Common use of General Insurance Requirements Clause in Contracts

General Insurance Requirements. During the Term of this Lease, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written by companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or better, and (iii) authorized, licensed and qualified to do insurance business in the state in which the Leased Property is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretion, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:

General Insurance Requirements. During All policies of liability insurance so obtained and maintained, including any umbrella liability insurance policies, shall (a) be carried in the Term name of Tenant, (b) name Landlord, any Security Holder and Landlord’s designated agents as additional insureds, pursuant to an endorsement providing coverage at least as broad as ISO form CG 2010 11/85 or equivalent (other than Tenant’s employer’s liability insurance for which such endorsement is not available), (c) be the primary insurance providing coverage for Landlord (any other liability insurance maintained by Landlord to be excess and non-contributing), (d) contain a cross-liability endorsement stating that the rights of insureds shall not be prejudiced by one insured making a claim or commencing an action against another insured, (e) include severability of interest clauses, products-completed operations and coverage of independent contractors, and (f) include a “per location” endorsement or equivalent reasonably acceptable to Landlord so that the general aggregate and other limits apply separately and specifically to the Premises. The insurance requirements in this Paragraph 8 shall not in any way limit, in either scope or amount, the indemnity obligations separately owed by Tenant to Landlord under this Lease, Lessee shall at all times keep or the Leased Property and all property located in liability of Tenant for nonperformance of its obligations or on the Leased Property, including Lessee's Personal Property, insured against for loss or damage from for which Tenant is responsible hereunder. No endorsement limiting or excluding a required coverage is permitted. Such insurance policies required to be carried by Tenant or duly executed certificates of insurance with respect thereto, shall be delivered to Landlord prior to the date that Tenant occupies the Premises for any reason, and evidence of renewals of such causes policies shall be delivered to Landlord at least ten (10) days prior to the expiration of each respective policy term. All Tenant’s insurance shall provide that the insurer agrees not to cancel the policy without at least thirty (30) days’ prior written notice to Tenant (except in the event of a cancellation as a result of nonpayment, in which event the insurer shall give Tenant at least ten (10) days’ prior notice). Tenant shall notify Landlord within ten (10) days following receipt of any such notice of cancellation or any material modification of any policy of insurance applicable to the Premises required under this Paragraph. If at any time during the Term the amount or coverage of insurance which Tenant is required to carry under Paragraph 8.2 is, in Landlord’s reasonable judgment, materially less than the amount or type of insurance coverage typically carried by tenants leasing space in Comparable Buildings which are customarily insured against, by prudent owners of similar facilities. Without limiting to and operated for similar purposes as the generality Premises or if Tenant’s use of the foregoingPremises should change with or without Landlord’s consent, Landlord shall have the Lessee shall obtain and maintain in effect throughout right to require Tenant to increase the Lease Term, amount or change the kinds and amounts types of insurance deemed reasonably necessary coverage required under Paragraph 8.2. All insurance policies required to be carried by the Lessor and as described below. This insurance Tenant under this Lease shall be written by companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XII" A- VIII or better by in Best's ’s Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or better, and (iii) authorized, licensed and qualified authorized to do insurance business in the state in which the Leased Property Building is located. The aggregate amount Payment of coverage by any deductibles shall be the sole responsibility of Tenant. Tenant shall deliver to Landlord on or before the Term Commencement Date, and thereafter at least ten (10) days before the expiration dates of the expired policies, a single company must not exceed five percent (5%) certificate of insurance providing evidence of the insurance company's policyholders' surpluscoverage required under this Paragraph 8 or, upon request of Landlord, certified copies of a summary of Tenant’s insurance policies. The If Tenant shall fail to procure such insurance, or to deliver such policies must name Lessor (or certificates, Landlord may, at Landlord’s option and any in addition to Landlord’s other entities as Lessor may deem necessary) as an additional insured remedies in the Event of a Default by Tenant hereunder, procure the same for the account of Tenant, and losses the cost thereof shall be payable paid to Lessor and/or Lessee Landlord as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretion, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:Additional Rent.

General Insurance Requirements. During (a) All insurance required under this Article 9 shall be issued by such good and reputable insurance companies qualified to do and doing business in California and having a rating of not less than "A" or a class rating of not less than "13" and a financial rating of not less than "X" as rate in the Term of this Lease, most current copy to Best's Insurance report in the form customary to the locality. All such Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written by companies include (i) reasonably acceptable an endorsement expressly providing that such policies shall not be cancelable or subject to reduction or coverage or otherwise by subject to modification except after thirty (30) days prior written notice to the Lessorparties named as insureds in this Article 9, (ii) an endorsement providing that are rated at least an "A-XII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or betterLessor, its successors, assigns, and (iii) authorized, licensed and qualified to do insurance business nominees holding any interest in the state in which Premises, including without limitation any ground lessor and the Leased Property is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor (and holder to any other entities as Lessor may deem necessary) as an additional insured and losses fee or leasehold mortgage, shall be payable named as additional insureds under such policy of insurance maintained by Lessee pursuant to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date)this Lease, (iii) permit an endorsement providing that such insurance as is afforded under Lessee's policy in primary as respects lessor and that any other insurance maintained by Lessor to pay premiums at Lessor's discretionis excess and non-contributing with other insurance required under this Article 9, and (iv) an endorsement deleting any employee exclusion on personal injury covered, (v) an endorsement including employees as respects additional insureds, (vi) an endorsement deleting any third party liquor liability claim brought against Lessor, obligate exclusion and (vii) an endorsement providing for coverage of employer's automobile ownership liability. All such insurance shall provide for severability of interests: shall provide that an act or omission of one of the insurer named insureds; and shall not reduce or avoid coverage to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee other named insured: and shall use its best efforts to secure from the insurance company its agreement that afford coverage for all claims based in acts, omissions injury and disputes concerning insurance coverage for damage which claims occurred or arose (or the onset of which occurred or arose) in full or in part during the policy period. Expiration of Lessee's Personal Property policy shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the not limit recovery thereunder: "claims made" insurance policies shall name as an additional insured the holder ("Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of are not acceptable to satisfy Lessee's insurance requirements under this Lease ("Facility Mortgage"), if any, by way of a standard form of mortgagee's loss payable endorsementArticle 9. Lessee shall use its best efforts furnish to secure from Lessor, upon the Commencement Date and thereafter within thirty (30) days prior to the expiration of each such policy, a Certificate of Insurance and endorsement(s) affording evidence of the above insurance requirements issued by the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence carrier of each policy of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, carried by Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:hereto.

General Insurance Requirements. During the Term of this LeaseLease (except that the coverages in Sections 13.1(a), and 13.1(c) and those relating to professional liability referenced in Sections 13.1(g) and 13.1(h) below shall be required from and after the Completion Date), Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. At Lessor's option, Lessor may obtain such coverages and, in such event, shall be entitled to obtain reimbursement from Lessee for the costs of such coverages. This insurance shall be written by insurance companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XIIVIII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA A or better, and (iii) authorized, licensed and qualified to do insurance business in the state in which the Leased Property is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretion, and (iviii) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("all Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage")Lenders, if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding Any loss adjustment shall be deemed to be contractual disputes require the written consent of Lessor and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabamaeach affected Facility Lender. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s)Lender. If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property Instrument requires deposits of insurance to be made with such Facility MortgageeLender, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee Lender or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility MortgageeLender. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:

General Insurance Requirements. During the Term of All insurance provided for in this Lease, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written maintained under valid and enforceable policies issued by companies (i) reasonably acceptable insurers of recognized responsibility, licensed and approved to do business in the LessorState of Texas, (ii) that are rated at least an having a rating of not less than "A-XIIX" or better by in the then most current Best's Insurance Guide Report. Any and Key Ratings and a claim payment rating by Standard & Poor's Corporation all policies of AA or better, and (iii) authorized, licensed and qualified to do insurance business in required under this Lease shall name the state in which the Leased Property is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor (and any other entities as Lessor may deem necessary) Landlord as an additional insured and losses shall be on an "occurrence" basis. In addition, Landlord shall be shown as the loss payable to Lessor and/or Lessee as provided in Article XIV. Each beneficiary under the casualty insurance policy maintained by Tenant pursuant to Section 4.2. All policies of insurance required hereunder must (i) provide primary herein may be in the form of "blanket" or "umbrella" type policies which shall name the Landlord and Tenant as their interests may appear and allocate to the Premises the full amount of insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification required hereunder. Original policies or satisfactory certificates from the insurer insurers evidencing the existence of all policies of insurance required by this Lease and showing the interest of the Landlord shall be filed with the Landlord prior to the commencement of the Term and shall provide that such insurer will the subject policy may not subrogate against Lessorbe cancelled except upon not less than ten (10) days prior written notice to Landlord. If Landlord is provided with a certificate, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee upon Landlord's request Tenant shall use its best efforts to obtain provide Landlord with a complete copy of the insurance policy which does contain evidenced by such waiver, provided certificate as soon as possible after the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, commencement of the Term but not later than sixty (60) days after the commencement of the Term. Certificates of the renewal policies from the insurers evidencing the existence thereof shall be deposited with Landlord not less than five (5) days prior to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following expiration dates of the Commencement Date), (iii) permit Lessor to pay premiums at Lessorpolicies. Upon Landlord's discretion, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee request Tenant shall use its best efforts to secure from deliver a copy of the complete renewal policy to Landlord as soon as possible after the expiration of the replaced policy but not later than sixty (60) days after the expiration of the replaced policy. Any claims under any policies of insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property described in this Lease shall be deemed contractual disputes adjudicated by and all litigation and proceedings in connection therewith at the expense of the Tenant or of its insurance carrier, but shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("Facility Mortgagee") subject to joint control of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes Tenant and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:Landlord.

General Insurance Requirements. During the Term of this Lease, Lessee shall at all times keep the Leased Property Properties, and all property located in or on the Leased PropertyProperties, including LesseeLessor's Personal Property and Xxxxxx's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting with insurance meeting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This following requirements: (a) all insurance shall be written by companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or better, and (iii) authorized, licensed and qualified authorized to do insurance business in the state in which applicable States and having a rating classification of not less than A- and a financial size category of "Class VII" or larger, according to the Leased Property is located. The aggregate amount then most recent issue of coverage by a single company must not exceed five percent Best's Key Rating Guide; (5%b) of the insurance company's policyholders' surplus. The all policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretioninsured, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("any Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, Mortgagee by way of a standard form of mortgagee's loss payable endorsement. Lessee shall endorsement in use its best efforts to secure from in the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes applicable States and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, accordance with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to such other requirements as may be made with established by such Facility Mortgagee; (c) casualty losses must be payable to Lessor or Lessee as provided in Article XIV, and loss adjustments shall require the written consent of Lessor, any Facility Mortgagee and, provided no Event of Default has occurred and is continuing at the time, Lessee, which consent shall not be unreasonably withheld by either Lessor or Lessee; (d) each insurer must agree that it will give Lessor and any Facility Mortgagee at least thirty (30) days' written notice before its policy shall be altered, allowed to expire or canceled; (e) the amount of any deductible or retention must be approved by Lessor prior to the issuance of any policy, which approval will not be unreasonably withheld, conditioned or delayed; and (f) the form of all policies shall be approved by Lessor and any Existing Facility Mortgagee, whose approval shall not unreasonably be withheld, conditioned or delayed, provided that such policies conform to the requirements of this article XIII. Notwithstanding the foregoing, Lessee shall either pay may obtain so-called "umbrella" policies, comprehensive liability policies and professional liability policies of insurance from non-admitted surplus line carriers acceptable to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:.

General Insurance Requirements. During the Term of this Lease, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This After prior written notice to Lessee, Lessor may, at Lessor's option, obtain the insurance coverages required from Lessee herein (excluding coverages for worker's compensation and professional liability) provided that (i) the insurance coverages obtained by Lessee may be terminated without penalty or cost to Lessee, (ii) the costs of such coverages obtained by Lessor collectively do not exceed the costs of the insurance obtained by Lessee and (iii) the coverages obtained by Lessor are comparable to that obtained or to be obtained by Lessee hereunder. In the event Lessor obtains such insurance coverages, Lessee shall reimburse Lessor for the costs of such coverages immediately upon request by Lessor. The insurance shall be written by insurance companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XIIVII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA A or better, and (iii) authorized, licensed and qualified to do insurance business in the state in which the Leased Property is located. Notwithstanding the foregoing or any other provision of this Article XIII, Lessor acknowledges and agrees that the insurance coverages required under subparagraphs (d), (e), (h) and (g) for professional and general liability umbrella coverage of this Section 13.1 are being handled through a captive insurance company, the identity of which has been disclosed to the Lessee and Lessor. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, contain an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date)Lessor, (iii) permit Lessor to pay premiums at Lessor's discretion, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding Any loss adjustment shall be deemed to be contractual disputes require the written consent of Lessor and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabamaeach affected Facility Lender(s). Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(sLender(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property Instrument requires deposits of insurance to be made with such Facility MortgageeLender, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee Lender or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility MortgageeLender. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:

General Insurance Requirements. During the Term of this Lease, Lessee shall at (a) Borrower agrees that all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written by companies policies shall: (i) reasonably acceptable be in such form and with such endorsements and in such amounts as may be satisfactory to the Lessor, Lender; (ii) name Lender as an additional insured/loss payee and provide that are rated at least an "A-XII" or better by Best's all Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or better, and Proceeds be payable to Lender; (iii) authorized, licensed contain a “Non Contributory Standard Lender Clause” and qualified a Lender’s Loss Payable Endorsement or their equivalents naming Lender as the person to do insurance business whom all payments shall be paid and a provision that payment of Insurance Proceeds in excess of the state in which the Leased Property is located. The aggregate amount of coverage Restoration Proceeds Threshold shall be made by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be check payable only to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable ratesLender; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretion, and (iv) contain a waiver of subrogation endorsement as respects to Lender and its successors and assigns providing that no policy shall be impaired or invalidated by virtue of any third party liability claim brought against Lessoract, obligate the insurer failure to defend Lessor as an act, negligence of, or violation of declarations, warranties or conditions contained in such policy by Borrower, Lender or any other named insured, additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement or loss payee; (v) contain an endorsement indicating that all claims and disputes concerning insurance coverage for the Lessee's Personal Property neither Lender nor Borrower shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes a co-insurer with respect to any risk insured by such policies and shall provide for an aggregate deductible per loss for all litigation policies not in excess of $30,000.00; (vi) contain a provision that such policies shall not be canceled or amended in any adverse manner, including any amendment reducing the scope or limits of coverage, without at least thirty (30) days prior notice to Lender in each instance; and proceedings in connection therewith shall be tried by jury in Jefferson County(vii) with respect to commercial general liability, Alabama. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance provide for claims to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:an occurrence basis.

General Insurance Requirements. During the Term of this Lease, Lessee shall at all times keep the Leased Property Properties, and all property located in or on the Leased PropertyProperties, including Lessor’s Personal Property and Lessee's ’s Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting with insurance meeting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This following requirements: (a) all insurance shall be written by companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or better, and (iii) authorized, licensed and qualified authorized to do insurance business in the state in which applicable States and having a rating classification of not less than A- and a financial size category of “Class X”, according to the Leased Property is located. The aggregate amount then most recent issue of coverage by a single company must not exceed five percent Best’s Key Rating Guide; (5%b) of the insurance company's policyholders' surplus. The all policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretioninsured, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("any Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, Mortgagee by way of a standard form of mortgagee's ’s loss payable endorsement. Lessee shall endorsement in use its best efforts to secure from in the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes applicable States and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, accordance with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to such other requirements as may be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction established by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The However, if requested by Lessor and available on a commercially reasonable basis, all public liability and property damage insurance shall contain a provision that Lessor, although named as an insured, nevertheless shall be entitled to recovery for loss, damage or injury to Lessor, its servants, agents and employees by reason of the negligence of Lessee or Lessor; (c) losses must be payable to Lessor or Lessee as provided in Article XIV, and loss adjustments shall require the written consent of Lessor, any Facility Mortgagee and, provided it is not then in default, Lessee, which consent shall not be unreasonably withheld by either Lessor or Lessee; (d) each insurer must agree that it will give Lessor and any Facility Mortgagee at least sixty (60) days’ written Notice before its policy shall be altered, allowed to expire or canceled; (e) the amount of any deductible or retention must be approved by Lessor prior to the issuance of any policy; and (f) the form of all policies on the Leased Propertyshall be approved by Lessor, including the Leased Improvementswhose approval shall not unreasonably be withheld, the Fixtures and Lessee's Personal Property, shall insure against the following risks:by any Facility Mortgagee.

General Insurance Requirements. During the Term of this Lease, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written by companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or better, and (iii) authorized, licensed and qualified to do insurance business in the state in which the Leased Property is located. The aggregate amount of coverage parties hereto agree shall include only those coverages and endorsements currently maintained by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplusLessee or Management Company as set forth on Schedule 13.1. The policies of insurance relating to property coverages must name Lessor (and any other entities affiliated with Lessor as Lessor may shall deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, contain an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date)Lessor, (iii) permit Lessor to pay premiums at Lessor's discretion, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("all Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage")Lenders, if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding Any loss adjustment shall be deemed to be contractual disputes require the written consent of Lessor and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabamaeach affected Facility Lender. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s)Lender. If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property Instrument requires deposits of insurance to be made with such Facility MortgageeLender, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee Lender or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:Lender.

General Insurance Requirements. (a) During the Term of this LeaseTerm, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's ’s Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, and subject to the provisions below, Lessee shall obtain and maintain in effect throughout the Lease Term, Term with respect to the Leased Property the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written by insurance companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "“A-XII" VIII” or better by Best's ’s Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or betterGuide, and (iii) unless otherwise approved by Lessor, authorized, licensed and qualified to do insurance business in the state in which the Leased Property is located. The Notwithstanding the foregoing or any other provision of this Article XIII, Lessor acknowledges and agrees that the insurance coverages required under subparagraphs (ii), (iii), (iv), (v), (vi) and (vii) of this Section l3.1(a) may be obtained through a captive insurance company, the identity of which has been disclosed to Lessee and Lessor (the “Captive”). With the exception of the Captive, the aggregate amount of coverage by a single company must not exceed five percent Five Percent (5%) of the insurance company's ’s policyholders' ’ surplus. Lessee will pay or cause to be paid all Insurance Premiums for the insurance coverage required to be maintained pursuant to this Article XIII during the Term. The commercial property, rental value and business interruption policies must shall name Lessor (and any other entities as entity that Lessor may deem necessary) as an additional insured insureds and loss payees as respects coverage afforded the Leased Property under standard Insurance Services Offices (ISO) commercial property insurance endorsements CP1219 and CP1503, or manuscript equivalents, and as additional insureds and loss payees under boiler and machinery and any other property insurance policy. Except as provided below with respect to commercial general liability, professional liability and excess or umbrella liability policies, all other coverage policies shall name Lessor (and any other entity that Lessor may deem reasonably necessary) as additional insureds as respects liability arising from Lessee’s use, occupancy or maintenance of the Leased Property. The commercial general liability, professional liability and the excess or umbrella liability policies shall name Lessor (and any other entity that Lessor may deem reasonably necessary) as additional insureds. All property, business interruption and boiler and machinery losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must must, unless otherwise expressly provided herein (iw) provide primary insurance without right of contribution from any other insurance carried by Lessor, (iix) contain, unless the contain express permission for Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against enter into a waiver of subrogation rights in favor of Lessor, an express waiver by the insurer of or any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date)Lessor, (iiiy) permit Lessor to pay premiums at Lessor's ’s discretion, and (ivz) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional a named insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the property, business interruption and boiler and machinery policies shall name as an additional insured the holder ("loss payee all Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage")Lenders as their interests appear, if any, by way of a standard or other acceptable form of mortgagee's ’s loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding Any loss adjustment in excess of One Million Dollars ($1,000,000.00) shall be deemed to be contractual disputes require the written consent of Lessor and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabamaeach affected Facility Lender. Evidence or verification (as defined herein) of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s)Lender. If any provision Insurance Premiums are required to be deposited or escrowed in accordance with this Lease, then Lessee shall pay or deposit the amount of any Facility Mortgage which constitutes a first lien on such Insurance Premiums in accordance with this Lease. With respect to each Facility, the policies required hereunder relating to Lessee, the portion of the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Propertyrelating thereto, including the Leased Improvements, the Fixtures Improvements and Lessee's ’s Personal Property, shall insure against the following risks:

General Insurance Requirements. During All insurers and sureties underwriting Contractor’s or any subcontractor’s insurance and bonds must be licensed in the Term Commonwealth of this LeasePennsylvania and have a minimum rating of “A” (financial strength rating) and “VII” (financial size category) in the latest edition of Best’s Insurance Reports, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary unless otherwise approved by the Lessor DISTRICT. (Such insurers and sureties shall also meet such additional requirements and qualifications as described below. This insurance shall may be written by companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or better, and (iii) authorized, licensed and qualified to do insurance business set forth in the state in which the Leased Property is located. Supplementary Conditions.) The aggregate amount of coverage by a single company must Contractor shall not exceed five percent (5%) start work under this Contract until Contractor has obtained, at its own expense, all of the insurance company's policyholders' surpluscalled for hereunder and such insurance has been approved by the DISTRICT; nor shall Contractor allow any subcontractors to start work on any subcontract until all insurance required of the subcontractor has been so obtained and approved by the Contractor. The Approval of insurance required of Contractor and subcontractors by the DISTRICT will be granted only after submission to the DISTRICT of original, signed certificates of insurance or, alternately, at the DISTRICT’s request, certified copies of the required insurance policies. Approval of insurance required shall not be unreasonably withheld. Contractor shall require all subcontractors to maintain, during the term of this agreement, commercial general liability insurance, business auto liability insurance and workers’ compensation and employers’ liability insurance in the same manner as specified for Contractor. Contractor shall furnish subcontractor’s certificates of insurance to the DISTRICT immediately upon request. All insurance policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses required hereunder shall be payable endorsed to Lessor and/or Lessee as provided provide that the policy is not subject to cancellation, non-renewal, material change or reduction in Article XIVcoverage until sixty (60) days prior written notice has been given to the DISTRICT. Each insurance policy required hereunder must (i) provide primary by this Contract, except for the workers’ compensation policy, shall contain the following clause: “The DISTRICT, its board members, employees, agents, officials and volunteers are hereby added as additional insureds as respects the operations and activities covered by this policy.” Any insurance without right maintained by the DISTRICT shall apply in excess of contribution the insurance required by this Contract. No acceptance and/or approval of any insurance by the DISTRICT shall be construed as relieving or excusing Contractor, or the surety, or its bonds, from any other insurance carried liability or obligation imposed upon either or both of them by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretion, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:Contract.

General Insurance Requirements. During the Term of this LeaseTerm, Lessee Tenant shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, against by prudent owners of similar facilities. Without limiting , including the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This All insurance shall be written by insurance companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XII" or better by Best's Insurance Guide and Key Ratings and have a claim payment claims paying ability rating by Standard & Poor's Corporation ’s Rating Services of AA not less than “BBB,” by Xxxxx’x Investors Services, Inc. of not less than “BA3,” and by Fitch, Inc. of not less than “AA,” an A.M. Best Company, Inc. rating of not less than A- and a financial size category of not less than X, or bettersuch higher ratings as may be required by any Project Mortgagee, including Existing Lender with respect to the Properties which are subject to the Existing Mortgage Loan, and (iiiii) authorized, licensed and qualified to do insurance business in the state in which the Leased insured Property is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The All liability policies must name Lessor Landlord and its directors, officers, members, partners, employees, agents (and any other entities as Lessor Landlord may deem necessary) as an additional insured and losses under any property insurance policy shall be payable to Lessor Landlord and/or Lessee Tenant as provided in Article XIV10. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by LessorLandlord, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, contain an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date)Landlord, (iii) permit Lessor Landlord to pay premiums at Lessor's Landlord’s discretion, and (iv) as respects any third party liability claim brought against LessorLandlord, obligate the insurer to defend Lessor Landlord as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies of property insurance shall name any Project Mortgagee as an additional insured the holder ("Facility Mortgagee") of any mortgagea mortgagee and loss payee, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage")as its interest may appear, if any, by way of and shall contain a standard form of “non-contributory mortgagee's loss payable endorsement. Lessee shall use ” endorsement or its best efforts to secure from the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabamaequivalent. Evidence of insurance and/or Impositions shall be deposited with Lessor provided to Landlord and, if requested, with to any Facility Project Mortgagee(s). If any provision of any Facility Project Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance premiums to be made with such Facility Project Mortgagee, Lessee Tenant shall either pay to Lessor Landlord monthly the amounts required and Lessor Landlord shall transfer such amounts to such Facility Project Mortgagee or, pursuant to written direction by LessorLandlord, Lessee Tenant shall make such deposits directly with such Facility Project Mortgagee, as described in Section 3.6 hereof. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, Property shall insure against the following risks:

General Insurance Requirements. During the Term of All insurance policies Supplier is required to carry pursuant to this Lease, Lessee shall at all times keep the Leased Property Section shall: (a) be primary and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written by companies (i) reasonably acceptable non-contributing with respect to the Lessor, (ii) that are rated at least an "A-XII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or better, and (iii) authorized, licensed and qualified to do insurance business in the state in which the Leased Property is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried or self-insurance SOV may maintain; (b) name SOV and its officers and employees as additional insureds on the Commercial General Liability and Automobile Policies, as such parties’ interests may appear with respect to this MSA and any Statement of Work (except as to the insurance described in Section 24.1(a)(iii), 24.1(a)(v) and 24.1(a)(vi)); (c) be provided by Lessorreputable and financially responsible insurance carriers approved by SOV, with an A.M. Best’s minimum rating of “A-” and minimum Best’s financial size category of “X”; (iid) contain, unless the Lessee provides to Lessor written confirmation and verification from require that the insurer that endeavor to notify SOV in writing at least thirty (30) days in advance of cancellation (and Supplier shall in any event provide SOV with such notice at least thirty (30) days in advance of cancelation unless Supplier has not been so informed by its insurer); and (e) in the case of the Commercial General Liability policies, and subject to the requirements of Supplier’s existing policies with its insurers, use reasonable efforts to cause all other insurance policies to include a waiver of all rights of subrogation against State of Vermont. Each insurer will not subrogate against Lessor, an express waiver by the insurer under each such policy shall be amenable to suit and collection of any right judgment in the State of subrogationVermont. Supplier shall provide a certificate of insurance issued by their insurance broker (as well as updates to such certificate at each policy renewal) evidencing the coverage. If Supplier is unable to provide the insurance coverage specified in this Article then SOV shall be entitled, setoff or counterclaim against any insured party thereunder including Lessor (providedon commercially reasonable terms, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain all or any portion of such waivercoverage at Supplier’s sole cost and expense, provided and the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, premiums paid by SOV therefor shall not be required subject to replace its existing any limitations set forth in Article 25; provided that Supplier shall have the right, within sixty (60) days, to cure any failure to provide insurance hereunder so long as coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretiondoes not lapse, and (iv) if coverage has lapsed or a lapse is imminent, then Supplier shall not be entitled to cure except as respects any third party liability claim brought against Lessor, obligate the insurer consented to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use by SOV in its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:reasonable discretion.

General Insurance Requirements. (a) During the Term of this LeaseTerm, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's ’s Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, and subject to the provisions below, Lessee shall obtain and maintain in effect throughout the Lease Term, Term with respect to the Leased Property the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written by insurance companies (i) reasonably acceptable to Lessor (Lessor acknowledging that Auriga Insurance Group (“Auriga”) is acceptable to Lessor for the Lessorprovision of the coverages described in subsections (vii) and (viii) below), (ii) that are rated at least an "“A-XII" VIII” or better by Best's ’s Insurance Guide and Key Ratings and a claim payment (except for Auriga, for which no rating by Standard & Poor's Corporation of AA or betteris required), and (iii) unless otherwise approved by Lessor, authorized, licensed and qualified to do insurance business in the state in which the Leased Property is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of Lessee will pay or cause to be paid all Insurance Premiums for the insurance company's policyholders' surpluscoverage required to be maintained pursuant to this Article XIII during the Term. The commercial property, rental value and business interruption policies must shall name Lessor (and any other entities as entity that Lessor may deem reasonably necessary) as an additional insured insureds and loss payees as respects coverage afforded the Leased Property under standard Insurance Services Offices (ISO) commercial property insurance endorsements CP1219 and CP1503, or manuscript equivalents, and as additional insureds and loss payees under boiler and machinery and any other property insurance policy. All other coverage policies (including commercial general liability, professional liability and excess or umbrella liability policies) shall name Lessor (and any other entity that Lessor may deem reasonably necessary) as additional insureds as respects liability arising from Lessee’s use, occupancy or maintenance of the Leased Property. All property, business interruption and boiler and machinery losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must must, unless otherwise expressly provided herein (iw) provide primary insurance without right of contribution from any other insurance carried by Lessor, (iix) contain, unless the contain express permission for Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against enter into a waiver of subrogation rights in favor of Lessor, an express waiver by the insurer of or any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date)Lessor, (iiiy) permit Lessor to pay premiums at Lessor's ’s discretion, and (ivz) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the property, business interruption and boiler and machinery policies shall name as an additional insured the holder ("loss payee all Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage")Lenders as their interests appear, if any, by way of a standard or other acceptable form of mortgagee's ’s loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding Any loss adjustment in excess of One Million Dollars ($1,000,000) shall be deemed to be contractual disputes require the written consent of Lessor and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabamaeach affected Facility Lender. Evidence or verification (as defined herein) of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s)Lender. If any provision of any Facility Mortgage which constitutes a first lien on With respect to each Property, the Leased Property requires deposits of insurance policies required hereunder relating to be made with Lessee and such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures Improvements and Lessee's ’s Personal PropertyProperty relating thereto, shall insure against the following risks:

General Insurance Requirements. During the Term of All insurance provided for in this Lease, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written maintained under valid and enforceable policies issued by companies (i) reasonably acceptable insurers of recognized responsibility, approved to do business in the Lessor, (ii) that are rated at least an State having a general policyholders rating of not less than "A-XII" or better by and a financial rating of not less than "X" in the then most current Best's Insurance Guide Report. Any and Key Ratings and a claim payment rating by Standard & Poor's Corporation all policies of AA or better, and (iii) authorized, licensed and qualified to do liability insurance business in required under this Lease shall name the state in which the Leased Property is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor (Landlord and any other entities Permitted Mortgage Lender (as Lessor may deem necessarydefined hereinafter) as an additional named insured and losses shall be on an "occurrence" or "claims made" basis (at Tenant's election); provided, however, the proceeds of any business interruption policy shall be payable to Lessor and/or Lessee as provided Tenant without relieving Tenant in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right any way of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date), (iii) permit Lessor obligation to pay premiums at Lessor's discretion, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, AlabamaRent under this Lease. In addition, Landlord shall be shown as the loss payable beneficiary under the casualty insurance policy maintained by Tenant pursuant to Section 4.2. All policies of insurance required herein may be in the form of "blanket" or "umbrella" type policies which shall name the Landlord and Tenant as an additional their interests may appear and allocate to the Premises the full amount of insurance required hereunder. All policies of insurance required herein shall have deductibles and/or self-insured retention limits, as applicable, in such amounts as are reasonably available to Tenant and as are then customary for businesses engaged in activities similar to the holder Retirement Care Facility ("Facility Mortgagee"as defined in Section 5.2 below) in similar locales. Certificates from the insurers evidencing the existence of all policies of insurance required by this Lease and showing the interest of the Landlord shall be filed with the Landlord prior to the commencement of the Term and shall provide that the subject policy may not be canceled except upon not less than ten (10) days' prior written notice to Landlord. Certificates from the insurers evidencing the existence of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions renewal policies shall be deposited with Lessor andLandlord upon renewal of the applicable policies. Any claims under any policies of property insurance described in this Lease shall be adjudicated by and at the expense of the Tenant or of its insurance carrier, and if requested, (and to the extent that) either Landlord or Tenant participates in such adjudication then the parties shall cooperate fully with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with each other in such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:participation.

General Insurance Requirements. During the Term of All insurance provided for in this Lease, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written maintained under valid and enforceable policies issued by companies (i) reasonably acceptable insurers of recognized responsibility, approved to do business in the Lessor, (ii) that are rated at least an State in which the applicable Facility is located having a general policyholders rating of not less than "A-XIIA-" or better by and a financial rating of not less than "VIII" in the then most current Best's Insurance Guide Report. Any and Key Ratings and a claim payment rating by Standard & Poor's Corporation all policies of AA or better, and (iii) authorized, licensed and qualified to do insurance business in required under this Lease shall name the state in which the Leased Property is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor (and any other entities as Lessor may deem necessary) Landlord as an additional insured insured, shall be primary and losses non-contributory with any insurance that Landlord may maintain in connection with the Premises, and shall be on an "occurrence" basis, or on a "claims-made" basis upon Landlord's prior written consent, which consent shall not be unreasonably withheld at such times as the applicable insurance is not available on an "occurrence" basis at commercially reasonable rates, as reasonably determined by Landlord; provided, however, the proceeds of any business interruption policy shall be payable to Lessor and/or Lessee as provided Tenant without relieving Tenant in Article XIVany way of its obligation to pay rent under this Lease. Each With respect to any insurance policy required hereunder must maintained by Tenant in accordance with this Section 4.1 that is on a "claims-made" basis: (ia) provide primary insurance without right any renewal or replacement of contribution from any other insurance carried by Lessor, such policy shall show as its prior acts/retroactive or continuity date the first date of claims-made coverage under the policy being renewed or replaced; (iib) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does policy is cancelled or not contain such waiver, Lessee shall use its best efforts to obtain renewed and is not concurrently replaced with a policy which does contain providing insurance on an "occurrence" basis with "full prior acts" coverage, Tenant shall obtain effective as of such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until cancellation or non-renewal an "extended reporting provision option" (or "tail" coverage) for a minimum of three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretion, years; and (ivc) as respects if such policy is replaced by any third party liability claim brought against Lessorpolicy providing coverage on an "occurrence" basis, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee replacement policy shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabamacontain a "full prior acts" provision. In addition, Landlord shall be shown as the loss payable beneficiary under the casualty insurance policy maintained by Tenant pursuant to Section 4.2. All policies of insurance required herein may be in the form of "blanket" or "umbrella" type policies which shall name the Landlord and Tenant as an additional insured their interests may appear and allocate to each Facility the holder ("Facility Mortgagee") full amount of any mortgage, deed insurance required hereunder. Original policies or satisfactory certificates from the insurers evidencing the existence of trust or other security agreement securing any Encumbrance placed on all policies of insurance required by this Lease and showing the Leased Property in accordance interest of the Landlord shall be filed with the provisions Landlord prior to the commencement of this Lease the Term and shall provide that the subject policy may not be canceled except upon not less than ten ("Facility Mortgage")10) days prior written notice to Landlord. If Landlord is provided with a certificate, if any, upon Landlord's request Tenant shall provide Landlord with a complete copy of the insurance policy evidenced by way such certificate within thirty (30) days of a standard form the commencement of mortgagee's loss payable endorsementthe Term. Lessee shall use its best efforts to secure Originals of the renewal policies or certificates therefor from the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions insurers evidencing the existence thereof shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s)Landlord upon renewal of the applicable policies. If Landlord is provided with a certificate for a renewal policy, upon Landlord's request Tenant shall deliver a copy of the complete renewal policy to Landlord within thirty (30) days of the expiration of the replaced policy. Any claims under any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits policies of insurance described in this Lease shall be adjudicated by and at the expense of the Tenant or of its insurance carrier, but shall be subject to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required joint control of Tenant and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:Landlord.

General Insurance Requirements. During the Term of this Lease, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written by insurance companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XIIVII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA A or better, and (iii) authorized, licensed and qualified to do insurance business in the state in which the Leased Property is located. Notwithstanding the foregoing or any other provision of this Article XIII, Lessor acknowledges and agrees that the insurance coverages required under subparagraphs (d) and (h) of this Section 13.1 are being handled through a captive insurance company, the identity of which has been disclosed to the Lessee and Lessor. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, contain an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date)Lessor, (iii) permit Lessor to pay premiums at Lessor's discretion, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder or holders ("Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance that may be placed on by Lessor upon the Leased Property in accordance with the provisions of this Lease or any part thereof, and any and all renewals, replacements, modifications, consolidations, spreaders and extensions thereof ("Facility Mortgage"), if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding Any loss adjustment shall be deemed to be contractual disputes require the written consent of Lessor and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabamaeach affected Facility Mortgagee(s). Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:

General Insurance Requirements. During the Term of this Lease, Lessee Tenant shall at all times keep the Leased Property Properties, and all property located in or on the Leased PropertyProperties, including Lessee's Landlord’s Personal Property and Tenant’s Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting with insurance meeting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This following requirements: (a) all insurance shall be written by companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or better, and (iii) authorized, licensed and qualified authorized to do insurance business in the state in which applicable States and, with the Leased Property is located. The aggregate amount exception of coverage any policies issued by Tenant’s Insurance Captive permitted pursuant to Section 13.12 hereof, having a single company must rating classification of not exceed five percent less than A and a financial size category of “Class VII” or larger, according to the then most recent issue of Best’s Key Rating Guide; (5%b) of the insurance company's policyholders' surplus. The all policies must name Lessor (and any other entities as Lessor may deem necessary) Landlord as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretioninsured, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("any Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, Mortgagee by way of a standard form of mortgagee's ’s loss payable endorsement. Lessee shall endorsement in use its best efforts to secure from in the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes applicable States and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, accordance with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to such other requirements as may be made with established by such Facility Mortgagee; (c) casualty losses must be payable to Landlord or Tenant as provided in ARTICLE XIV, Lessee and loss adjustments shall either pay to Lessor monthly require the amounts required and Lessor shall transfer such amounts to such written consent of Landlord, any Facility Mortgagee orand, pursuant provided no Event of Default has occurred and is continuing at the time, Tenant, which consent shall not be unreasonably withheld by either Landlord or Tenant; (d) each insurer must agree that it will give Landlord and any Facility Mortgagee at least thirty (30) days’ written notice before its policy shall be altered, allowed to written direction expire or canceled; (e) except as otherwise provided below, the amount of any deductible or retention in excess of ten percent (10%) of the aggregate per occurrence coverage amount must be approved by LessorLandlord prior to the issuance of any policy, Lessee which approval will not be unreasonably withheld, conditioned or delayed; and (f) the form of all policies shall make such deposits directly with such be approved by Landlord and any Existing Facility Mortgagee, whose approval shall not unreasonably be withheld, conditioned or delayed, provided that such policies conform to the requirements of this ARTICLE XIII. The Notwithstanding the foregoing, Tenant may obtain so-called “umbrella” policies, comprehensive liability policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:professional liability policies of insurance from non-admitted surplus line carriers acceptable to Landlord.

General Insurance Requirements. During the Term of this Lease, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This After prior written notice to Lessee, Lessor may, at Lessor's option, obtain the insurance coverages required from Lessee herein (excluding coverages for worker's compensation and professional liability) provided that (i) the insurance coverages obtained by Lessee may be terminated without penalty or cost to Lessee, (ii) the costs of such coverages obtained by Lessor collectively do not exceed the costs of the insurance obtained by Lessee and (iii) the coverages obtained by Lessor are comparable to that obtained or to be obtained by Lessee hereunder. In the event Lessor obtains such insurance coverages, Lessee shall reimburse Lessor for the costs of such coverages immediately upon request by Lessor. The insurance shall be written by insurance companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XIIVII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA A or better, and (iii) authorized, licensed and qualified to do insurance business in the state in which the Leased Property is located. Notwithstanding the foregoing or any other provision of this Article XIII, Lessor acknowledges and agrees that the insurance coverages required under subparagraphs (d), (h) and (e) of this Section 13.1 are being handled through a captive insurance company, the identity of which has been disclosed to the Lessee and Lessor. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, contain an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date)Lessor, (iii) permit Lessor to pay premiums at Lessor's discretion, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("any Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, Lender by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding Any loss adjustment shall be deemed to be contractual disputes require the written consent of Lessor and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabamaeach affected Facility Lender. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s)Lender. If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property Instrument requires deposits of insurance to be made with such Facility MortgageeLender, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee Lender or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility MortgageeLender. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:

General Insurance Requirements. During the Term of this LeaseTerm, Lessee Tenant shall at all times keep the Leased Property and all property located in or on the Leased Property, including LesseeTenant's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee Tenant shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by Landlord, including the Lessor and as insurance described below. This All insurance shall be written by insurance companies (i) reasonably acceptable to the LessorLandlord, (ii) that are rated at least an "A-XIIVIII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA A or better, and (iii) authorized, licensed and qualified to do insurance business in the state in which the Leased Property is locatedState. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor Landlord (and any other entities as Lessor Landlord may deem necessary) as an additional insured and losses shall be payable to Lessor Landlord and/or Lessee Tenant as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by LessorLandlord, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, contain an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date)Landlord, (iii) permit Lessor Landlord to pay premiums at LessorLandlord's discretion, and (iv) as respects any third party liability claim brought against LessorLandlord, obligate the insurer to defend Lessor Landlord as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding Any loss adjustment shall be deemed to be contractual disputes require the written consent of Landlord and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabamaeach affected Facility Mortgagee. Evidence of insurance and/or Impositions shall be deposited with Lessor Landlord and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee Tenant shall either pay to Lessor Landlord monthly the amounts required and Lessor Landlord shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by LessorLandlord, Lessee Tenant shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and LesseeTenant's Personal Property, shall insure against the following risks:

General Insurance Requirements. During the Term of this Lease, Lessee shall at all times keep the Leased Property Properties, and all property located in or on the Leased PropertyProperties, including Lessor's Personal Property and Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting with insurance meeting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This following requirements: (a) all insurance shall be written by companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or better, and (iii) authorized, licensed and qualified authorized to do insurance business in the state in which applicable States and having a rating classification of not less than A- and a financial size category of "Class VIII", according to the Leased Property is located. The aggregate amount then most recent issue of coverage by a single company must not exceed five percent Best's Key Rating Guide; (5%b) of the insurance company's policyholders' surplus. The all policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretioninsured, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("any Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, Mortgagee by way of a standard form of mortgagee's loss payable endorsement. Lessee shall endorsement in use its best efforts to secure from in the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes applicable States and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, accordance with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to such other requirements as may be made with established by such Facility Mortgagee, provided, however, that if requested by Lessor and available on a commercially reasonable basis, all public liability and property damage insurance shall contain a provision that Lessor, although named as an additional 37 44 insured, shall nevertheless be entitled to recovery for loss, damage, or injury to Lessor, its servants, agents, and employees by reason of the negligence of Lessee shall either pay or Lessor; (c) losses must be payable to Lessor monthly or Lessee as provided in Article XIV, and loss adjustments shall require the amounts required written consent of Lessor and, provided it is not then in default, Lessee, which consent shall not be unreasonably withheld by either Lessor or Lessee; (d) each insurer must agree that it will give Lessor and Lessor shall transfer such amounts to such any Facility Mortgagee orat least thirty (30) days' written notice before its policy shall be altered, pursuant allowed to written direction expire or canceled; (e) the amount of any deductible or retention must be approved by Lessor prior to the issuance of any policy; and (f) the form of all policies shall be approved by Lessor, Lessee whose approval shall make such deposits directly with such not unreasonably be withheld, and by any Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:.

General Insurance Requirements. (a) During the Term of this LeaseTerm, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, Property insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, Term the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described belowbelow (provided that, with respect to each Facility, the coverages required under subsections (a)(iii), (a)(iv), (a)(vii) and (a)(viii) below and for all other coverages under this subsection (a) that are obtained under and in accordance with the applicable Project Development Agreement, such coverages shall be required from and after the applicable Completion Date). This insurance shall be written by insurance companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XIIA‑VIII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or betterGuide, and (iii) unless otherwise approved by Lessor, authorized, licensed and qualified to do insurance business in the state in which the Leased Property is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of Lessee will pay or cause to be paid all Insurance Premiums for the insurance company's policyholders' surpluscoverage required to be maintained pursuant to this Article XIII during the Term. The commercial property, rental value and business interruption policies must shall name Lessor (and any other entities as entity that Lessor may deem necessary) as an additional insured insureds and loss payees as respects coverage afforded the Leased Property under standard Insurance Services Offices (ISO) commercial property insurance endorsements CP1219 and CP1503, or manuscript equivalents, and as additional insureds and loss payees under boiler and machinery and any other property insurance policy. All casualty insurance policies shall name Lessor (and any other entity that Lessor may deem necessary) as additional insureds. All property, business interruption and boiler and machinery losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must must, unless otherwise expressly provided herein (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the contain express permission for Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against enter into a waiver of subrogation rights in favor of Lessor, an express waiver by the insurer of or any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date)Lessor, (iii) permit Lessor to pay premiums at Lessor's discretion, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional named insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the property, business interruption and boiler and machinery policies shall name as an additional insured the holder ("all Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage")Lenders, if any, by way of a standard or other acceptable form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding Any loss adjustment shall be deemed to be contractual disputes require the written consent of Lessor and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabamaeach affected Facility Lender. Evidence or verification (as defined in Section 13.4 below) of insurance and/or Impositions shall be deposited with Lessor 37 and, if requested, with any Facility Mortgagee(s)Lender. If any provision Insurance Premiums are required to be deposited or escrowed in accordance with Section 3.2, then Lessee shall pay or deposit the amount of any Facility Mortgage which constitutes a first lien on such Insurance Premiums in accordance with Section 3.2. With respect to each Facility, the policies required hereunder relating to Lessee, the portion of the Leased Property requires deposits of insurance relating to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Propertyeach Facility, including the Leased Improvements, the Fixtures Improvements and Lessee's Personal PropertyProperty relating to such Facility, shall insure against the following risks:

General Insurance Requirements. (a) During the Term Term, and subject to the provisions of this LeaseSection 13.l(b) below, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Xxxxxx’s Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, and subject to the provisions of Section 13.1(b) below, Lessee shall obtain and maintain in effect throughout the Lease Term, Term the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written by insurance companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "“A-XII" VIII” or better by Best's ’s Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or betterGuide, and (iii) authorized, licensed and qualified to do insurance business in the state in which the Leased Property is located. The aggregate amount of coverage by a single company must not exceed five percent Five Percent (5%) of the insurance company's ’s policyholders' ’ surplus. Except as otherwise expressly set forth in Section 4.4 and subsection (b) hereof, Lessee will pay or cause to be paid all Insurance Premiums for the insurance coverage required to be maintained pursuant to this Article XIII during the Term. The property and business interruption policies must shall name Lessor (and any other entities as entity that Lessor may deem necessary) as an a named insured as respects coverage afforded the Leased Property under standard Insurance Services Offices (ISO) commercial property insurance endorsements CP1219 and CP1503, or manuscript equivalents, and as a loss payee under boiler and machinery and any other property insurance policy. The commercial general liability and excess or umbrella liability policies (and any other liability policies) shall name Lessor (and any other entity that Lessor may deem necessary) as additional insured as respects liability arising from Xxxxxx’s use, occupancy or maintenance of the Leased Property. All property, business interruption and boiler and machinery losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must must, unless otherwise expressly provided herein (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the contain express permission for Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against enter into a waiver of subrogation rights in favor of Lessor, an express waiver by the insurer of or any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date)Lessor, (iii) permit Lessor to pay premiums at Lessor's ’s discretion, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor Xxxxxx as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the property, business interruption and boiler and machinery policies shall name as an additional insured the holder ("all Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage")Lenders, if any, by way of a standard or other acceptable form of mortgagee's ’s loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding Any loss adjustment shall be deemed to be contractual disputes require the written consent of Lessor and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabamaeach affected Facility Lender. Evidence or verification (as hereinafter defined) of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s)Lender. If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property Instrument requires deposits of insurance to be made with such Facility MortgageeLender, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee Lender or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility MortgageeLender; provided, that any such deposits made shall be applied by Lessor or such Facility Lender to the payment of such insurance obligations as and when the same become due. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Xxxxxx’s Personal Property, shall insure against the following risks:

General Insurance Requirements. During the Term of All insurance provided for in this Lease, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written maintained under valid and enforceable policies issued by companies (i) reasonably acceptable insurers of recognized responsibility, approved to do business in the Lessor, (ii) that are rated at least an State in which the applicable Facility is located having a general policyholders rating of not less than "A-XIIA-" or better by and a financial rating of not less than "VIII" in the then most current Best's Insurance Guide Report. Any and Key Ratings and a claim payment rating by Standard & Poor's Corporation all policies of AA or better, and (iii) authorized, licensed and qualified to do insurance business in required under this Lease shall name the state in which the Leased Property is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor (and any other entities as Lessor may deem necessary) Landlord as an additional insured insured, shall be primary and losses non-contributory with any insurance that Landlord may maintain in connection with the Premises, and shall be on an "occurrence" basis, or on a "claims-made" basis upon Landlord's prior written consent, which consent shall not be unreasonably withheld at such times as the applicable insurance is not available on an "occurrence" bases at commercially reasonable rates, as reasonably determined by Landlord; provided, however, the proceeds of any business interruption policy shall be payable to Lessor and/or Lessee as provided Tenant without relieving Tenant in Article XIVany way of its obligation to pay rent under this Lease. Each With respect to any insurance policy required hereunder must maintained by Tenant in accordance with this Section 4.1 that is on a "claims-made" basis: (ia) provide primary insurance without right any renewal or replacement of contribution from any other insurance carried by Lessor, such policy shall show as its prior acts/retroactive or continuity date the first date of claims-made coverage under the policy being renewed or replaced; (iib) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does policy is cancelled or not contain such waiver, Lessee shall use its best efforts to obtain renewed and is not concurrently replaced with a policy which does contain providing insurance on an "occurrence" basis with "full prior acts" coverage, Tenant shall obtain effective as of such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until cancellation or non-renewal an "extended reporting provision option" (or "tail" coverage) for a minimum of three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretion, years; and (ivc) as respects if such policy is replaced by any third party liability claim brought against Lessorpolicy providing coverage on an "occurrence" basis, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee replacement policy shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabamacontain a "full prior acts" provision. In addition, Landlord shall be shown as the loss payable beneficiary under the casualty insurance policy maintained by Tenant pursuant to Section 4.2. All policies of insurance required herein may be in the form of "blanket" or "umbrella" type policies which shall name the Landlord and Tenant as an additional insured their interests may appear and allocate to each Facility the holder ("Facility Mortgagee") full amount of any mortgage, deed insurance required hereunder. Original policies or satisfactory certificates from the insurers evidencing the existence of trust or other security agreement securing any Encumbrance placed on all policies of insurance required by this Lease and showing the Leased Property in accordance interest of the Landlord shall be filed with the provisions Landlord prior to the commencement of this Lease the Term and shall provide that the subject policy may not be canceled except upon not less than ten ("Facility Mortgage")10) days prior written notice to Landlord. If Landlord is provided with a certificate, if any, upon Landlord's request Tenant shall provide Landlord with a complete copy of the insurance policy evidenced by way such certificate within thirty (30) days of a standard form the commencement of mortgagee's loss payable endorsementthe Term. Lessee shall use its best efforts to secure Originals of the renewal policies or certificates therefor from the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions insurers evidencing the existence thereof shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s)Landlord upon renewal of the applicable policies. If Landlord is provided with a certificate for a renewal policy, upon Landlord's request Tenant shall deliver a copy of the complete renewal policy to Landlord within thirty (30) days of the expiration of the replaced policy. Any claims under any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits policies of insurance described in this Lease shall be adjudicated by and at the expense of the Tenant or of its insurance carrier, but shall be subject to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required joint control of Tenant and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:Landlord.

General Insurance Requirements. During the Term of this Lease, Lessee shall at all times keep the Leased Property Properties, and all property located in or on the Leased PropertyProperties, including Lessor’s Personal Property and Lessee's ’s Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting with insurance meeting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This following requirements: (a) all insurance shall be written by companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or better, and (iii) authorized, licensed and qualified authorized to do insurance business in the state in which applicable States and having a rating classification of not less than A- and a financial size category of “Class X”, according to the Leased Property is located. The aggregate amount then most recent issue of coverage by a single company must not exceed five percent Best’s Key Rating Guide; (5%b) of the insurance company's policyholders' surplus. The all policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretioninsured, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("any Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, Mortgagee by way of a standard form of mortgagee's ’s loss payable endorsementendorsement in use in the applicable States. Lessee However, if requested by Lessor and available on a commercially reasonable basis, all public liability and property damage insurance shall use its best efforts to secure from the insurance company its agreement contain a provision that any disputes regarding loss adjustment Lessor, although named as an insured, nevertheless shall be deemed entitled to recovery for loss, damage or injury to Lessor, its servants, agents and employees by reason of the negligence of Lessee or Lessor; (c) losses must be contractual disputes payable to Lessor or Lessee as provided in Article XIV, and all litigation loss adjustments shall require the written consent of Lessor, any Facility Mortgagee and, provided it is not then in default, Lessee, which consent shall not be unreasonably withheld by either Lessor or Lessee; (d) each insurer must agree that it will give Lessor and proceedings in connection therewith any Facility Mortgagee at least sixty (60) days’ written Notice before its policy shall be tried altered, allowed to expire or canceled; (e) the amount of any deductible or retention must be approved by jury in Jefferson County, Alabama. Evidence Lessor prior to the issuance of insurance and/or Impositions any policy; and (f) the form of all policies shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction approved by Lessor, whose approval shall not unreasonably be withheld. Notwithstanding anything in this ARTICLE XIII to the contrary, Lessor consents to Lessee shall make such deposits directly insuring the coverages required by Sections 13.2.4 and 13.2.5 through a pure captive owned by the Lessee and the Sublessees, which insurance capitve may not meet the AmBest rating requirement set forth in this Section, provided that the insurance coverages otherwise comply with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:this ARTICLE XIII.

General Insurance Requirements. During the Term of this Lease, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written by companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or better, and (iii) authorized, licensed and qualified to do insurance business in the state in which the Leased Property is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable ratesrate; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretion, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:

General Insurance Requirements. During the Term of All insurance provided for in this Lease, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written maintained under valid and enforceable policies issued by companies (i) reasonably acceptable insurers of recognized responsibility, licensed and approved to do business in the LessorState of Oklahoma, (ii) that are rated at least an having a rating of not less than "A-XIIX" or better by in the then most current Best's Insurance Guide Report. Any and Key Ratings and a claim payment rating by Standard & Poor's Corporation all policies of AA or better, and (iii) authorized, licensed and qualified to do insurance business in required under this Lease shall name the state in which the Leased Property is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor (and any other entities as Lessor may deem necessary) Landlord as an additional insured and losses shall be on an "occurrence" basis. In addition, Landlord shall be shown as the loss payable to Lessor and/or Lessee as provided in Article XIV. Each beneficiary under the casualty insurance policy maintained by Tenant pursuant to Section 4.2. All policies of insurance required hereunder must (i) provide primary herein may be in the form of "blanket" or "umbrella" type policies which shall name the Landlord and Tenant as their interests may appear and allocate to the Premises the full amount of insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification required hereunder. Original policies or satisfactory certificates from the insurer insurers evidencing the existence of all policies of insurance required by this Lease and showing the interest of the Landlord shall be filed with the Landlord prior to the commencement of the Term and shall provide that such insurer will the subject policy may not subrogate against Lessorbe cancelled except upon not less than ten (10) days prior written notice to Landlord. If Landlord is provided with a certificate, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee upon Landlord's request Tenant shall use its best efforts to obtain provide Landlord with a complete copy of the insurance policy which does contain evidenced by such waiver, provided certificate as soon as possible after the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, commencement of the Term but not later than sixty (60) days after the commencement of the Term. Certificates of the renewal policies from the insurers evidencing the existence thereof shall be deposited with Landlord not less than five (5) days prior to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following expiration dates of the Commencement Date), (iii) permit Lessor to pay premiums at Lessorpolicies. Upon Landlord's discretion, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee request Tenant shall use its best efforts to secure from deliver a copy of the complete renewal policy to Landlord as soon as possible after the expiration of the replaced policy but not later than sixty (60) days after the expiration of the replaced policy. Any claims under any policies of insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property described in this Lease shall be deemed contractual disputes adjudicated by and all litigation and proceedings in connection therewith at the expense of the Tenant or of its insurance carrier, but shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("Facility Mortgagee") subject to joint control of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes Tenant and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:Landlord.

General Insurance Requirements. During (a) Keep all of the Term Borrower's and each of this Lease, Lessee shall at its Subsidiary's insurable properties (including all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, physical Collateral) insured against loss or damage from fire and other hazards (so called "All Risk" coverage), with financially responsible companies and in amounts reasonably satisfactory to the Lender and, in any event, in at least such causes amounts and against at least such risks as are customarily usually insured against, by prudent owners of similar facilities. Without limiting against in the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written same general area(s) by companies engaged in the same or similar business, (ib) maintain public liability coverage against claims for personal injuries, death or property damage, in amounts reasonably acceptable satisfactory to the LessorLender, (iic) that are rated at least an "A-XII" maintain product liability insurance in amounts reasonably satisfactory to the Lender, (d) maintain all worker's compensation, employment or better similar insurance as may be required by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or betterApplicable Law, and (iiie) authorized, licensed and qualified to do insurance business in the state in which the Leased Property is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any maintain such other insurance carried as may be required by LessorApplicable Law or reasonably required by the Lender. Such All Risk, property insurance, public and product liability coverage shall provide for a minimum of thirty (ii30) contain, unless the Lessee provides to Lessor days' prior written confirmation and verification notice from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer to Lender of any right of subrogationexpiration or termination of, setoff or counterclaim against any insured party thereunder including Lessor (providedmaterial amendment to, however, that if such insurance does not coverage. Such All Risk property insurance shall name the Lender as loss payee or mortgagee, as the case may be, and shall contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided clause specifying that the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, interests of Lender shall not be required to replace its existing insurance coverage until three impaired or invalidated by any act or neglect of Borrower (3or other owner of the property) months following or by the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretion, and (iv) occupation of the premises for purposes more hazardous than are permitted by said policy. The Lender shall be named as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunderon all such public liability and product liability policies. Borrower agrees to deliver copies of all of the aforesaid insurance policies to the Lender. In the event Lessee is unable of any loss or damage to obtain the assets or other properties of the Borrower or its Subsidiaries, Borrower shall give immediate written notice to the Lender and to its insurers of such waiver loss or damage and shall promptly file its proofs of subrogationloss with said insurers. All obligations of the Borrower, Lessee shall use its best efforts and all rights of the Lender, with respect to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property contained in this Section 4.3 shall be deemed contractual disputes in addition to, and all litigation not in limitation of, any other obligations and proceedings rights with respect to insurance set forth in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:other

General Insurance Requirements. During the Term of this LeaseTerm, Lessee shall at all times keep the Leased Property Premises, and all property located in or on the Leased Property, including Lessee's Personal PropertyLessor’s Equipment, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, with the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This All insurance provided for in this Lease other than as set forth in (vi) below shall be written maintained under valid and enforceable policies issued by companies (i) reasonably acceptable insurers of recognized responsibility, licensed and approved to the Lessordo business in Texas, (ii) that are rated at least an "having a general policyholder’s rating of not less than A-XII" X or better by Best's Insurance ’s Key Rating Guide and Key Ratings and with a claim payment claims paying ability rating by from Standard & Poor's Corporation ’s of at least AA or betterand the equivalent rating from at least one other rating agency. All policies of insurance required under this Lease (other than “umbrella/excess” liability policies) shall name Lessor, and (iii) authorizedLessor’s lender, licensed and qualified to do if applicable, as additional insureds. All policies of insurance business required herein may be in the state in which form of “blanket” or “umbrella/excess” type policies; provided, that any “blanket” policies shall allocate to the Leased Property is located. The aggregate the full amount of insurance required hereunder and any “umbrella/excess” liability policies shall follow underlying policies which specifically name Lessor, and Lessor’s lender, if applicable, as additional insureds. Original policies or satisfactory certificates of insurance or renewal policies, as applicable, from the insurers or agents or brokers on the insurers’ behalf evidencing the existence of all insurance coverage required by a single company must not exceed five percent (5%) this Lease and showing the interest of the Lessor shall be provided to Lessor prior to the date of this Amended and Restated Lease Agreement and within ten (10) Business Days of Lessor’s request and shall provide that the subject policy may not be canceled, modified or reduced except upon not less than ten (10) Business Days prior written notice to Lessor as provided by Lessee. Any claims under any policies of insurance company's policyholders' surplusdescribed in this Lease shall be adjudicated by and at the expense of Lessee or of its insurance carrier, but shall be subject to joint control of Lessee and Lessor. Lessee shall provide no less than thirty (30) days cancellation notice of insurance coverage to Lessor and Lessor’s Lender, if applicable. The policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretion, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:

General Insurance Requirements. During the Term of this LeaseTerm, Lessee ------------------------------ shall at all times keep the Leased Property of each Facility, and all property located in or on the Leased PropertyProperty of each such Facility, including all Capital Additions, Fixtures and Lessee's Personal PropertyProperty thereon, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, with the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written by companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or better, and (iii) authorized, licensed and qualified authorized to do insurance business in the state State in which the Leased Property of each such Facility is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The All liability type policies must name Lessor (and any other entities as Lessor may deem necessary) as an "additional insured insured"; provided, however, that with respect to any medical professional liability policy, Lessee shall only be required to name Lessor as an "additional insured" on such policy if such coverage is available on commercially reasonable terms. All property, loss of rental and losses business interruption type policies shall name Lessor as "loss payee." Losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretion, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies policies, as appropriate, shall name as an "additional insured insured" or "loss payee" the holder ("Facility Mortgagee") of any mortgage, deed of trust or other security agreement ("Facility Mortgagee") securing any indebtedness or any other Fee Encumbrance placed on the Leased Property of any Facility in accordance with the provisions of this Lease Article XXXVI ("Facility Mortgage"), if any, ) by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding Any loss adjustment in excess of One Hundred Fifty Thousand Dollars ($150,000.00) shall be deemed to be contractual disputes require the written consent of Lessor, Lessee, and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabamaeach Facility Mortgagee. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risksrisks with respect to each Facility:

General Insurance Requirements. (a) During the Term of this LeaseTerm, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's ’s Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, and subject to the provisions below, Lessee shall obtain and maintain in effect throughout the Lease Term, Term with respect to the Leased Property the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written by insurance companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "“A-XII" VIII” or better by Best's ’s Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or betterGuide, and (iii) unless otherwise approved by Lessor, authorized, licensed and qualified to do insurance business in the state in which the Leased Property is located. The Notwithstanding the foregoing or any other provision of this Article XIII. Lessor acknowledges and agrees that the insurance coverages required under subparagraphs (ii), (iii), (iv), (v), (vi) and (vii) of this Section 13.1(a) may be obtained through a captive insurance company, the identity of which has been disclosed to Lessee and Lessor (the “Captive”). With the exception of the Captive, the aggregate amount of coverage by a single company must not exceed five percent Five Percent (5%) of the insurance company's ’s policyholders' ’ surplus. Lessee will pay or cause to be paid all Insurance Premiums for the insurance coverage required to be maintained pursuant to this Article XIII during the Term. The commercial property, rental value and business interruption policies must shall name Lessor (and any other entities as entity that Lessor may deem necessary) as an additional insured insureds and loss payees as respects coverage afforded the Leased Property under standard Insurance Services Offices (ISO) commercial property insurance endorsements CP 1219 and CP1503, or manuscript equivalents, and as additional insureds and loss payees under boiler and machinery and any other property insurance policy. Except as provided below with respect to commercial general liability, professional liability and excess or umbrella liability policies, all other coverage policies shall name Lessor (and any other entity that Lessor may deem reasonably necessary) as additional insureds as respects liability arising from Lessee’s use, occupancy or maintenance of the Leased Property. The commercial general liability, professional liability and the excess or umbrella liability policies shall name Lessor (and any other entity that Lessor may deem reasonably necessary) as additional insureds. All property, business interruption and boiler and machinery losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must must, unless otherwise expressly provided herein (iw) provide primary insurance without right of contribution from any other insurance carried by Lessor, (iix) contain, unless the contain express permission for Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against enter into a waiver of subrogation rights in favor of Lessor, an express waiver by the insurer of or any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date)Lessor, (iiiy) permit Lessor to pay premiums at Lessor's ’s discretion, and (ivz) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional a named insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the property, business interruption and boiler and machinery policies shall name as an additional insured the holder ("loss payee all Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage")Lenders as their interests appear, if any, by way of a standard or other acceptable form of mortgagee's ’s loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding Any loss adjustment in excess of One Million Dollars ($1,000,000.00) shall be deemed to be contractual disputes require the written consent of Lessor and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabamaeach affected Facility Lender. Evidence or verification (as defined herein) of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s)Lender. If any provision Insurance Premiums are required to be deposited or escrowed in accordance with this Lease, then Lessee shall pay or deposit the amount of any Facility Mortgage which constitutes a first lien on such Insurance Premiums in accordance with this Lease. With respect to each Facility, the policies required hereunder relating to Lessee, the portion of the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Propertyrelating thereto, including the Leased Improvements, the Fixtures Improvements and Lessee's ’s Personal PropertyProperty relating to such Facility, shall insure against the following risks:

General Insurance Requirements. During the Term of All insurance policies Supplier is required to carry pursuant to this Lease, Lessee shall at all times keep the Leased Property Section shall: (a) be primary and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written by companies (i) reasonably acceptable non-contributing with respect to the Lessor, (ii) that are rated at least an "A-XII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or better, and (iii) authorized, licensed and qualified to do insurance business in the state in which the Leased Property is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried or self- insurance CGI may maintain; (b) name CGI and its officers and employees as additional insureds on the Commercial General Liability and Automobile Policies, as such parties' interests may appear with respect to this MSA and any Statement of Work (except as to the insurance described in Section 24.1(a)(iii), 24.1(a)(v) and 24.1(a)(vi)); (c) be provided by Lessorreputable and financially responsible insurance carriers approved by SOV, with an A.M. Best's minimum rating of "A-" and minimum Best's financial size category of "X"; (iid) contain, unless the Lessee provides to Lessor written confirmation and verification from require that the insurer that endeavor to notify CGI in writing at least thirty (30) days in advance of cancellation (and Supplier shall in any event provide CGI with such notice at least thirty (30) days in advance of cancelation unless Supplier has not been so informed by its insurer) and (e) in the case of the Commercial General Liability policies, and subject to the requirements of Supplier's existing policies with its insurers, use reasonable efforts to cause all other insurance policies to include a waiver of all rights of subrogation against CGI. Each insurer will not subrogate against Lessor, an express waiver by the insurer under each such policy shall be amenable to suit and collection of any right judgment in the State of subrogationVermont. Supplier shall provide a certificate of insurance issued by their insurance broker (as well as updates to such certificate at each policy renewal) evidencing the coverage. If Supplier is unable to provide the insurance coverage specified in this Article then CGI shall be entitled, setoff or counterclaim against any insured party thereunder including Lessor (providedon commercially reasonable terms, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain all or any portion of such waivercoverage at Supplier's sole cost and expense, provided and the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, premiums paid by CGI therefor shall not be required subject to replace its existing any limitations set forth in Article 25; provided that Supplier shall have the right, within sixty (60) days, to cure any failure to provide insurance hereunder so long as coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretiondoes not lapse, and (iv) if coverage has lapsed or a lapse is imminent, then Supplier shall not be entitled to cure except as respects any third party liability claim brought against Lessor, obligate the insurer consented to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use by CGI in its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:reasonable discretion.

General Insurance Requirements. During the Term of this Lease, Lessee shall at all times keep the Leased Property Properties, and all property located in or on the Leased PropertyProperties, including Lessor’s Personal Property and Lessee's ’s Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting with insurance meeting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This following requirements: (a) all insurance shall be written by companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or better, and (iii) authorized, licensed and qualified authorized to do insurance business in the state in which applicable States and having a rating classification of not less than A- and a financial size category of "Class X", according to the Leased Property is located. The aggregate amount then most recent issue of coverage by a single company must not exceed five percent Best’s Key Rating Guide; (5%b) of the insurance company's policyholders' surplus. The all policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretioninsured, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("any Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, Mortgagee by way of a standard form of mortgagee's ’s loss payable endorsementendorsement in use in the applicable States. Lessee However, if requested by Lessor and available on a commercially reasonable basis, all public liability and property damage insurance shall use its best efforts to secure from the insurance company its agreement contain a provision that any disputes regarding loss adjustment Lessor, although named as an insured, nevertheless shall be deemed entitled to recovery for loss, damage or injury to Lessor, its servants, agents and employees by reason of the negligence of Lessee or Lessor; (c) losses must be contractual disputes payable to Lessor or Lessee as provided in Article XIV, and all litigation loss adjustments shall require the written consent of Lessor, any Facility Mortgagee and, provided it is not then in default, Lessee, which consent shall not be unreasonably withheld by either Lessor or Lessee; (d) each insurer must agree that it will give Lessor and proceedings in connection therewith any Facility Mortgagee at least sixty (60) days’ written Notice before its policy shall be tried altered, allowed to expire or canceled; (e) the amount of any deductible or retention must be approved by jury in Jefferson County, Alabama. Evidence Lessor prior to the issuance of insurance and/or Impositions any policy; and (f) the form of all policies shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction approved by Lessor, whose approval shall not unreasonably be withheld. Notwithstanding anything in this ARTICLE XIII to the contrary, Lessor consents to Lessee shall make such deposits directly insuring the coverages required by Sections 13.2.4 and 13.2.5 through a pure captive owned by the Lessee and the Sublessees, which insurance capitve may not meet the AmBest rating requirement set forth in this Section, provided that the insurance coverages otherwise comply with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:this ARTICLE XIII.

General Insurance Requirements. During the Term of this Lease, Lessee shall at all times keep the Leased Property Properties, and all property located in or on the Leased PropertyProperties, including Lessor’s Personal Property and Lessee's ’s Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting with insurance meeting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This following requirements: (a) all insurance shall be written by companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or better, and (iii) authorized, licensed and qualified authorized to do insurance business in the state in which applicable States and having a rating classification of not less than A- and a financial size category of “Class VII” or larger, according to the Leased Property is located. The aggregate amount then most recent issue of coverage by a single company must not exceed five percent Best’s Key Rating Guide; (5%b) of the insurance company's policyholders' surplus. The all policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretioninsured, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("any Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, Mortgagee by way of a standard form of mortgagee's ’s loss payable endorsement. Lessee shall endorsement in use its best efforts to secure from in the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes applicable States and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, accordance with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to such other requirements as may be made with established by such Facility Mortgagee; (c) casualty losses must be payable to Lessor or Lessee as provided in Article XIV, and loss adjustments shall require the written consent of Lessor, any Facility Mortgagee and, provided no Event of Default has occurred and is continuing at the time, Lessee, which consent shall not be unreasonably withheld by either Lessor or Lessee; (d) each insurer must agree that it will give Lessor and any Facility Mortgagee at least thirty (30) days’ written notice before its policy shall be altered, allowed to expire or canceled; (e) the amount of any deductible or retention must be approved by Lessor prior to the issuance of any policy, which approval will not be unreasonably withheld, conditioned or delayed; and (f) the form of all policies shall be approved by Lessor and any Existing Facility Mortgagee, whose approval shall not unreasonably be withheld, conditioned or delayed, provided that such policies conform to the requirements of this article XIII. Notwithstanding the foregoing, Lessee shall either pay may obtain so-called “umbrella” policies, comprehensive liability policies and professional liability policies of insurance from non-admitted surplus line carriers acceptable to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:.

General Insurance Requirements. (a) During the Term of this LeaseTerm, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's ’s Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, and subject to the provisions below, Lessee shall obtain and maintain in effect throughout the Lease Term, Term with respect to the Leased Property the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written by insurance companies (i) reasonably acceptable to Lessor (Lessor acknowledging that Auriga Insurance Group (“Auriga”) is acceptable to Lessor for the Lessorprovision of the coverages described in subsections (vii) and (viii) below), (ii) that are rated at least an "“A-XII" VIII” or better by Best's ’s Insurance Guide and Key Ratings and a claim payment (except for Auriga, for which no rating by Standard & Poor's Corporation of AA or betteris required), and (iii) unless otherwise approved by Lessor, authorized, licensed and qualified to do insurance business in the state in which the Leased Property is located. The aggregate amount of coverage by a single company must not exceed five percent Five Percent (5%) of the insurance company's ’s policyholders' ’ surplus. Lessee will pay or cause to be paid all Insurance Premiums for the insurance coverage required to be maintained pursuant to this Article XIII during the Term. The commercial property, rental value and business interruption policies must shall name Lessor and MPT Real Estate Owner (and any other entities as entity that Lessor may deem reasonably necessary) as an additional insured insureds and loss payees as respects coverage afforded the Leased Property under standard Insurance Services Offices (ISO) commercial property insurance endorsements CP1219 and CP1503, or manuscript equivalents, and as additional insureds and loss payees under boiler and machinery and any other property insurance policy. Except as provided below with respect to commercial general liability, professional liability and excess or umbrella liability policies, all other coverage policies shall name Lessor and MPT Real Estate Owner (and any other entity that Lessor may deem reasonably necessary) as additional insureds as respects liability arising from Lessee’s use, occupancy or maintenance of the Leased Property. The commercial general liability, professional liability and the excess or umbrella liability policies shall name Lessor and MPT Real Estate Owner (and any other entity that Lessor may deem reasonably necessary) as named insureds. All property, business interruption and boiler and machinery losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must must, unless otherwise expressly provided herein (iw) provide primary insurance without right of contribution from any other insurance carried by Lessor, (iix) contain, unless the contain express permission for Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against enter into a waiver of subrogation rights in favor of Lessor, an express waiver by the insurer of or any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date)Lessor, (iiiy) permit Lessor to pay premiums at Lessor's ’s discretion, and (ivz) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional a named insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the property, business interruption and boiler and machinery policies shall name as an additional insured the holder ("loss payee all Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage")Lenders as their interests appear, if any, by way of a standard or other acceptable form of mortgagee's ’s loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding Any loss adjustment in excess of One Million Dollars ($1,000,000) shall be deemed to be contractual disputes require the written consent of Lessor and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabamaeach affected Facility Lender. Evidence or verification (as defined herein) of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s)Lender. If any provision of any Facility Mortgage which constitutes a first lien on With respect to each Property, the Leased Property requires deposits of insurance policies required hereunder relating to be made with Lessee and such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures Improvements and Lessee's ’s Personal PropertyProperty relating thereto, shall insure against the following risks:

General Insurance Requirements. (a) During the Term of this LeaseTerm, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's ’s Personal Property, Property insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, Term the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described belowbelow (provided that, with respect to each Facility, the coverages required under subsections (a)(iii), (a)(iv), (a)(vii) and (a)(viii) below and for all other coverages under this subsection (a) that are obtained under and in accordance with the applicable Project Development Agreement, such coverages shall be required from and after the applicable Completion Date). This insurance shall be written by insurance companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "“A-XII" VIII” or better by Best's ’s Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or betterGuide, and (iii) unless otherwise approved by Lessor, authorized, licensed and qualified to do insurance business in the state in which the Leased Property is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of Lessee will pay or cause to be paid all Insurance Premiums for the insurance company's policyholders' surpluscoverage required to be maintained pursuant to this Article XIII during the Term. The commercial property, rental value and business interruption policies must shall name Lessor (and any other entities as entity that Lessor may deem necessary) as an additional insured insureds and loss payees as respects coverage afforded the Leased Property under standard Insurance Services Offices (ISO) commercial property insurance endorsements CP1219 and CP1503, or manuscript equivalents, and as additional insureds and loss payees under boiler and machinery and any other property insurance policy. All casualty insurance policies shall name Lessor (and any other entity that Lessor may deem necessary) as additional insureds. All property, business interruption and boiler and machinery losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must must, unless otherwise expressly provided herein (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the contain express permission for Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against enter into a waiver of subrogation rights in favor of Lessor, an express waiver by the insurer of or any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date)Lessor, (iii) permit Lessor to pay premiums at Lessor's ’s discretion, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional named insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the property, business interruption and boiler and machinery policies shall name as an additional insured the holder ("all Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage")Lenders, if any, by way of a standard or other acceptable form of mortgagee's ’s loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding Any loss adjustment shall be deemed to be contractual disputes require the written consent of Lessor and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabamaeach affected Facility Lender. Evidence or verification (as defined in Section 13.4 below) of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s)Lender. If any provision Insurance Premiums are required to be deposited or escrowed in accordance with Section 3.2, then Lessee shall pay or deposit the amount of any Facility Mortgage which constitutes a first lien on such Insurance Premiums in accordance with Section 3.2. With respect to each Facility, the policies required hereunder relating to Lessee, the portion of the Leased Property requires deposits of insurance relating to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Propertyeach Facility, including the Leased Improvements, the Fixtures Improvements and Lessee's ’s Personal PropertyProperty relating to such Facility, shall insure against the following risks:

General Insurance Requirements. During the Term of this LeaseLoan Term, Lessee the Borrower Parties shall at all times keep the Leased Property Collateral and all property located in or on the Leased Property, including Lessee's Personal PropertyCollateral, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee Borrower Parties shall obtain and maintain in effect throughout the Lease Loan Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor MPT Parties and as described below. At the MPT Parties' option and provided that the costs of such coverages collectively do not exceed the costs of such insurance obtained by the Borrower Parties, the MPT Parties may obtain the insurance coverages as required herein and, in such event, the Borrower Parties, jointly and severally, shall reimburse the MPT Parties for the costs of such coverages immediately upon request by either of the MPT Parties. This insurance shall be written by insurance companies (i) reasonably acceptable to the LessorMPT Parties, (ii) that are rated at least an "A-XII, VIII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA A or betterbetter (except as otherwise set forth in SCHEDULE 6.6(A) hereof), and (iii) authorized, licensed and qualified to do insurance business in the state in which the Leased Property Collateral is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor the MPT Parties (and any other entities as Lessor MPT may deem necessary) as an additional insured and losses shall be payable to Lessor the MPT Parties and/or Lessee Alliance as provided in Article XIVSection 6.7. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessorthe MPT Parties, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, contain an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date)MPT Parties, (iii) permit Lessor the MPT Parties to pay premiums at Lessor's the MPT Parties' discretion, and (iv) as respects any third party liability claim brought against Lessorany one or more of the MPT Parties, obligate the insurer to defend Lessor the MPT Parties as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name the MPT Parties as an additional insured the holder ("Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding Any loss adjustment shall be deemed to be contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabamarequire the written consent of the MPT Parties. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility MortgageeMPT Parties. The policies on the Leased PropertyCollateral, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:

General Insurance Requirements. During All insurance provided for in this Lease shall be maintained under valid and enforceable policies issued by insurers of recognized responsibility, licensed and approved to do business in the Term of this Leasejurisdiction in which the Premises are located, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This to all insurance shall be written by companies (i) reasonably acceptable to the Lessorexcept for GL/PL insurance, (ii) that are rated at least an "having a general policyholders rating of not less than A-XII" X or better by Best's Insurance ’s Key Rating Guide and Key Ratings with a claims paying ability rating from S&P of at least AA. Any and all policies of insurance provided for in this Lease except for the GL/PL insurance shall (a) name Lessor and Senior Lender as additional insureds, as their interests may appear, or mortgagee payee as appropriate; (b) contain a standard noncontributory mortgage clause and a claim payment rating lender’s loss payable endorsement, or their equivalent, naming Senior Lender (or any other party designated by Standard & Poor's Corporation Senior Lender) as the party to which all payments made by such insurance company shall be paid; provided, however, the use of AA or better, funds shall be in accordance with Section 13 and the SNDA; and (iiic) authorizednotwithstanding anything contained in this Article 5 to the contrary, licensed satisfy all commercially reasonable requirements of the Senior Loan Documents provided Lessor provides copies of such requirements to Lessee. Any and qualified all policies of insurance required under this Lease other than policies required pursuant to do Sections 5.3 and 5.4 shall be on an “occurrence” basis. In addition, Lessor shall be shown as the loss payable beneficiary under the casualty insurance business policies maintained by Lessee pursuant to Section 5.2. All policies of insurance required herein may be in the state in form of “blanket” or “umbrella” type policies which shall name Lessor and Lessee as their interests may appear and allocate to each property the Leased Property is located. The aggregate full amount of coverage insurance required hereunder. Original policies or satisfactory certificates from the insurers evidencing the existence of all policies of insurance required by this Lease and showing the interest of Lessor shall be provided to Lessor prior to the commencement of the Term and shall provide that the subject policy may not be canceled, modified or reduced by the insurer except upon not less than thirty (30) days prior written notice to Lessor. If Lessor is provided with a single company must not exceed five percent (5%) certificate, upon Lessor’s request, Lessee shall provide Lessor with a complete copy of the insurance company's policyholders' surpluspolicy evidenced by such certificate within thirty (30) days of such request if the policy has been issued. The Originals of the renewal policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses or certificates therefor from the insurers evidencing the existence thereof shall be payable provided to Lessor and/or not less than ten (10) days prior to the expiration dates of the policies if the policies have been issued. If Lessor is provided with a certificate for a renewal policy, upon Lessor’s request Lessee as provided shall deliver a copy of the complete renewal policy to Lessor within thirty (30) days of the expiration of the replaced policy if the policy has been issued. Any claims under any policies of insurance described in Article XIVthis Lease shall be adjudicated by and at the expense of Lessee or of its insurance carrier, but shall be subject to joint control of Lessee and Lessor subject to the terms hereof. Provided that Lessee complies with the provisions hereof, Lessee shall not be liable for any insurance premiums incurred by Lessor to purchase policies that duplicate the insurance obtained by Lessee. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer under this Lease shall contain a provision that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required cancelled or amended, including without limitation, any amendment that would reduce the scope or limits of coverage or remove any endorsement to replace its existing insurance coverage until three (3) months following such policy or cause the Commencement Date)same to no longer be in full force and effect, (iii) permit Lessor to pay premiums at Lessor's discretion, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding loss adjustment shall be deemed fail to be contractual disputes and all litigation and proceedings renewed, without at least thirty (30) days prior written notice to Senior Lender in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:each instance.

General Insurance Requirements. During the Term of this Lease, Lessee shall at all times keep the Leased Property and all property located in or on the Leased Property, including Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This insurance shall be written by insurance companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XIIVIII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA A or better, and (iii) authorized, licensed and qualified to do insurance business in the state in which the Leased Property is located. The aggregate amount of coverage by a single company must not exceed five percent (5%) of the insurance company's policyholders' surplus. The policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretion, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("all Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage")Lenders, if any, by way of a standard form of mortgagee's loss payable endorsement. Lessee shall use its best efforts to secure from the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Any loss adjustment shall require the written consent of Lessor and each affected Facility Lender. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, with any Facility Mortgagee(s)Lender. If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property Instrument requires deposits of insurance to be made with such Facility MortgageeLender, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee Lender or, pursuant to written direction by Lessor, Lessee shall make such deposits directly with such Facility MortgageeLender. The policies on the Leased Property, including the Leased Improvements, the Fixtures and Lessee's Personal Property, shall insure against the following risks:

General Insurance Requirements. During the Term of this Lease, Lessee shall at all times keep the Leased Property Property, ------------------------------ and all property located in or on the Leased Property, including Lessor's Personal Property and Lessee's Personal Property, insured against loss or damage from such causes as are customarily insured against, by prudent owners of similar facilities. Without limiting with insurance meeting the generality of the foregoing, the Lessee shall obtain and maintain in effect throughout the Lease Term, the kinds and amounts of insurance deemed reasonably necessary by the Lessor and as described below. This following requirements: (a) all insurance shall be written by companies (i) reasonably acceptable to the Lessor, (ii) that are rated at least an "A-XII" or better by Best's Insurance Guide and Key Ratings and a claim payment rating by Standard & Poor's Corporation of AA or better, and (iii) authorized, licensed and qualified authorized to do insurance business in the state in which applicable States and having a rating classification of not less than A- and a financial size category of "Class X", according to the Leased Property is located. The aggregate amount then most recent issue of coverage by a single company must not exceed five percent Best's Key Rating Guide; (5%b) of the insurance company's policyholders' surplus. The all policies must name Lessor (and any other entities as Lessor may deem necessary) as an additional insured and losses shall be payable to Lessor and/or Lessee as provided in Article XIV. Each insurance policy required hereunder must (i) provide primary insurance without right of contribution from any other insurance carried by Lessor, (ii) contain, unless the Lessee provides to Lessor written confirmation and verification from the insurer that such insurer will not subrogate against Lessor, an express waiver by the insurer of any right of subrogation, setoff or counterclaim against any insured party thereunder including Lessor (provided, however, that if such insurance does not contain such waiver, Lessee shall use its best efforts to obtain a policy which does contain such waiver, provided the same is obtainable at commercially reasonable rates; and provided further, however, that Lessee, to the extent it is able to obtain such waiver, shall not be required to replace its existing insurance coverage until three (3) months following the Commencement Date), (iii) permit Lessor to pay premiums at Lessor's discretioninsured, and (iv) as respects any third party liability claim brought against Lessor, obligate the insurer to defend Lessor as an additional insured thereunder. In the event Lessee is unable to obtain such waiver of subrogation, Lessee shall use its best efforts to secure from the insurance company its agreement that all claims and disputes concerning insurance coverage for the Lessee's Personal Property shall be deemed contractual disputes and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. In addition, the policies shall name as an additional insured the holder ("a Facility Mortgagee") of any mortgage, deed of trust or other security agreement securing any Encumbrance placed on the Leased Property in accordance with the provisions of this Lease ("Facility Mortgage"), if any, Mortgagee by way of a standard form of mortgagee's loss payable endorsement. Lessee shall endorsement in use its best efforts to secure from in the insurance company its agreement that any disputes regarding loss adjustment shall be deemed to be contractual disputes applicable States and all litigation and proceedings in connection therewith shall be tried by jury in Jefferson County, Alabama. Evidence of insurance and/or Impositions shall be deposited with Lessor and, if requested, accordance with any Facility Mortgagee(s). If any provision of any Facility Mortgage which constitutes a first lien on the Leased Property requires deposits of insurance to such other requirements as may be made with such Facility Mortgagee, Lessee shall either pay to Lessor monthly the amounts required and Lessor shall transfer such amounts to such Facility Mortgagee or, pursuant to written direction established by Lessor, Lessee shall make such deposits directly with such Facility Mortgagee. The However, if requested by Lessor and available on a commercially reasonable basis, all public liability and property damage insurance shall contain a provision that Lessor, although named as an insured, nevertheless shall be entitled to recovery for loss, damage or injury to Lessor, its servants, agents and employees by reason of the negligence of Lessee or Lessor; (c) losses must be payable to Lessor or Lessee as provided in Article XIV, and loss adjustments shall require the written consent of Lessor, a Facility Mortgagee and, provided it is not then in default, Lessee, which consent shall not be unreasonably withheld by either Lessor or Lessee; (d) each insurer must agree that it will give Lessor and a Facility Mortgagee at least sixty (60) days' written Notice before its policy shall be altered, allowed to expire or canceled; (e) the amount of any deductible or retention must be approved by Lessor prior to the issuance of any policy; and (f) the form of all policies on the Leased Propertyshall be approved by Lessor, including the Leased Improvementswhose approval shall not unreasonably be withheld, the Fixtures and Lessee's Personal Property, shall insure against the following risks:by a Facility Mortgagee. 13.2