Common use of General Requirements Applicable to Insurance Clause in Contracts

General Requirements Applicable to Insurance. The insurances which the Concessionaire is required to effect under Section 14.02(a) and Sections 14.02(b) above: (i) shall be effected with insurers approved by the Department (such approval not to be unreasonably withheld); (ii) shall be on terms approved by the Department (such approval not to be unreasonably withheld); (iii) shall not contain any exclusion, endorsement or alteration, unless it is first approved by the Department (such approval not to be unreasonably withheld); (iv) other than for workers compensation insurance and automobile liability insurance and contractor pollution liability insurance without inferring a right of cancellation that would not exist in the absence of these endorsements, shall contain a term which requires the insurer to give not less than 30 days’ prior notice to the Department whenever the insurer gives the Concessionaire a notice of cancellation or any other notice with respect to the policy; (v) with regard to workers compensation insurance, automobile liability insurance and contractor pollution liability insurance, shall be effected on a severability of interest basis for the purposes of which the insurer accepts the term “insured” as applying to each of the persons comprising the insured as if a separate policy of insurance had been issued to each of them (subject always to the overall sum insured not being increased as a result); (vi) shall be endorsed so that the insurer agrees to waive all rights of subrogation or action that it may have or acquire against all or any of the persons comprising the insured; (vii) other than for workers compensation insurance, automobile liability insurance, contractor pollution liability insurance, shall contain a provision under which the insurer agrees that the failure of one insured to observe and fulfill the terms of the policy will not prejudice the policy with respect to the interests of the other insureds; and (viii) other than for workers compensation insurance and automobile liability insurance, have each policy endorsed to the effect that the Department and the other insureds shall not be prejudiced by an unintended and/or inadvertent error, omission or misdescription of the risk interest in property insured under the policies, incorrect declaration of values, failure to advise insurers of any change of risk interest or property insured or failure to comply with a statutory requirement. The Concessionaire shall give the Department proof satisfactory to it of currency and coverage of insurances, as soon as practicable after the Closing Date (with respect to insurance required during the Work Period) or no later than 30 days prior to the Service Commencement Date (with respect to insurance required during the Operating Period) and also whenever reasonably requested by the Department. Within Section 14.02(b), all stipulated monetary amounts shall be reviewed at three yearly intervals and increased as appropriate, in line with such amounts that would be insured by a prudent business similar to, and undertaking similar activities to, the Concessionaire.

General Requirements Applicable to Insurance. The insurances which the Concessionaire is required to effect maintain under Section 14.02(a) and Sections 14.02(b) above18.01: (ia) shall be effected maintained with insurers approved by the Department (such approval not to be unreasonably withheld); (iib) shall be on terms approved by the Department (such approval not to be unreasonably withheld); (iiic) shall not contain any exclusion, endorsement or alteration, unless it is first approved by the Department (such approval not to be unreasonably withheld); (ivd) other than for workers compensation insurance and insurance, automobile liability insurance and contractor pollution liability insurance insurance, without inferring a right of cancellation that would not exist in the absence of these endorsements, shall contain a term which requires the insurer to give not less than 30 days’ prior notice to the Department whenever the insurer gives the Concessionaire a notice of cancellation or any other notice with respect to the policy; (ve) with regard to workers compensation insurance, automobile liability insurance and contractor pollution liability insurance, shall be effected on a severability of interest basis for the purposes of which the insurer accepts the term “insured” as applying to each of the persons comprising the insured as if a separate policy of insurance had been issued to each of them (subject always to the overall sum insured policy limit not being increased as a result); (vif) shall be endorsed so that the insurer agrees to waive all rights of subrogation or action that it may have or acquire against all or any of the persons comprising the insured; (viig) other than for workers compensation insurance, automobile liability insurance, insurance and contractor pollution liability insurance, shall contain a provision under which the insurer agrees that the failure of one insured to observe and fulfill the terms of the policy will not prejudice the policy with respect to the interests coverage of the other insureds; and; (viiih) other than for workers compensation insurance and automobile liability insurance, have each policy endorsed to the effect that the Department and the other insureds shall not be prejudiced by an unintended and/or inadvertent error, omission or misdescription of the risk interest in property insured under the policies, incorrect declaration of values, failure to advise insurers of any change of risk interest or property insured or failure to comply with a statutory requirement. The Concessionaire ; (i) shall give not include defense costs within the Department proof satisfactory to it limits of currency coverage or permit erosion of coverage limits by defense costs, except that litigation and mediation defense costs may be included within the limits of coverage of insurances, as soon as practicable after professional and contractor pollution liability policies; and (j) shall provide that the Closing Date (coverage thereof is primary and noncontributory coverage with respect to insurance required during the Work Period) all named or no later than 30 days prior to the Service Commencement Date (with respect to insurance required during the Operating Period) and also whenever reasonably requested additional insureds, except for coverage that by the Department. Within Section 14.02(b), all stipulated monetary amounts shall its nature cannot be reviewed at three yearly intervals and increased written as appropriate, in line with such amounts that would be insured by a prudent business similar to, and undertaking similar activities to, the Concessionaireprimary.

General Requirements Applicable to Insurance. The insurances which the Concessionaire is required to effect maintain under Section 14.02(a) and Sections 14.02(b) above17.01: (ia) shall will delete any design-build or similar exclusions that could compromise coverages because of the Concessionaire’s use of the design-build delivery method; (b) except for professional liability insurance, worker’s compensation insurance and employer’s insurance, the Department will be effected named as an additional insured on a primary, non- contributory basis; (c) will not limit the Concessionaire’s liabilities and obligations pursuant to this Agreement, including the Concessionaire’s indemnification obligations; (d) will be maintained with insurers that at the time coverage commences are authorized to do business in the State and have a current policyholder’s management and financial size category rating of not less than “A-: VIII” according to A.M. Best’s Financial Strength Rating and Financial Size Category, except as otherwise approved by the Department (such approval not to be unreasonably withheld)Department; (iie) shall will be on terms approved by the Department (such approval not to be unreasonably withheld); (iiif) shall not will contain coverage terms and conditions that reflect the industry standard that the commercial market will provide and support as of the date of such insurance procurement and any exclusion, endorsement or alteration, unless it is first approved by the Department (such approval not to be unreasonably withheld)subsequent renewals; (ivg) other than for workers compensation insurance and automobile liability insurance and contractor pollution liability insurance without inferring a right of cancellation that would not exist in the absence of these endorsements, shall will contain a term which requires the insurer to give not less than 30 days’ Days prior notice to the Department whenever the insurer gives the Concessionaire a notice of cancellation or any other notice with respect to the policypolicy (except in the case of any non- premium payment, not less than ten Days prior notice, which the insurer will be obligated to give to the Department simultaneously with providing such notice to the Concessionaire); (vh) with regard to workers compensation insurance, automobile liability insurance and contractor pollution liability insurance, shall will be effected on a severability of interest basis for the purposes of which the insurer accepts the term “insured” as applying to each of the persons comprising the insured as if a separate policy of insurance had been issued to each of them (subject always to the overall sum insured policy limit not being increased as a result); (vii) shall other than for professional liability insurance, worker’s compensation insurance, employer’s liability insurance and property and business interruption insurance, will include cross-liability clauses allowing one insured to bring a claim against another insured party; (j) will be endorsed so that the insurer agrees to waive all rights of subrogation or action that it may have or acquire against all or any of the persons Persons comprising the insured; (viik) other than for workers compensation insurance, automobile liability insurance, insurance and contractor pollution liability insurance, shall will contain a provision under which the insurer agrees that the failure of one insured to observe and fulfill the terms of the policy will not prejudice the policy with respect to the interests coverage of the other insureds; and; (viiil) other than for workers compensation insurance and automobile liability insurance, have each policy endorsed to contain a standard mortgagee clause to the effect that the Department and the other insureds shall will not be prejudiced by an unintended and/or inadvertent error, omission or misdescription of the risk interest in property insured under the policies, incorrect declaration of values, failure to advise insurers of any change of risk interest or property insured or failure to comply with a statutory requirement. The Concessionaire shall give ; (m) will not include defense costs within the Department proof satisfactory to it limits of currency and coverage or permit erosion of coverage limits by defense costs, except that defense costs may be included within the limits of coverage of insurances, as soon as practicable after professional and contractor pollution liability policies; and (n) will provide that the Closing Date (coverage thereof is primary and noncontributory coverage with respect to insurance required during the Work Period) all named or no later than 30 days prior to the Service Commencement Date (with respect to insurance required during the Operating Period) and also whenever reasonably requested additional insureds, except for coverage that by the Department. Within Section 14.02(b), all stipulated monetary amounts shall its nature cannot be reviewed at three yearly intervals and increased written as appropriate, in line with such amounts that would be insured by a prudent business similar to, and undertaking similar activities to, the Concessionaireprimary.

General Requirements Applicable to Insurance. The insurances which the Concessionaire Developer is required to effect maintain or cause to be maintained under Section 14.02(a) and Sections 14.02(b) above17.01: (ia) shall will delete any design-build or similar exclusions that could compromise coverages because of the Developer’s use of the design-build delivery method; (b) except for professional liability insurance, worker’s compensation insurance and employer’s liability insurance, the Department will be effected named as an additional insured on a primary, non-contributory basis; (c) will not limit the Developer’s liabilities and obligations pursuant to this Agreement, including the Developer’s indemnification obligations; (d) will be maintained with insurers that at the time coverage commences are authorized to do business in the Commonwealth and have a current policyholder’s management and financial size category rating of not less than “A-: VIII” according to A.M. Best’s Financial Strength Rating and Financial Size Category, except as otherwise approved by the Department; (e) will be on terms specified herein or otherwise approved by the Department (such approval not to be unreasonably withheld); (iif) shall be on will contain coverage terms approved by and conditions that reflect the Department (industry standard that the commercial market will provide and support as of the date of such approval not to be unreasonably withheld)insurance procurement and any subsequent renewals; (iiig) shall not contain any exclusion, endorsement or alteration, unless it is first approved by the Department (such approval not to be unreasonably withheld); (iv) other than for workers compensation insurance and automobile liability insurance and contractor pollution liability insurance without inferring a right of cancellation that would not exist in the absence of these endorsements, shall will contain a term which requires the insurer to give not less than 30 daysDays’ prior notice to the Department whenever the insurer gives the Concessionaire Developer a notice of cancellation or any other notice with respect to the policypolicy (except in the case of any non-premium payment, not less than ten Days’ prior notice, which the insurer will be obligated to give to the Department simultaneously with providing such notice to the Developer); (vh) with regard to other than for workers compensation insurance, employer’s liability insurance, automobile liability insurance, property and business interruption insurance, professional liability insurance and contractor pollution liability insurance, shall will be effected on a severability of interest basis for the purposes of which the insurer accepts the term “insured” as applying to each of the persons comprising the insured as if a separate policy of insurance had been issued to each of them (subject always to the overall sum insured policy limit not being increased as a result); (vii) shall other than for professional liability insurance, worker’s compensation insurance, employer’s liability insurance and property and business interruption insurance, will include cross-liability clauses allowing one insured to bring a claim against another insured party; (j) will be endorsed so that the insurer agrees to waive all rights of subrogation or action that it may have or acquire against all or any of the persons Persons comprising the insured; (viik) other than for workers compensation insurance, employer’s liability insurance, automobile liability insurance, professional liability insurance and contractor pollution liability insurance, shall will contain a provision under which the insurer agrees that the failure of one insured to observe and fulfill the terms of the policy will not prejudice the policy with respect to the interests coverage of the other insureds; and; (viiil) other than for workers compensation insurance, employer’s liability insurance, commercial general liability insurance, excess liability insurance, contractor pollution liability insurance and automobile liability insurance, have each policy endorsed to contain a standard mortgagee clause to the effect that the Department and the other insureds shall will not be prejudiced by an unintended and/or inadvertent error, omission or misdescription mistaken description of the risk interest in property insured under the policies, incorrect declaration of values, failure to advise insurers of any change of risk interest or property insured or failure to comply with a statutory requirement. The Concessionaire shall give ; (m) will not include defense costs within the Department proof satisfactory to it limits of currency and coverage or permit erosion of coverage limits by defense costs, except that defense costs may be included within the limits of coverage of insurances, as soon as practicable after professional and contractor pollution liability policies; and (n) will provide that the Closing Date (coverage thereof is primary and noncontributory coverage with respect to insurance required during the Work Period) all named or no later than 30 days prior to the Service Commencement Date (with respect to insurance required during the Operating Period) and also whenever reasonably requested additional insureds, except for coverage that by the Department. Within Section 14.02(b), all stipulated monetary amounts shall its nature cannot be reviewed at three yearly intervals and increased written as appropriate, in line with such amounts that would be insured by a prudent business similar to, and undertaking similar activities to, the Concessionaireprimary.

General Requirements Applicable to Insurance. The insurances which (a) Except as otherwise agreed to by the Concessionaire Credit Facility Issuer during such time as a Credit Facility is required to effect under in effect, each insurance policy obtained in satisfaction of the requirements of Section 14.02(a) and Sections 14.02(b) above6.3 hereof: (i1) shall be effected with insurers approved by such insurer (or insurers) as shall be financially responsible, qualified to do business in the Department (such approval not to be unreasonably withheld)State and of recognized standing; (ii2) shall be on terms approved by in such form and have such provisions (including, without limitation, the Department (such approval not lenders long-form loss payable clause, the waiver of subrogation clause, the deductible amount, if any, and the standard mortgagee endorsement clause), as are generally considered standard provisions for the type of insurance involved and are acceptable in all respects to be unreasonably withheld)the Trustee and the Credit Facility Issuer; (iii3) shall not contain any exclusionprohibit cancellation or substantial modification, endorsement termination or alteration, unless it is first approved lapse in coverage by the Department insurer without at least thirty (such approval not 30) days' prior written notice to be unreasonably withheld)the Issuer, the Trustee and the Credit Facility Issuer; (iv4) other than for workers compensation insurance and automobile liability insurance and contractor pollution liability insurance without inferring a right of cancellation shall provide that would not exist in the absence of these endorsementslosses thereunder, shall contain a term which requires the insurer to give not less than 30 days’ prior notice to the Department whenever the insurer gives the Concessionaire a occurrence of an Event of Default (or event which, with notice or lapse of cancellation time or any other notice with respect to the policy; (v) with regard to workers compensation insuranceboth, automobile liability insurance and contractor pollution liability insurance, shall be effected on a severability would constitute an Event of interest basis for the purposes of which the insurer accepts the term “insured” as applying to each of the persons comprising the insured as if a separate policy of insurance had been issued to each of them (subject always to the overall sum insured not being increased as a result); (viDefault) shall be endorsed so that adjusted with the insurer agrees to waive all rights of subrogation or action that it may have or acquire against all or any by the Company at its expense on behalf of the persons comprising insured parties and the insured; (vii) other than for workers compensation insurance, automobile liability insurance, contractor pollution liability insurance, shall contain a provision under which the insurer agrees that the failure of one insured to observe and fulfill the terms decision of the policy will not prejudice the policy with respect Company as to the interests of the other insuredsany adjustment shall be final and conclusive; and (viii5) other than for workers compensation without limiting the generality of the foregoing, all insurance policies carried on the Project shall name the Company, the Trustee and automobile liability insurancethe Credit Facility Issuer as parties insured thereunder as the respective interests of each of such parties may appear, have each policy endorsed and any loss thereunder shall be made payable and shall be applied as provided in Section 6.8 hereof. (b) Prior to expiration of any such policy, the effect Company shall furnish the Issuer and the Trustee with evidence satisfactory to them that the Department policy or certificate has been renewed or replaced in compliance with this Loan Agreement or is no longer required by this Loan Agreement and the other insureds shall not be prejudiced by an unintended and/or inadvertent error, omission or misdescription of the risk interest in property insured under the policies, incorrect declaration of values, failure to advise insurers of any change of risk interest or property insured or failure to comply with a statutory requirement. The Concessionaire shall give the Department proof satisfactory to it of currency and coverage of insurances, as soon as practicable after the Closing Date (with respect to insurance required during the Work Period) or no later than 30 days prior to the Service Commencement Date (with respect to insurance required during the Operating Period) and also whenever reasonably requested by the Department. Within Section 14.02(b), all stipulated monetary amounts shall be reviewed at three yearly intervals and increased as appropriate, in line with such amounts that would be insured by a prudent business similar to, and undertaking similar activities to, the ConcessionaireCredit Facility Issuer.

General Requirements Applicable to Insurance. The insurances which (a) Each insurance policy obtained in satisfaction of the Concessionaire is required to effect under requirements of Section 14.02(a) and Sections 14.02(b) above6.3 hereof: (i1) shall be effected with insurers approved by such insurer (or insurers) as shall be financially responsible, qualified to do business in the Department (such approval not to be unreasonably withheld)State and of recognized standing; (ii2) shall be on terms approved by in such form and have such provisions (including, without limitation, the Department (such approval not lenders long-form loss payable clause, the waiver of subrogation clause, the deductible amount, if any, and the standard mortgagee endorsement clause), as are generally considered standard provisions for the type of insurance involved and are acceptable in all respects to be unreasonably withheld)the Trustee and the Credit Facility Issuer; (iii3) shall not contain any exclusionprohibit cancellation or substantial modification, endorsement termination or alteration, unless it is first approved lapse in coverage by the Department insurer without at least thirty (such approval not 30) days' prior written notice to be unreasonably withheld)the Issuer, the Trustee and the Credit Facility Issuer; (iv4) other than for workers compensation insurance and automobile liability insurance and contractor pollution liability insurance without inferring a right of cancellation shall provide that would not exist in the absence of these endorsementslosses thereunder, shall contain a term which requires the insurer to give not less than 30 days’ prior notice to the Department whenever the insurer gives the Concessionaire a occurrence of an Event of Default (or event which, with notice or lapse of cancellation time or any other notice with respect to the policy; (v) with regard to workers compensation insuranceboth, automobile liability insurance and contractor pollution liability insurancewould constitute an Event of Default), shall be effected on a severability of interest basis for the purposes of which adjusted with the insurer accepts by the term “insured” as applying to each Company at its expense on behalf of the persons comprising insured parties and the insured decision of the Company as if a separate policy of insurance had been issued to each of them (subject always to the overall sum insured not being increased as a result); (vi) any adjustment shall be endorsed so that the insurer agrees to waive all rights of subrogation or action that it may have or acquire against all or any of the persons comprising the insured; (vii) other than for workers compensation insurance, automobile liability insurance, contractor pollution liability insurance, shall contain a provision under which the insurer agrees that the failure of one insured to observe final and fulfill the terms of the policy will not prejudice the policy with respect to the interests of the other insuredsconclusive; and (viii5) other than for workers compensation without limiting the generality of the foregoing, all insurance policies carried on the Project shall name the Company and automobile liability insurancethe Credit Facility Issuer as parties insured thereunder as the respective interests of each of such parties may appear, have each policy endorsed and any loss thereunder shall be made payable and shall be applied as provided in Section 6.8 hereof. (b) Prior to expiration of any such policy, the effect Company shall furnish the Issuer and the Trustee with evidence satisfactory to them that the Department policy or certificate has been renewed or replaced in compliance with this Loan Agreement or is no longer required by this Loan Agreement and the other insureds shall not be prejudiced by an unintended and/or inadvertent error, omission Trustee or misdescription of the risk interest in property insured under the policies, incorrect declaration of values, failure to advise insurers of any change of risk interest or property insured or failure to comply with a statutory requirement. The Concessionaire shall give the Department proof satisfactory to it of currency and coverage of insurancesCredit Facility Trustee, as soon as practicable after the Closing Date (with respect to insurance required during the Work Period) or no later than 30 days prior to the Service Commencement Date (with respect to insurance required during the Operating Period) and also whenever reasonably requested by the Department. Within Section 14.02(b), all stipulated monetary amounts shall be reviewed at three yearly intervals and increased as appropriate, in line with such amounts that would be insured by a prudent business similar to, and undertaking similar activities to, the Concessionairecase may be.