Common use of Insurance as a Condition to Disbursement Clause in Contracts

Insurance as a Condition to Disbursement. As a condition precedent to payment of Costs of Issuance or disbursement of funds from the Project Fund pursuant to Article V hereunder, the following policies of insurance shall be in full force and effect: (a) Comprehensive general liability insurance covering Tenant's operations in or upon the Project (including coverage for losses arising from the ownership, maintenance, use or operation of any automobile, track or other vehicle in or upon the Project) under which Tenant shall be named as insured and Issuer and Trustee shall be named as additional insureds, as their interests in the Project shall appear, in an amount not less than the then maximum liability of a governmental entity for claims arising out of a single occurrence as provided by the Kansas tort claims act or other similar future law (currently $500,000 per occurrence); which policy shall provide that such insurance may not be canceled by the issuer thereof without at least 30 days' advance written notice to Issuer, Tenant and Trustee, such insurance to be maintained throughout the life of this Lease; and (b) Statutory workers' compensation insurance; and (c) With regard to new building Improvements constituting a part of the Project Additions, insurance insuring such Improvements while under construction against fire, lightning and all other risks covered by the broadest form extended coverage endorsement then and from time to time thereafter in use in the State to their Full Insurable Value of such Improvements. Such insurance coverage shall name Tenant as insured and Xxxxxr and the Trustee as named additional insureds and loss payees, as their respective interests appear, and all Net Proceeds received under such policy or policies by Issuer or Tenant shall be paid over to the Trustee and be applied as set forth in Article XVIII hereof; and (d) With regard to new building Improvements constituting a part of the Project Additions and constructed by general contractors other than Tenant, performance and labor and material payment bonds and statutory bonds (with sureties approved by the Issuer) with respect to applicable Project Contracts and in the full amount of such Contracts. Said bonds shall name Issuer, Tenant and the Trustee as obligees. All payments received by Issuer, Tenant and/or the Trustee under said bonds shall become a part of and be deposited in the Project Fund. In lieu of furnishing the payment, performance and statutory bonds required by this paragraph, with the consent of the Issuer and the Trustee, which will not be unreasonably withheld, Original Proceeds may be disbursed to pay Project Costs upon receipt by the Trustee of waivers of statutory mechanic's and materialmen's liens signed by the contractor and all vendors and subcontractors being paid from such disbursement, in the manner and to the extent required by Section 5.4 of this Lease for disbursements made for materials or labor furnished to the Project site by direct contract with the Tenant.

Insurance as a Condition to Disbursement. As a condition precedent to payment of Costs of Issuance or disbursement of funds from the Project Fund and the accounts contained therein pursuant to Article V ARTICLE IV hereunder, the following policies of insurance shall be in full force and effect: (a) Comprehensive at all times during the Term, the Tenant shall maintain at its sole cost and expense general accident and public liability insurance covering the Tenant's operations in or upon the Project (including coverage for all losses whatsoever arising from the ownership, maintenance, use or operation of any automobile, track truck or other vehicle in or upon the Project) under which the Tenant shall be named as the insured and the Issuer and the Trustee shall be additional named as additional insureds, as their interests in the Project shall appear, in an amount not less than the then maximum liability of a governmental entity for claims arising out of a single occurrence as provided by the Kansas tort claims act Tort Claims Act or other similar future law (currently $500,000 per occurrence); , which policy shall provide that such insurance may not be canceled cancelled by the issuer thereof without at least 30 days' advance written notice to the Issuer, Tenant the Tenant, and the Trustee, such insurance to be maintained throughout the life of this Lease; andTerm; (b) Statutory at all times during the term, the Tenant shall maintain at its sole cost and expense, in connection with the Project, the workers' compensation insuranceinsurance required by the laws of the State; and (c) With regard at all times during the Construction Period, the Tenant shall, at its sole cost and expense, maintain or cause the contractor under its construction contract with respect to new building Improvements constituting a part of the Project Additionsto maintain, insurance in full force and effect a policy or policies of Builder's Risk-Completed Value Form Insurance insuring such Improvements while under construction the Project against fire, lightning and all other risks covered by the broadest form extended coverage endorsement then and from time to time thereafter in use in the State to their the Full Insurable Value of such Improvementsthe Project (subject to reasonable loss deductible clauses not to exceed $25,000). Such insurance coverage shall name the Tenant as insured and Xxxxxr the Issuer and the Trustee as additional named additional insureds and loss payeesinsureds, as their respective interests appear, and all Net Proceeds received under such policy or policies by the Issuer or the Tenant shall be paid over to the Trustee and be applied as set forth in Article XVIII ARTICLE XV hereof; and (d) With regard to new building Improvements constituting a part of the Project Additions and constructed by general contractors other than Tenant, performance and labor and material payment bonds and statutory bonds (with sureties approved by the Issuer) with respect to applicable Project Contracts and in the full amount of such Contracts. Said bonds shall name Issuer, Tenant and the Trustee as obligees. All payments received by Issuer, Tenant and/or the Trustee under said bonds shall become a part of and be deposited in the Project Fund. In lieu of furnishing the payment, performance and statutory bonds required by this paragraph, with the consent of the Issuer and the Trustee, which will not be unreasonably withheld, Original Proceeds may be disbursed to pay Project Costs upon receipt by the Trustee of waivers of statutory mechanic's and materialmen's liens signed by the contractor and all vendors and subcontractors being paid from such disbursement, in the manner and to the extent required by Section 5.4 of this Lease for disbursements made for materials or labor furnished to the Project site by direct contract with the Tenant.

Insurance as a Condition to Disbursement. As a condition precedent to payment of Costs of Issuance or disbursement of funds from the Project Fund pursuant to Article V hereunder, the following policies of insurance shall be in full force and effect: (a) Comprehensive Commercial general liability and automobile liability insurance covering Tenant's operations in or upon the Project (including coverage for losses arising from the ownership, maintenance, use or operation of any automobile, track truck or other vehicle in or upon the Project) under which Tenant shall be named as insured and Issuer ). Issuer, Tenant, Subtenant and Trustee shall be named as insureds or additional insureds, as their interests in under such general liability insurance and Subtenant shall be the Project named insured on such automobile liability insurance. Such insurance shall appear, be in an amount not less than the then maximum liability of a governmental entity for claims arising out of a single occurrence as provided by the Kansas tort claims act or other similar future law (currently $500,000 per occurrence); which policy shall provide that such insurance may not be canceled cancelled by the issuer thereof without at least 30 Thirty (30) days' ’ advance written notice to Issuer, Tenant Tenant, Subtenant and Trustee, such insurance to be maintained throughout the life of this Lease; and (b) Statutory workers' compensation insuranceWorkers’ Compensation Insurance; and (c) With regard to new building Improvements buildings and improvements constituting a part of the Project AdditionsProject, builder’s risk-completed value form insurance insuring such Improvements while under construction the Project against fire, lightning and all other risks Special Form perils commonly covered by the broadest form extended coverage endorsement then endorsements published by the Insurance Services Office (ISO) and from time to time thereafter in use in the State to their the Full Insurable Value of such Improvementsthe Project. Such policy or policies of insurance coverage shall name Tenant as insured and Xxxxxr Issuer, Tenant, Subtenant and the Trustee as named insureds or additional insureds and loss payeesinsureds, as their respective interests may appear, and all Net Proceeds payments received under such policy or policies by Issuer Issuer, Tenant or Tenant Subtenant shall be paid over to the Trustee and be applied as set forth in Article XVIII hereof; and (d) With regard to new building Improvements constituting a part of the Project Additions and constructed by general contractors other than Tenant, performance and labor and material payment bonds and statutory bonds (with sureties approved by the Issuer) with respect to applicable Project Contracts and in the full amount of such Contracts. Said bonds shall name Issuer, Tenant and the Trustee as obligees. All payments received by Issuer, Tenant and/or the Trustee under said bonds shall become a part of and be deposited in the Project Fund. In lieu of furnishing the payment, performance and statutory bonds as long as such payments are required by this paragraph, with the consent of the Issuer and Lease to be made to the Trustee, which will not be unreasonably withheld, Original Proceeds may be disbursed to pay Project Costs upon receipt by the Trustee of waivers of statutory mechanic's and materialmen's liens signed by the contractor and all vendors and subcontractors being paid from such disbursement, in the manner and to the extent required by Section 5.4 of this Lease for disbursements made for materials or labor furnished to the Project site by direct contract with the Tenant.

Insurance as a Condition to Disbursement. As a condition precedent to payment of Costs of Issuance or disbursement of funds from the Project Fund pursuant to Article V hereunder, the following policies of insurance shall be in full force and effect: (a) Comprehensive general General accident and public liability insurance covering Tenant's operations in or upon the Project (including coverage for all losses whatsoever arising from the ownership, maintenance, use or operation of any automobile, track truck or other vehicle in or upon the Project) under which Issuer, Tenant shall be named as insured and Issuer and Trustee shall be named as insureds or additional insureds, as their interests in the Project shall appearnamed insured, in an amount not less than the then maximum liability of a governmental entity for claims arising out of a single occurrence as provided by the Kansas tort claims act or other similar future law (currently $500,000 per occurrence); which policy shall provide that such insurance may not be canceled cancelled by the issuer thereof without at least 30 Thirty (30) days' advance written notice to Issuer, Tenant and Trustee, such insurance to be maintained throughout the life of this Lease; and (b) Statutory workersWorkers' compensation insuranceCompensation Insurance; and (c) With regard to new building Improvements buildings and improvements constituting a part of the Project AdditionsProject, builder's risk-completed value form insurance insuring such Improvements while under construction the Project against fire, lightning and all other risks covered by the broadest form extended coverage endorsement then and from time to time thereafter in use in the State to their the Full Insurable Value of such Improvementsthe Project. Such policy or policies of insurance coverage shall name Issuer, Tenant as insured and Xxxxxr and the Trustee as named additional insureds and loss payeesinsureds, as their respective interests may appear, and all Net Proceeds payments received under such policy or policies by Issuer or Tenant shall be paid over to the Trustee and be applied as set forth deposited in Article XVIII hereofthe Project Fund; and (d) With regard to new building Improvements buildings and improvements constituting a part of the Project Additions and constructed by general contractors other than TenantProject, performance and labor and material payment bonds and statutory bonds (with sureties approved by the Issuer) with respect to applicable the Project Contracts and in the full amount of such the Project Contracts, made by the contractors thereunder as the principals and a surety company or companies qualified to do business in Kansas as surety. Said performance and labor and material payment bonds shall name Issuer, Tenant and the Trustee as obligees. All payments received by Issuer, Tenant and/or the Trustee under said bonds shall become a part of and be deposited in the Project Fund. In lieu of furnishing the payment, performance and statutory bonds required by this paragraph, with the consent of the Issuer and the Trustee, which will not be unreasonably withheld, Original Proceeds may be disbursed to pay Project Costs upon receipt by the Trustee of waivers of statutory mechanic's and materialmen's liens signed by the contractor and all vendors and subcontractors being paid from such disbursement, in the manner and to the extent required by Section 5.4 of this Lease for disbursements made for materials or labor furnished to the Project site by direct contract with the Tenant.

Insurance as a Condition to Disbursement. As a condition precedent to payment of Costs of Issuance or disbursement of funds from the Project Fund pursuant to Article V hereunder, the following policies of insurance shall be in full force and effect: (aA) Comprehensive general General accident and public liability insurance covering Tenant's operations in or upon the Project (including coverage for all losses whatsoever arising from the ownership, maintenance, use or operation of any automobile, track truck or other vehicle in or upon the Project) under which Issuer, Tenant shall be named as insured and Issuer and Trustee shall be named as insureds or additional insureds, as their interests in the Project shall appearnamed insured, in an amount not less than the then maximum liability of a governmental entity for claims arising out of a single occurrence as provided by the Kansas tort claims act or other similar future law (currently $500,000 per occurrence); which policy shall provide that such insurance may not be canceled by the issuer thereof without at least 30 Thirty (30) days' advance written notice to Issuer, Tenant and Trustee, such insurance to be maintained throughout the life of this Lease; and; (bB) Statutory workersWorkers' compensation insurance; andCompensation Insurance; (cC) With regard to new building Improvements buildings and improvements constituting a part of the Project AdditionsProject, builder's risk-completed value form insurance insuring such Improvements while under construction the Project against fire, lightning and all other risks covered by the broadest form extended coverage endorsement then and from time to time thereafter in use in the State to their the Full Insurable Value of such Improvementsthe Project. Such policy or policies of insurance coverage shall name Issuer, Tenant as insured and Xxxxxr and the Trustee as named additional insureds and loss payeesinsureds, as their respective interests may appear, and all Net Proceeds payments received under such policy or policies by Issuer or Tenant shall be paid over to the Trustee and be applied as set forth deposited in Article XVIII hereofthe Project Fund; and (dD) With regard to new building Improvements buildings and improvements constituting a part of the Project Additions and constructed by general contractors other than TenantProject, performance and labor and material payment bonds and statutory bonds (with sureties approved by the Issuer) with respect to applicable the Project Contracts and in the full amount of such the Project Contracts, made by the contractors thereunder as the principals and a surety company or companies qualifies to do business in Kansas as surety. Said performance and labor and material payment bonds shall name Issuer, Tenant Xxxxxx and the Trustee as obligees. The Tenant shall cause the statutory bond to be filed with the Clerk of the Sedgwick County District Court and evidence of the filing to be furnished to the Trustee. All payments received by Issuer, Tenant and/or the Trustee under said bonds shall become a part of and be deposited in the Project Fund. In lieu of furnishing Notwithstanding the paymentforegoing, performance in substitution for such labor and material payment bonds and statutory bonds required by this paragraphbonds, with the consent general contractor may provide written lien waivers, and certifications of the Issuer and payment in such form as shall be acceptable to the Trustee, which will not be unreasonably withheld, Original Proceeds may be disbursed to pay Project Costs upon receipt by the Trustee of waivers of statutory mechanic's and materialmen's liens signed by the contractor and all vendors and subcontractors being paid from such disbursement, in the manner and to the extent required by Section 5.4 of this Lease for disbursements made for materials or labor furnished to the Project site by direct contract with the Tenant.

Insurance as a Condition to Disbursement. As a condition precedent to payment of Costs of Issuance or disbursement of funds from the Project Fund pursuant to Article V hereunder, the following policies of insurance shall be in full force and effect:to (a) Comprehensive Commercial general liability insurance covering the Tenant's ’s operations in or upon the Project (including coverage for all losses whatsoever arising from the ownership, maintenance, use or operation of any automobile, track truck or other vehicle in or upon the Project) under which the Tenant shall be named as insured and the Issuer and the Trustee shall be named as additional insureds, as their interests in the Project shall appear, in an amount not less than the then maximum liability of a governmental entity for claims arising out of a single occurrence as provided by the Kansas tort claims act or other similar future law (currently $500,000 per occurrenceoccurrence and in the aggregate); which policy shall provide that such insurance may not be canceled by the issuer thereof without at least 30 days' ’ advance written notice to the Issuer, the Tenant and the Trustee, such insurance to be maintained throughout the life of this Lease; and (b) Statutory workers' ’ compensation insurance; and (c) With regard to new building Improvements constituting a part of the Project AdditionsProject, insurance insuring such Improvements while under construction against fire, lightning and all other risks covered by the broadest form extended coverage endorsement then and from time to time thereafter in use in the State to their Full Insurable Value of such Improvements. Such insurance coverage shall name the Tenant as insured and Xxxxxr the Issuer and the Trustee as named additional insureds and loss payees, as their respective interests appear, and all Net Proceeds received under such policy or policies by the Issuer or the Tenant shall be paid over to the Trustee and be applied as set forth in Article XVIII hereof; and (d) With regard to new building Improvements constituting a part of the Project Additions and constructed by general contractors other than the Tenant, performance and labor and material payment bonds and statutory bonds (with sureties approved by the Issuer) with respect to applicable Project Contracts and in the full amount of such Contracts. Said bonds shall name the Issuer, the Tenant and the Trustee as obligees. All payments received by the Issuer, the Tenant and/or the Trustee under said bonds shall become a part of and be deposited in the Project Fund. In lieu of furnishing the payment, performance and statutory bonds required by this paragraph, with the consent of the Issuer and the Trustee, which will not be unreasonably withheld, Original Proceeds may be disbursed to pay Project Costs upon receipt by the Trustee of waivers of statutory mechanic's ’s and materialmen's ’s liens signed by the contractor and all vendors and subcontractors being paid from such disbursement, in the manner and to the extent required by Section 5.4 5.04 of this Lease for disbursements made for materials or labor furnished to the Project site by direct contract with the Tenant. Such insurance coverage shall name the Tenant as insured and the Issuer and the Trustee as named additional insureds and loss payees, as their respective interests appear, and all Net Proceeds received under such policy or policies by the Issuer or the Tenant shall be paid over to the Trustee and be applied as set forth in Article XVIII hereof.

Insurance as a Condition to Disbursement. As a condition precedent to payment of Costs of Issuance or disbursement of funds other Project Costs (other than Costs of Issuance) from the Project Fund pursuant to Article V hereunder, the following policies of insurance shall be in full force and effect: (a) Comprehensive general General accident and public liability insurance covering the Tenant's ’s operations in or upon the Project (including coverage for losses arising from the ownership, maintenance, use or operation of any automobile, track truck or other vehicle in or upon the Project) under which the Tenant shall be named as insured and the Issuer and the Trustee shall be named as additional insuredsinsureds or mortgagees, as their interests in the Project shall appear, in an amount not less than the then maximum liability of a governmental entity for claims arising out of a single occurrence as provided by the Kansas tort claims act or other similar future law (currently $500,000 per occurrence); which policy shall provide that such insurance may not be canceled by the issuer thereof without at least 30 days' ’ advance written notice to the Issuer, the Tenant and the Trustee, such insurance to be maintained throughout the life Term of this Lease; and; (b) Statutory workers' ’ compensation insurance; and; (c) With regard to new building Improvements buildings and improvements constituting a part of the Project AdditionsImprovements, insurance insuring such the Improvements while under construction against fire, lightning and all other risks covered by the broadest form extended coverage endorsement then and from time to time thereafter in use in the State to their the Full Insurable Value of such Improvements. Such insurance coverage shall name the Tenant as insured and Xxxxxr the Issuer and the Trustee as named additional insureds or mortgagees and loss payees, as their respective interests appear, and all Net Proceeds received under such policy or policies by the Issuer or the Tenant shall be paid over to the Trustee and be applied as set forth in Article XVIII hereof; , and (d) With regard to new building Improvements constituting a part of the Project Additions and constructed by general contractors other than Tenant, performance and labor and material payment bonds and statutory bonds (with sureties approved by the Issuer) with respect to applicable Project Contracts and in the full amount of such Contracts. Said bonds shall name Issuer, Tenant and the Trustee as obligees. All payments received by Issuer, Tenant and/or the Trustee under said bonds shall become a part of and be deposited in the Project Fund. In lieu of furnishing the payment, performance and statutory bonds required by this paragraph, with the consent of the Issuer and the Trustee, which will not be unreasonably withheld, Original Proceeds may shall be disbursed to pay Project Costs upon receipt by the Trustee of waivers of statutory mechanic's ’s and materialmen's ’s liens signed by the contractor and all vendors and subcontractors being paid from such disbursement, in the manner and to the extent required by Section 5.4 of this Lease for disbursements made for materials or labor furnished to the Project site by direct contract with the Tenant.