustee is referred to as the FUNDFund, together with all earnings and profits thereon, less any payments or distributions made by the TRUSTEE Trustee pursuant to this AGREEMENTAgreement. The FUND Fund shall be held by the TRUSTEETrustee, IN TRUST, as hereinafter provided. The TRUSTEE Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the GRANTORGrantor, any payments necessary to discharge any liabilities of the GRANTOR Grantor established by the Director, Division of Waste Management and Radiation Control ( the DIRECTOR) of the State of UtahEPD.

Establishment of Fund. The GRANTOR Grantor and the TRUSTEE Trustee hereby establish a standby trust fund, hereafter hereinafter the "FUNDFund," for the benefit of any and all third parties injured or damaged by [sudden and/or or non-sudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of [insert here up to $1 million] per occurrence and [insert here up to $2 million] annual aggregate for sudden accidental occurrences and [insert here up to $3 million] per occurrence and [insert here up -[up to $6 million] annual aggregate for non-sudden occurrences, except that the FUND Fund is not established for the benefit of third parties for the following: (a) Bodily injury or property damage for which [insert GRANTORGrantor] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert GRANTORGrantor] would be obligated to pay in the absence of the contract or agreement. (b) Any obligation of [insert GRANTORGrantor] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law. (c) Bodily injury to: (1) An employee of [insert GRANTORGrantor] arising from, and in the course of, employment by [insert GRANTORGrantor]; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert GRANTORGrantor]. This exclusion applies: (A) Whether [insert GRANTORGrantor] may be liable as an employer or in any other capacity; and (B) To any obligation to share damages with or repay another person who must shall pay damages because of the injury to persons identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied by [insert GRANTORGrantor]; (2) Premises that are sold, given away or abandoned by [insert GRANTORGrantor] if the property damage arises out of any part of those premises; (3) Property loaned by to [insert GRANTORGrantor]; (4) Personal property in the care, custody or control of [insert GRANTORGrantor]; (5) That particular part of real property on which [insert GRANTORGrantor] or any contractors or subcontractors working directly or indirectly on behalf of [insert GRANTORGrantor] are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund Fund shall be considered [insert "primary" or "excess"] coverage. The FUND Fund is established initially as consisting of the proceeds of property, which is acceptable to the letter of credit deposited into the FUNDTrustee, described in Schedule B attached hereto. Such proceeds property and any other property subsequently transferred to the TRUSTEE Trustee is referred to as the FUNDFund, together with all earnings and profits thereon, less any payments or distributions made by the TRUSTEE Trustee pursuant to this AGREEMENTAgreement. The FUND Fund shall be held by the TRUSTEETrustee, IN TRUST, as hereinafter provided. The TRUSTEE Trustee shall not be responsible nor shall it the Trustee undertake any responsibility for the amount or adequacy of, nor any duty to collect from the GRANTORGrantor, any payments necessary to discharge any liabilities of the GRANTOR Grantor established by the Director, Division of Waste Management and Radiation Control ( the DIRECTOR) of the State of Utah.by

Establishment of Fund. The GRANTOR Grantor and the TRUSTEE Trustee hereby establish a standby trust fund, hereafter the "FUNDFund," for the benefit of any and all third parties injured or damaged by [sudden and/or or non-sudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of [insert here up ---------[up to $1 million] per occurrence and [insert here up to $2 million] annual aggregate for sudden accidental occurrences and [insert here up to $3 million] per occurrence and [insert here up to $6 million] annual aggregate for non-sudden occurrences, except that the FUND is not established for the benefit of third parties for the following:and (a) Bodily injury or property damage for which [insert GRANTORGrantor] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert GRANTORGrantor] would be obligated to pay in the absence of the contract or agreement. (b) Any obligation of [insert GRANTORGrantor] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law. (c) Bodily injury to: (1) An employee of [insert GRANTORGrantor] arising from, and in the course of, employment by [insert GRANTORGrantor]; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert GRANTORGrantor]. This exclusion applies: (A) Whether [insert GRANTORGrantor] may be liable as an employer or in any other capacity; and (B) To any obligation to share damages with or repay another person who must shall pay damages because of the injury to persons identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied by [insert GRANTORGrantor]; (2) Premises that are sold, given away or abandoned by [insert GRANTORGrantor] if the property damage arises out of any part of those premises; (3) Property loaned by [insert GRANTORGrantor]; (4) Personal property in the care, custody or control of [insert GRANTORGrantor]; (5) That particular part of real property on which [insert GRANTORGrantor] or any contractors or subcontractors working directly or indirectly on behalf of [insert GRANTORGrantor] are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund Fund shall be considered [insert "primary" or "excess"] coverage. The FUND Fund is established initially as consisting of the proceeds of the letter of credit deposited into the FUNDFund. Such proceeds and any other property subsequently transferred to the TRUSTEE Trustee is referred to as the FUNDFund, together with all earnings and profits thereon, less any payments or distributions made by the TRUSTEE Trustee pursuant to this AGREEMENTAgreement. The FUND Fund shall be held by the TRUSTEETrustee, IN TRUST, as hereinafter provided. The TRUSTEE Trustee shall not be responsible nor shall it the Trustee undertake any responsibility for the amount or adequacy of, nor any duty to collect from the GRANTORGrantor, any payments necessary to discharge any liabilities of the GRANTOR Grantor established by the Director, Division of Waste Management and Radiation Control ( the DIRECTOR) of the State of UtahU.S. EPA.

Establishment of Fund. The GRANTOR and the TRUSTEE hereby establish a standby trust fund, hereafter hereinafter the "FUND," fund", for the benefit of any and all third parties injured or damaged by [sudden and/or non-sudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts amount of [insert here up to $1 million] per occurrence and [insert here up to $2 million] annual aggregate for sudden accidental occurrences and [insert here up to $3 million] per occurrence and [insert here up to $6 million] annual aggregate for non-sudden occurrences, except that the FUND fund is not established for the benefit of third parties for the following: (a) Bodily injury or property damage for which [insert Insert name of GRANTOR] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert Insert name of GRANTOR] would be obligated to pay in the absence of the contract or agreementAGREEMENT. (b) Any obligation of [insert Insert name of GRANTOR] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law. (c) Bodily injury to: (1) An employee of [insert Insert name of GRANTOR] arising xxxxxxx from, and in the course of, employment by [insert Insert name of GRANTOR]] ; or (2) The spouse, child, parent, brother brother, or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert Insert name of GRANTOR]] . This exclusion applies: (A) Whether [insert Insert name of GRANTOR] may be liable as an employer or in any other capacity; and (B) To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle vehicle, or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied abandoned by [insert Insert name of GRANTOR]] ; (2) Premises that are sold, given away away, or abandoned by [insert Insert name of GRANTOR] if the property damage arises out of any part of those premises; (3) Property loaned by to [insert Insert name of GRANTOR]] ; (4) Personal property in the care, custody custody, or control of [insert Insert name of GRANTOR]] ; (5) That particular part of real property on which [insert Insert name of GRANTOR] or any contractors or subcontractors working directly or indirectly on behalf of [insert Insert name of GRANTOR] are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund FUND shall be considered [insert Choose one: "primary" or "excess"] coverage. The FUND is established initially as consisting of the proceeds of property, which is acceptable to the letter of credit deposited into the FUNDTRUSTEE, described in Schedule B attached hereto. Such proceeds property and any other property subsequently transferred to the TRUSTEE is referred to as the FUNDfund, together with all earnings and profits thereon, less any payments or distributions made by the TRUSTEE pursuant to this AGREEMENTagreement. The FUND fund shall be held by the TRUSTEE, IN TRUST, as hereinafter provided. The TRUSTEE shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the GRANTOR, any payments necessary to discharge any liabilities of the GRANTOR established by the Director, Division of Waste Management and Radiation Control ( the DIRECTOR) of the State of UtahDEPARTMENT.

Establishment of Fund. The GRANTOR Grantor and the TRUSTEE Trustee hereby establish a standby trust fund, hereafter hereinafter the "FUNDFund," for the benefit of any and all third parties injured or damaged by [(sudden and/or non-sudden] nonsudden) accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of [insert here (up to $1 million] ) per occurrence and [insert here (up to $2 million] ) annual aggregate for sudden accidental occurrences and [insert here (up to $3 million] ) per occurrence and [insert here up to $6 million] annual aggregate for non-sudden occurrences, except that the FUND is not established for the benefit of third parties for the following:and (aI) Bodily injury or property damage for which [(insert GRANTOR] Grantor) is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [(insert GRANTOR] Grantor) would be obligated to pay in the absence of the contract or agreement. (bII) Any obligation of [(insert GRANTOR] Grantor) under a workers' compensation, disability benefits, or unemployment compensation law or any similar law. (cIII) Bodily injury to: (1) I. An employee of [(insert GRANTOR] Grantor) arising from, and in the course of, employment by [(insert GRANTOR]Grantor); or (2) II. The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [(insert GRANTOR]Grantor). This exclusion applies: A. Whether (Ainsert Grantor) Whether [insert GRANTOR] may be liable as an employer or in any other capacity; and (B) B. To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) subitems I and (2)II. (dIV) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft. (eV) Property damage to: (1) I. Any property owned, rented, or occupied by [(insert GRANTOR]Grantor); (2) II. Premises that are sold, given away or abandoned by [(insert GRANTOR] Grantor) if the property damage arises out of any part of those premises; (3) III. Property loaned by [to (insert GRANTOR]Grantor); (4) IV. Personal property in the care, custody or control of [(insert GRANTOR]Grantor); (5) V. That particular part of real property on which [(insert GRANTOR] Grantor) or any contractors or subcontractors working directly or indirectly on behalf of [(insert GRANTOR] Grantor) are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund shall be considered [(insert "primary" or "excess"] ) coverage. The FUND Fund is established initially as consisting of the proceeds of property, which is acceptable to the letter of credit deposited into the FUNDTrustee, described in Schedule B attached hereto. Such proceeds property and any other property subsequently transferred to the TRUSTEE Trustee is referred to as the FUNDFund, together with all earnings and profits thereon, less any payments or distributions made by the TRUSTEE Trustee pursuant to this AGREEMENTAgreement. The FUND Fund shall be held by the TRUSTEETrustee, IN TRUST, as hereinafter provided. The TRUSTEE Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the GRANTORGrantor, any payments necessary to discharge any liabilities of the GRANTOR Grantor established by the Director, Division of Waste Management and Radiation Control ( the DIRECTOR) of the State of UtahDepartment.

Establishment of Fund. The GRANTOR Grantor and the TRUSTEE Trustee hereby establish a standby trust fund, hereafter the "FUND‘‘Fund," ’’ for the benefit of any and all third parties injured in- jured or damaged by [sudden and/or non-suddennonsud- den] accidental occurrences arising from operation op- eration of the facility(ies) covered by this guarantee, in the amounts of [insert here up llll-[up to $1 million] per occurrence and [insert here up llll-[up to $2 million] annual aggregate for sudden accidental acci- dental occurrences and [insert here up llll-[up to $3 millionmil- lion] per occurrence and [insert here up llll-[up to $6 million] annual aggregate for non-sudden occurrencesnonsudden oc- currences, except that the FUND Fund is not established estab- lished for the benefit of third parties for the following: (a) Bodily injury or property damage for which [insert GRANTORGrantor] is obligated to pay damages by reason of the assumption of liability li- ability in a contract or agreement. This exclusion ex- clusion does not apply to liability for damages dam- ages that [insert GRANTORGrantor] would be obligated to pay in the absence of the contract or agreement. (b) Any obligation of [insert GRANTORGrantor] under a workers' ’ compensation, disability benefits, or unemployment compensation law or any similar law. (c) Bodily injury to: (1) An employee of [insert GRANTORGrantor] arising from, and in the course of, employment by [insert GRANTORGrantor]; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment employ- ment by [insert GRANTORGrantor]. This exclusion applies: (A) Whether [insert GRANTORGrantor] may be liable as an employer or in any other capacity; and (B) To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising aris- ing out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied occu- pied by [insert GRANTORGrantor]; (2) Premises that are sold, given away or abandoned by [insert GRANTORGrantor] if the property prop- erty damage arises out of any part of those premises; (3) Property loaned by [insert GRANTORGrantor]; (4) Personal property in the care, custody or control of [insert GRANTORGrantor]; (5) That particular part of real property on which [insert GRANTORGrantor] or any contractors or subcontractors working directly or indirectly indi- rectly on behalf of [insert GRANTORGrantor] are performing per- forming operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund Fund shall be considered [insert "‘‘primary" ’’ or "‘‘excess"’’] coverage. The FUND Fund is established initially as consisting con- sisting of the proceeds of the letter of credit deposited into the FUNDFund. Such proceeds and any other property subsequently transferred to the TRUSTEE Trustee is referred to as the FUNDFund, together to- gether with all earnings and profits thereon, less any payments or distributions made by the TRUSTEE Trustee pursuant to this AGREEMENTAgreement. The FUND Fund shall be held by the TRUSTEETrustee, IN TRUST, as hereinafter provided. The TRUSTEE Trustee shall not be responsible nor shall it undertake under- take any responsibility for the amount or adequacy of, nor any duty to collect from the GRANTORGrantor, any payments necessary to discharge dis- charge any liabilities of the GRANTOR established Grantor estab- lished by the Director, Division of Waste Management and Radiation Control ( the DIRECTOR) of the State of UtahEPA.

Establishment of Fund. The GRANTOR Grantor and the TRUSTEE Trustee hereby establish a standby trust fund, hereafter hereinafter the "FUND," Fund", for the benefit of any and all third parties injured or damaged by [sudden and/or non-suddennonsudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of per occurrence and [insert here up to $1 million] per occurrence and [insert here up to $2 million] annual aggregate for sudden accidental occurrences and per occurrence and [insert here up to $3 million] per occurrence and [insert here up to $6 million] annual aggregate for non-sudden occurrences, except that the FUND is not established for the benefit of third parties for the following: (a) Bodily injury or property damage for which [insert GRANTOR] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert GRANTORGrantor] would be obligated to pay in the absence of the contract or agreement. (b) Any obligation of [insert GRANTOR] under a workers' compensation, disability benefits, benefits or unemployment compensation law or any similar law. (c) Bodily injury to: (1) An employee of [insert GRANTOR] arising from, and in the course of, employment by [insert GRANTOR]; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert GRANTOR]. This exclusion applies: (A) Whether [insert GRANTOR] may be liable as an employer or in any other capacity; andand [Grantor] (B) To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising out of the ownership, maintenance, use, use or entrustment to others of any aircraft, motor vehicle or watercraft. (e) Property damage to: (1) Any property owned, rented, rented or occupied by [insert GRANTOR]; (2) Premises that are sold, given away or abandoned by [insert GRANTOR] if the property damage arises out of any part of those premises;; [Grantor] (3) Property loaned by [insert GRANTOR]to ; (4) Personal property in the care, custody or control of [insert GRANTOR]; (5) That particular part of real property on which [insert GRANTOR] or any contractors or subcontractors working directly or indirectly on behalf of [insert GRANTOR] are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund shall be considered coverage. [insert "primary" or "excess"] coverage. The FUND Fund is established initially as consisting of the proceeds of property, which is acceptable to the letter of credit deposited into the FUNDTrustee, described in Schedule B attached hereto. Such proceeds property and any other property subsequently transferred to the TRUSTEE Trustee is referred to as the FUNDFund, together with all earnings and profits thereon, less any payments or distributions made by the TRUSTEE Trustee pursuant to this AGREEMENTAgreement. The FUND Fund shall be held by the TRUSTEETrustee, IN TRUST, as hereinafter provided. The TRUSTEE Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the GRANTORGrantor, any payments necessary to discharge any liabilities of the GRANTOR Grantor established by the Director, Division of Waste Management and Radiation Control ( the DIRECTOR) of the State of UtahFDEP.

Establishment of Fund. The GRANTOR Grantor and the TRUSTEE Trustee hereby establish a standby trust fund, hereafter the "FUNDFund," for the benefit of any and all third parties injured or damaged by [sudden and/or non-suddennonsudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of [insert here up to $1 million] per occurrence and [insert here up to $2 million] annual aggregate for sudden accidental occurrences and [insert here up to $3 million] per occurrence and [insert here up to $6 million] annual aggregate for non-sudden occurrences, except that the FUND is not established for the benefit of third parties for the following:and (aI) Bodily injury or property damage for which [insert GRANTORGrantor] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert GRANTORGrantor] would be obligated to pay in the absence of the contract or agreement. (bII) Any obligation of [insert GRANTORGrantor] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law. (cIII) Bodily injury to: (1) I. An employee of [insert GRANTORGrantor] arising from, and in the course of, employment by [insert GRANTORGrantor]; or (2) II. The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert GRANTORGrantor]. This exclusion applies: (A) A. Whether [insert GRANTORGrantor] may be liable as an employer or in any other capacity; and (B) B. To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) subitems I and (2)II. (dIV) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft. (eV) Property damage to: (1) I. Any property owned, rented, or occupied by [insert GRANTORGrantor]; (2) II. Premises that are sold, given away or abandoned by [insert GRANTORGrantor] if the property damage arises out of any part of those premises; (3) III. Property loaned by [insert GRANTORGrantor]; (4) IV. Personal property in the care, custody or control of [insert GRANTORGrantor]; (5) V. That particular part of or real property on which [insert GRANTORGrantor] or any contractors or subcontractors working directly or indirectly on behalf of [insert GRANTORGrantor] are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage. The FUND Fund is established initially as consisting of the proceeds of the letter of credit deposited into the FUNDFund. Such proceeds and any other property subsequently transferred to the TRUSTEE Trustee is referred to as the FUNDFund, together with all earnings and profits thereon, less any payments or distributions made by the TRUSTEE Trustee pursuant to this AGREEMENTAgreement. The FUND Fund shall be held by the TRUSTEETrustee, IN TRUST, as hereinafter provided. The TRUSTEE Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the GRANTORGrantor, any payments necessary to discharge any liabilities of the GRANTOR Grantor established by the Director, Division of Waste Management and Radiation Control ( the DIRECTOR) of the State of UtahBoard.

Establishment of Fund. The GRANTOR Grantor and the TRUSTEE Trustee hereby establish a standby trust fund, hereafter hereinafter the "FUND,Fund" for the benefit of any and all third parties injured or damaged by [sudden and/or non-suddennonsudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of [insert here up to $1 million] per occurrence and [insert here up to $2 million] annual aggregate for sudden accidental occurrences and [insert here up to $3 million] per occurrence and [insert here up to $6 million] annual aggregate for non-sudden occurrences, except that the FUND is not established for the benefit of third parties for the following:and (a) Bodily injury or property damage for which [insert GRANTORGrantor] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert GRANTORGrantor] would be obligated to pay in the absence of the contract or agreement. (b) Any obligation of [insert GRANTORGrantor] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law. (c) Bodily injury to: (1) An employee of [insert GRANTORGrantor] arising from, and in the course of, of employment by [insert GRANTORGrantor]; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of, of or arising from, and in the course of employment by [insert GRANTORGrantor]. This exclusion applies: (A) Whether [insert GRANTORGrantor] may be liable as an employer or in any other capacity; and (B) To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle vehicle, or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied by [insert GRANTORGrantor]; (2) Premises that are sold, given away or abandoned by [insert GRANTORGrantor] if the property damage arises out of any part of those premises; (3) Property loaned by to [insert GRANTORGrantor]; (4) Personal property in the care, custody or control of [insert GRANTORGrantor]; (5) That particular part of real property on which [insert GRANTORGrantor] or any contractors or subcontractors working directly or indirectly on behalf of [insert GRANTORGrantor] are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage. The FUND Fund is established initially as consisting of the proceeds of property, which is acceptable to the letter of credit deposited into the FUNDTrustee, described in schedule B attached hereto. Such proceeds property and any other property subsequently transferred to the TRUSTEE Trustee is referred to as the FUNDFund, together with all earnings and profits thereon, less any payments or distributions made by the TRUSTEE Trustee pursuant to this AGREEMENTAgreement. The FUND Fund shall be held by the TRUSTEETrustee, IN TRUSTin trust, as hereinafter provided. The TRUSTEE Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the GRANTORGrantor, any payments necessary to discharge any liabilities of the GRANTOR Grantor established by the Director, Division of Waste Management and Radiation Control ( the DIRECTOR) of the State of UtahOhio EPA.

Establishment of Fund. The GRANTOR Grantor and the TRUSTEE Trustee hereby establish a standby trust fund, hereafter the "FUNDFund," for the benefit of any and all third parties injured or damaged by [sudden and/or non-suddennonsudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts amount of [insert here up to $1 million] per occurrence and [insert here up to $2 million] annual aggregate for sudden accidental occurrences and [insert here up to $3 million] per occurrence and [insert here up to $6 million] annual aggregate for non-sudden occurrences, except that the FUND is not established for the benefit of third parties for the following:and (a) Bodily injury or property damage for which [insert GRANTORGrantor] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert GRANTORGrantor] would be obligated to pay in the absence of the contract or agreement. (b) Any obligation of [insert GRANTORGrantor] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law. (c) Bodily injury to: (1) An employee of [insert GRANTORGrantor] arising from, and in the course of, employment by [insert GRANTORGrantor]; or (2) The spouse, child, parent, brother brother, or sister of that employee as a consequence of, of or arising from, and in the course of employment by [insert GRANTORGrantor]. This exclusion applies: (A) Whether [insert GRANTORGrantor] may be liable as an employer or in any other capacity; and (B) To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs paragraphs (1) and (2). (d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle vehicle, or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied by [insert GRANTORGrantor]; (2) Premises that are sold, given away or abandoned by [insert GRANTORGrantor] if the property damage arises out of any part of those premises; (3) Property loaned by xxxx [insert GRANTORGrantor]; (4) Personal property in the care, custody or control of [insert GRANTORGrantor]; (5) That particular part of real property on which [insert GRANTORGrantor] or any contractors or subcontractors working directly or indirectly on behalf of [insert GRANTORGrantor] are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage. The FUND Fund is established initially as consisting of the proceeds of the letter of credit deposited into the FUNDFund. Such proceeds and any other property subsequently transferred to the TRUSTEE Trustee is referred to as the FUNDFund, together with all earnings and profits thereon, less any payments or distributions made by the TRUSTEE Trustee pursuant to this AGREEMENTAgreement. The FUND Fund shall be held by the TRUSTEETrustee, IN TRUSTin trust, as hereinafter provided. The TRUSTEE Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the GRANTORGrantor, any payments necessary to discharge any liabilities of the GRANTOR Grantor established by the Director, Division of Waste Management and Radiation Control ( the DIRECTOR) of the State of UtahOhio EPA.

Establishment of Fund. The GRANTOR and the TRUSTEE hereby establish a standby trust fund, hereafter the "FUND," for the benefit of any and all third parties injured or damaged by [sudden and/or non-sudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of [insert here up to $1 million] per occurrence and [insert here up to $2 million] annual aggregate for sudden accidental occurrences and [insert here up to $3 million] per occurrence and [insert here up to $6 million] annual aggregate for non-sudden occurrences, except that the FUND is not established for the benefit of third parties for the following: (a) Bodily injury or property damage for which [insert GRANTOR] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert GRANTOR] would be obligated to pay in the absence of the contract or agreement. (b) Any obligation of [insert GRANTOR] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law. (c) Bodily injury to: (1) An employee of [insert GRANTOR] arising from, and in the course of, employment by [insert GRANTOR]; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert GRANTOR]. This exclusion applies: (A) Whether [insert GRANTOR] may be liable as an employer or in any other capacity; and (B) To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2). (d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft. (e) Property damage to: (1) Any property owned, rented, or occupied by [insert GRANTOR]; (2) Premises that are sold, given away or abandoned by [insert GRANTOR] if the property damage arises out of any part of those premises; (3) Property loaned by [insert GRANTOR]; (4) Personal property in the care, custody or control of [insert GRANTOR]; (5) That particular part of real property on which [insert GRANTOR] or any contractors or subcontractors working directly or indirectly on behalf of [insert GRANTOR] are performing operations, if the property damage arises out of these operations. In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage. The FUND is established initially as consisting of the proceeds of the letter of credit deposited into the FUND. Such proceeds and any other property subsequently transferred to the TRUSTEE is referred to as the FUND, together with all earnings and profits thereon, less any payments or distributions made by the TRUSTEE pursuant to this AGREEMENT. The FUND shall be held by the TRUSTEE, IN TRUST, as hereinafter provided. The TRUSTEE shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the GRANTOR, any payments necessary to discharge any liabilities of the GRANTOR established by the Director, Division of Solid and Hazardous Waste Management and Radiation Control ( the DIRECTOR) of the State of Utah.