Common use of Insurance Covenants Clause in Contracts

Insurance Covenants. ‌ (a) The Supplier shall put in effect and maintain, or cause its contractors, where appropriate, to maintain, from the commencement of the construction of the Facility to the expiry of the Term, at its own cost and expense, all the necessary and appropriate insurance that a prudent Person in the business of developing, constructing, financing and operating the Facility would maintain including policies for “all-risk” property insurance covering not less than the full replacement value of the Facility, “all-risk” equipment breakdown insurance, “wrap-up” liability insurance and “commercial general liability” insurance with a rider to extend coverage to include Environmental Incidents. (b) Any policies described in this Section 2.8 must (i) for any property insurance, contain a waiver of subrogation in favour of the Indemnitees; and (ii) for any liability insurance, include the Indemnitees as additional insureds with respect to liability arising in the course of performance of the obligations under, or otherwise in connection with, this Agreement, in which case the policy shall be non- contributing and primary with respect to coverage in favour of the Indemnitees. The limit for liability policies described in this Section 2.8 shall be for an amount appropriate for the size and scope of the Facility. (c) Within ten (10) Business Days of any request therefore by the Buyer, the Supplier shall provide the Buyer, via electronic submission, with an electronic certificate of each insurance policy required in this Section 2.8 which confirms the relevant coverage, including endorsements, and that is issued in the name of, or otherwise confirms coverage of, the Supplier and the Facility, as applicable. (d) If the Supplier is subject to the Workplace Safety and Insurance Act (Ontario), it shall submit a valid clearance certificate of Workplace Safety and Insurance Act coverage to the Buyer on or prior to the commencement of construction of the Facility. In addition, the Supplier shall, from time to time at the request of the Buyer, provide additional Workplace

Insurance Covenants. ‌ (a) The Supplier shall put in effect and maintain, or cause its contractors, where appropriate, to maintain, from the commencement of the construction of the Facility to the expiry of the Term, at its own cost and expense, all the necessary and appropriate insurance that a prudent Person in the business of developing, constructing, financing and operating the Facility would maintain including policies for “all-risk” property insurance covering not less than the full replacement value of the Facility, “all-risk” equipment breakdown insurance, “wrap-up” liability insurance and “commercial general liability” insurance with a rider to extend coverage to include Environmental Incidents.Incidents.‌ (b) Any policies described in this Section 2.8 must (i) for any property insurance, contain a waiver of subrogation in favour of the Indemnitees; and (ii) for any liability insurance, include the Indemnitees as additional insureds with respect to liability arising in the course of performance of the obligations under, or otherwise in connection with, this Agreement, in which case the policy shall be non- non-contributing and primary with respect to coverage in favour of the Indemnitees. The limit for liability policies described in this Section 2.8 shall be for an amount appropriate for the size and scope of the Facility.Facility.‌ Draft (c) Within ten (10) Business Days of any request therefore by the Buyer, the Supplier shall provide the Buyer, via electronic submission, with an electronic certificate of each insurance policy required in this Section 2.8 which confirms the relevant coverage, including endorsements, and that is issued in the name of, or otherwise confirms coverage of, the Supplier and the Facility, as applicable.applicable.‌‌ (d) If the Supplier is subject to the Workplace Safety and Insurance Act (Ontario), it shall submit a valid clearance certificate of Workplace Safety and Insurance Act coverage to the Buyer on or prior to the commencement of construction of the Facility. In addition, the Supplier shall, from time to time at the request of the Buyer, provide additional Workplace

Insurance Covenants. ‌ (a) The Supplier shall put in effect and maintain, or cause its contractors, where appropriate, to maintain, from the commencement of the construction of the Facility to the expiry of the Term, at its own cost and expense, all the necessary and appropriate insurance that a prudent Person in the business of developing, constructing, financing and operating the Facility would maintain including policies for “all-risk” property insurance covering not less than the full replacement value of the Facility, “all-risk” equipment breakdown insurance, “wrap-up” liability insurance and “commercial general liability” insurance with a rider to extend coverage to include Environmental Incidents. (b) Any policies described in this Section 2.8 must (i) for any property insurance, contain a waiver of subrogation in favour of the Indemnitees; and (ii) for any liability insurance, include the Indemnitees as additional insureds with respect to liability arising in the course of performance of the obligations under, or otherwise in connection with, this Agreement, in which case the policy shall be non- contributing and primary with respect to coverage in favour of the Indemnitees. The limit for liability policies described in this Section 2.8 shall be for an amount appropriate for the size and scope of the Facility. (c) Within ten (10) Business Days of any request therefore by the Buyer, the Supplier shall provide the Buyer, via electronic submission, with an electronic certificate and copy of each insurance policy required in this Section 2.8 which confirms the relevant coverage, including endorsements, and that is issued in the name of, or otherwise confirms coverage of, the Supplier and the Facility, as applicable.. Draft (d) If the Supplier is subject to the Workplace Safety and Insurance Act (Ontario), it shall submit a valid clearance certificate of Workplace Safety and Insurance Act coverage to the Buyer on or prior to the commencement of construction of the Facility. In addition, the Supplier shall, from time to time at the request of the Buyer, provide additional WorkplaceWorkplace Safety and Insurance Act clearance certificates. The Supplier agrees to pay when due, and to ensure that each of its contractors and subcontractors pays when due, all amounts required to be paid by it and its contractors and subcontractors, from time to time from the commencement of construction of the Facility, under the Workplace Safety and Insurance Act (Ontario), failing which the Buyer shall have the right, in addition to and not in substitution for any other right it may have pursuant to this Agreement or otherwise at law or in equity, to pay to the Workplace Safety and Insurance Board any amount due pursuant to the Workplace Safety and Insurance Act (Ontario) and unpaid by the Supplier or its contractors and subcontractors and to deduct such amount from any amount due and owing from time to time to the Supplier pursuant to this Agreement together with all costs incurred by the Buyer in connection therewith.

Insurance Covenants. ‌ (a) The Supplier shall put in effect and maintain, or cause its contractors, where appropriate, to maintain, from the commencement of the construction of the Facility to the expiry of the Term, at its own cost and expense, all the necessary and appropriate insurance that a prudent Person in the business of developing, constructing, financing and operating the Facility would maintain including policies for “all-risk” property insurance covering not less than the full replacement value of the Facility, “all-risk” equipment breakdown insurance, “wrap-up” liability insurance and “commercial general liability” insurance with a rider to extend coverage to include Environmental Incidents. (b) Any policies described in this Section 2.8 must (i) for any property insurance, contain a waiver of subrogation in favour of the Indemnitees; and (ii) for any liability insurance, include the Indemnitees as additional insureds with respect to liability arising in the course of performance of the obligations under, or otherwise in connection with, this Agreement, in which case the policy shall be non- contributing and primary with respect to coverage in favour of the Indemnitees. The limit for liability policies described in this Section 2.8 shall be for an amount appropriate for the size and scope of the Facility. (c) Within ten (10) Business Days of any request therefore by the Buyer, the Supplier shall provide the Buyer, via electronic submission, with an electronic certificate of each insurance policy required in this Section 2.8 which confirms the relevant coverage, including endorsements, and that is issued in the name of, or otherwise confirms coverage of, the Supplier and the Facility, as applicable.. Draft (d) If the Supplier is subject to the Workplace Safety and Insurance Act (Ontario), it shall submit a valid clearance certificate of Workplace Safety and Insurance Act coverage to the Buyer on or prior to the commencement of construction of the Facility. In addition, the Supplier shall, from time to time at the request of the Buyer, provide additional WorkplaceWorkplace Safety and Insurance Act clearance certificates. The Supplier agrees to pay when due, and to ensure that each of its contractors and subcontractors pays when due, all amounts required to be paid by it and its contractors and subcontractors, from time to time from the commencement of construction of the Facility, under the Workplace Safety and Insurance Act (Ontario), failing which the Buyer shall have the right, in addition to and not in substitution for any other right it may have pursuant to this Agreement or otherwise at law or in equity, to pay to the Workplace Safety and Insurance Board any amount due pursuant to the Workplace Safety and Insurance Act (Ontario) and unpaid by the Supplier or its contractors and subcontractors and to deduct such amount from any amount due and owing from time to time to the Supplier pursuant to this Agreement together with all costs incurred by the Buyer in connection therewith.

Insurance Covenants. ‌ (a) The Supplier shall put in effect and maintain, or cause its contractors, where appropriate, to maintain, from the commencement of the construction of the Facility to the expiry of the Term, at its own cost and expense, all the necessary and appropriate insurance that a prudent Person in the business of developing, constructing, financing and operating the Facility would maintain including policies for “all-risk” property insurance covering not less than the full replacement value of the Facility, “all-risk” equipment breakdown insurance, “wrap-up” liability insurance and “commercial general liability” insurance with a rider to extend coverage to include Environmental Incidents.. Draft (b) Any policies described in this Section 2.8 must (i) for any property insurance, contain a waiver of subrogation in favour of the Indemnitees; and (ii) for any liability insurance, include the Indemnitees as additional insureds with respect to liability arising in the course of performance of the obligations under, or otherwise in connection with, this Agreement, in which case the policy shall be non- contributing and primary with respect to coverage in favour of the Indemnitees. The limit for liability policies described in this Section 2.8 shall be for an amount appropriate for the size and scope of the Facility. (c) Within ten (10) Business Days of any request therefore by the Buyer, the Supplier shall provide the Buyer, via electronic submission, with an electronic certificate of each insurance policy required in this Section 2.8 which confirms the relevant coverage, including endorsements, and that is issued in the name of, or otherwise confirms coverage of, the Supplier and the Facility, as applicable. (d) If the Supplier is subject to the Workplace Safety and Insurance Act (Ontario), it shall submit a valid clearance certificate of Workplace Safety and Insurance Act coverage to the Buyer on or prior to the commencement of construction of the Facility. In addition, the Supplier shall, from time to time at the request of the Buyer, provide additional Workplace

Insurance Covenants. ‌ (a) The Supplier shall put in effect and maintain, or cause its contractors, where appropriate, to maintain, from the commencement of the construction of the Facility to the expiry of the Term, at its own cost and expense, all the necessary and appropriate insurance that a prudent Person in the business of developing, constructing, financing and operating the Facility would maintain including policies for “all-risk” property insurance covering not less than the full replacement value of the Facility, “all-risk” equipment breakdown insurance, “wrap-up” liability insurance and “commercial general liability” insurance with a rider to extend coverage to include Environmental Incidents.Incidents.‌ Draft (b) Any policies described in this Section 2.8 must (i) for any property insurance, contain a waiver of subrogation in favour of the Indemnitees; and (ii) for any liability insurance, include the Indemnitees as additional insureds with respect to liability arising in the course of performance of the obligations under, or otherwise in connection with, this Agreement, in which case the policy shall be non- non-contributing and primary with respect to coverage in favour of the Indemnitees. The limit for liability policies described in this Section 2.8 shall be for an amount appropriate for the size and scope of the Facility.Facility.‌‌ (c) Within ten (10) Business Days of any request therefore by the Buyer, the Supplier shall provide the Buyer, via electronic submission, with an electronic certificate of each insurance policy required in this Section 2.8 which confirms the relevant coverage, including endorsements, and that is issued in the name of, or otherwise confirms coverage of, the Supplier and the Facility, as applicable.applicable.‌ (d) If the Supplier is subject to the Workplace Safety and Insurance Act (Ontario), it shall submit a valid clearance certificate of Workplace Safety and Insurance Act coverage to the Buyer on or prior to the commencement of construction of the Facility. In addition, the Supplier shall, from time to time at the request of the Buyer, provide additional Workplace

Insurance Covenants. ‌ (a) The Supplier shall put in effect and maintain, or cause its contractors, where appropriate, to maintain, from the commencement of the construction of the Facility to the expiry of the Term, at its own cost and expense, all the necessary and appropriate insurance that a prudent Person in the business of developing, constructing, financing and operating the Facility would maintain including policies for “all-risk” property insurance covering not less than the full replacement value of the Facility, “all-risk” equipment breakdown insurance, “wrap-up” liability insurance and “commercial general liability” insurance with a rider to extend coverage to include Environmental Incidents.Incidents.‌ (b) Any policies described in this Section 2.8 must (i) for any property insurance, contain a waiver of subrogation in favour of the Indemnitees; and (ii) for any liability insurance, include the Indemnitees as additional insureds with respect to liability arising in the course of performance of the obligations under, or otherwise in connection with, this Agreement, in which case the policy shall be non- non-contributing and primary with respect to coverage in favour of the Indemnitees. The limit for liability policies described in this Section 2.8 shall be for an amount appropriate for the size and scope of the Facility.Facility.‌ Draft (c) Within ten (10) Business Days of any request therefore by the Buyer, the Supplier shall provide the Buyer, via electronic submission, with an electronic certificate of each insurance policy required in this Section 2.8 which confirms the relevant coverage, including endorsements, and that is issued in the name of, or otherwise confirms coverage of, the Supplier and the Facility, as applicable.applicable.‌‌ (d) If the Supplier is subject to the Workplace Safety and Insurance Act (Ontario), it shall submit a valid clearance certificate of Workplace Safety and Insurance Act coverage to the Buyer on or prior to the commencement of construction of the Facility. In addition, the Supplier shall, from time to time at the request of the Buyer, provide additional WorkplaceWorkplace Safety and Insurance Act clearance certificates. The Supplier agrees to pay when due, and to ensure that each of its contractors and subcontractors pays when due, all amounts required to be paid by it and its contractors and subcontractors, from time to time from the commencement of construction of the Facility, under the Workplace Safety and Insurance Act (Ontario), failing which the Buyer shall have the right, in addition to and not in substitution for any other right it may have pursuant to this Agreement or otherwise at law or in equity, to pay to the Workplace Safety and‌ Insurance Board any amount due pursuant to the Workplace Safety and Insurance Act (Ontario) and unpaid by the Supplier or its contractors and subcontractors and to deduct such amount from any amount due and owing from time to time to the Supplier pursuant to this Agreement together with all costs incurred by the Buyer in connection therewith.