Common use of Evidence and Scope of Insurance Clause in Contracts

Evidence and Scope of Insurance. (a) Seller shall, no later than ten (10) Days after the required effective date hereunder and thereafter on or before the renewal date of the applicable policy, cause each insurer or authorized agent to provide Purchaser with two original copies of insurance certificates reasonably acceptable to Purchaser evidencing the effectiveness of the insurance coverages required to be maintained. A complete copy of each policy shall be provided to Purchaser upon request. (b) All such insurance policies shall: (i) name Purchaser as an additional insured (except in the case of worker’s compensation insurance) and shall contain a Contractual Liability Endorsement and a “Cross-Liability” or “Severability of Interest” Endorsement; (ii) be endorsed to waive any and all rights of subrogation and rights of recovery for payment under such policies against Purchaser and Purchaser’s officers, directors, affiliates, agents, and provide that Purchaser shall receive from each insurer thirty (30) Days’ prior written notice of non-renewal, cancellation of, or significant reduction in coverage of, any of such policies (except that such notice period shall be ten (10) Days in case of non-payment of premiums); (iii) be written by one or more nationally reputable insurance companies authorized to do business in Ohio and be rated A VII or higher by A.M. Best Company or with security otherwise acceptable to Purchaser. (c) All liability insurance policies shall be written on an occurrence basis and, except in the case of negligence on the part of Purchaser, shall be primary for covered losses, as respects any claims, losses, damages, expenses, or liabilities arising out of this Agreement. Any insurance carried by Purchaser shall be excess of and noncontributory to insurance afforded by Seller. (d) Any and all premiums and deductibles and/or any other charges due with respect to such policies of insurance shall be assumed by, for the account of, and at Seller’s sole risk. (e) The insurance certificates shall indicate that the insurance policies have been endorsed as described above.

Evidence and Scope of Insurance. (a) Seller shall, no later than ten (10) Days after the required effective date hereunder and thereafter on or before the renewal date of the applicable policy, shall annually cause each insurer or authorized agent to provide Purchaser with two original copies of insurance certificates reasonably acceptable to Purchaser evidencing the effectiveness of the insurance coverages required to be maintained. A complete copy of each policy shall be provided to Purchaser upon request. (b) All such insurance policies shall: (i) name Purchaser as an additional insured (except in the case of worker’s 's compensation insurance) and shall contain a Contractual Liability Endorsement and a “Cross-Liability” or “Severability of Interest” Endorsement); (ii) be endorsed to waive any and all rights of subrogation and rights of recovery for payment under such policies against Purchaser and Purchaser’s officers, directors, affiliates, agents, and provide that Purchaser shall receive from each insurer thirty (30) 30 Days’ ' prior written notice of non-renewal, cancellation of, or significant reduction in coverage ofmodification to, any of such policies (except that such notice period shall be ten (10) 10 Days in case of non-payment of premiums);; and (iii) be written by one or more nationally reputable insurance companies authorized to do business in Ohio and be rated A VII or higher by A.M. Best Company or with security otherwise acceptable to Purchaser. (c) All liability insurance policies shall be written on an occurrence basis and, except in the case provide a waiver of negligence on the part any rights of subrogation against Purchaser, shall be primary for covered lossesits affiliated entities and their officers, as respects any claimsdirectors, lossesagents, damages, expenses, or liabilities arising out of this Agreement. Any insurance carried by Purchaser shall be excess of and noncontributory to insurance afforded by Seller. (d) Any and all premiums and deductibles and/or any other charges due with respect to such policies of insurance shall be assumed by, for the account ofsubcontractors, and at Seller’s sole risk. (e) employees. The insurance certificates shall indicate that the insurance policies have been endorsed as described above. (c) All policies shall be written by one or more nationally reputable insurance companies authorized to do business in Mississippi and be rated B+VII or higher by A.M. Best Company or Lloyds Companies or other insurers reasonably acceptable to Purchaser. (d) Purchaser shall receive certificates for items 1, 3, 4, 5 and 6 in Appendix I, prior to the start of construction of the Facility and for item 2 in Appendix I, prior to the Commercial Operation Date. (e) All policies shall be written on an occurrence basis unless procured from AEGIS on a claims made basis. Policies shall contain an endorsement that Seller's policy shall be primary as respects construction and operations of the Facility regardless of like coverages, if any, carried by Purchaser.

Evidence and Scope of Insurance. (a) Seller shall, no later than ten (10) Days after the required effective date hereunder and thereafter on or before the renewal date of the applicable policy, shall annually cause each insurer or authorized agent to provide Purchaser Southwestern with two original copies of insurance certificates reasonably acceptable to Purchaser Southwestern evidencing the effectiveness of the insurance coverages required to be maintained. A complete copy of each policy shall be provided to Purchaser Southwestern upon request. (b) . All such insurance policies shall: shall (ia) name Purchaser Southwestern as an additional insured (except in the case of worker’s compensation insurance's compensation); (b) and shall contain a Contractual Liability Endorsement and a “Cross-Liability” or “Severability of Interest” Endorsement; (ii) be endorsed to waive any and all rights of subrogation and rights of recovery for payment under such policies against Purchaser and Purchaser’s officers, directors, affiliates, agents, and provide that Purchaser Southwestern shall receive from each insurer thirty (30) Days’ days prior written notice of non-renewal, cancellation of, or significant reduction in coverage of, modification to any of such the above policies (except that such notice period shall be ten (10) Days days in case of non-payment of premiums); ; (iiic) provide a waiver of any rights of subrogation against Southwestern, its affiliated entities and their officers, directors, agents, subcontractors, and employees. The insurance certificates shall indicate that the insurance policies have been endorsed as described above. All policies shall be written by one or more nationally reputable insurance companies authorized to do business in Ohio and be Texas, rated A VII B+VII or higher by A.M. Best Company Company, or with security otherwise Lloyds Companies or other insurers reasonably acceptable to Purchaser. Southwestern. For items in Attachment I, Southwestern shall receive certificates and policies (cif requested) for items 1-5 and (if applicable) 7 in Attachment I prior to the start of construction of the Facility and for items 6, 8, and 9 in Attachment I, prior to the Proposed Combustion Turbine Commercial Operation Date. All liability insurance policies shall be written on an occurrence basis and, except in the case of negligence unless procured from AEGIS on the part of Purchaser, a claims made basis. Policies shall contain an endorsement that Seller's policy shall be primary for covered losses, as respects any claimsconstruction and operations of the Facility regardless of like coverages, lossesif any, damages, expenses, or liabilities arising out of this Agreement. Any insurance carried by Purchaser shall be excess of and noncontributory Southwestern. Seller's liability under this Agreement is not limited to insurance afforded by Seller. (d) Any and all premiums and deductibles and/or any other charges due with respect to such policies the amount of insurance shall be assumed by, for the account of, and at Seller’s sole riskcoverage required herein. (e) The insurance certificates shall indicate that the insurance policies have been endorsed as described above.

Evidence and Scope of Insurance. (a) Seller shallshall provide the Buyer with one certified-true copy of each insurance policy evidencing coverage and additional insured status of Buyer, no later than ten or endorsements acceptable to Buyer evidencing the same. Seller shall provide replacement certified-true copies of policies or endorsements within five (105) Days after of any renewal of the required effective date hereunder and thereafter on or before the renewal date of the applicable policy, cause each insurer or authorized agent to provide Purchaser with two original copies of insurance certificates reasonably acceptable to Purchaser evidencing the effectiveness of the insurance coverages required to be maintainedinsurance. A complete copy of each policy shall be provided to Purchaser available at Seller’s offices during normal business hours for review by the Buyer upon written request. (b) All such insurance policies shall: (i) name Purchaser the Buyer as an additional insured (except in the case of worker’s compensation insurance) and shall contain a Contractual Liability Endorsement and a “Cross-Liability” or “Severability of Interest” Endorsement); (ii) be endorsed to waive any and all rights of subrogation and rights of recovery for payment under such policies against Purchaser and Purchaser’s officers, directors, affiliates, agents, and provide that Purchaser the Buyer shall receive from each insurer thirty (30) 30 Days’ prior written notice of non-renewal, cancellation of, or significant reduction in coverage ofmodification to, any of such policies (except that such notice period shall will be ten (10) 10 Days in case of non-payment of premiums);; and (iii) be written by one provide a waiver of any rights of subrogation against the Buyer, its Affiliates or more nationally reputable utility members and their officers, directors, agents, subcontractors, and employees. The certified-true copies of insurance companies authorized to do business in Ohio and be rated A VII or higher by A.M. Best Company or with security otherwise acceptable to Purchaser. (c) All liability insurance policies shall be written on an occurrence basis and, except in the case of negligence on the part of Purchaser, shall be primary for covered losses, as respects any claims, losses, damages, expensespolicies, or liabilities arising out of this Agreement. Any insurance carried by Purchaser shall be excess of and noncontributory endorsements, provided to insurance afforded by Seller. (d) Any and all premiums and deductibles and/or any other charges due with respect to such policies of insurance shall be assumed by, for the account of, and at Seller’s sole risk. (e) The insurance certificates Buyer shall indicate that the insurance policies have been endorsed as described noted above. (c) All policies shall be written by one or more insurance companies authorized to do business in United States of America and be rated A VII or higher by A.M. Best. (d) All policies shall be written on an occurrence basis. The policies shall contain an endorsement that Seller’s policies shall be primary as respects the construction, operation, and maintenance of the Facility regardless of any insurance carried by others. (e) Any contractor or subcontractor providing services under this Agreement, including any third party operator of the Facility, shall maintain the same types of insurance on the same terms and limits as required of Seller. (f) If Seller fails to comply with its insurance obligations as specified in this Appendix F, the Buyer shall have the right, but not the duty, to procure the required insurance coverage. In such case, amounts paid directly by Buyer shall not be reimbursable to Seller pursuant to Appendix A.

Evidence and Scope of Insurance. (a) Seller shall, no later than ten (10) Days after the required effective date hereunder and thereafter on or before the renewal date of the applicable policy, cause each insurer or authorized agent to provide Purchaser with two original copies of insurance certificates reasonably acceptable to Purchaser evidencing the effectiveness of the insurance coverages required to be maintained. A complete copy of each policy shall be provided to Purchaser upon request. (b) All such insurance policies shall: (i) name Purchaser as an additional insured (except in the case of worker’s compensation insurance) and shall contain a Contractual Liability Endorsement and a “Cross-Liability” or “Severability of Interest” Endorsement; (ii) be endorsed to waive any and all rights Rights of subrogation and rights of recovery for payment under such policies Subrogation against Purchaser and Purchaser’s officers, directors, affiliates, agents, and provide that Purchaser shall receive from each insurer thirty (30) Days’ prior written notice of non-renewal, cancellation of, or significant reduction in coverage of, any of such policies (except that such notice period shall be ten (10) Days in case of non-payment of or premiums); (iii) be written by one or more nationally reputable insurance companies authorized to do business in Ohio and be rated A VII or higher by A.M. Best Company or with security otherwise acceptable to Purchaser. (c) All liability insurance policies shall be written on an occurrence basis (unless procured from AEGIS on a claims made basis and, except in the case of negligence on the part of Purchaser, shall be primary for covered losses, as respects any claims, losses, damages, expenses, or liabilities arising out of this Agreement. Any insurance carried by Purchaser shall be excess of and noncontributory to insurance afforded by Seller. (d) Any and all premiums and deductibles and/or any other charges due with respect to such policies of insurance shall be assumed by, for the account of, and at Seller’s sole risk. (e) The insurance certificates shall indicate that the insurance policies have been endorsed as described above.