Common use of Insurance; Performance Guaranties Clause in Contracts

Insurance; Performance Guaranties. MCA-Benin II will, to MCC’s satisfaction, cause all Program Assets to be insured (including, without limitation, through self- insurance) and will arrange such other appropriate insurance to cover against risks or liabilities associated with the operations of the Program, including by requiring Providers to obtain adequate insurance and to post adequate performance bonds or other guarantees. With MCC’s prior consent, MCC Funding may be used to pay the costs of obtaining such insurance. MCA-Benin II (or, as appropriate and with MCC’s prior approval, another entity) will be named as the payee on any such insurance and the beneficiary of any such guaranty or bonds. If not already named as the insured party, MCA-Benin II (and MCC, if it so requests) will be named as additional insureds on any such insurance. The Government will promptly notify MCC of the payment of any proceeds from claims paid under such insurance or guaranty, and will ensure that such proceeds will be used to replace or repair any lost or damaged Program Assets; provided, however, that, at MCC’s election, such proceeds will be deposited in a Permitted Account as designated by MCA-Benin II or as otherwise directed by MCC.

Insurance; Performance Guaranties. MCA-Benin II Indonesia will, to MCC’s satisfaction, cause all Program Assets to be insured (including, without limitation, through self- insurance) and will arrange such other appropriate insurance to cover against risks or liabilities associated with the operations of the Program, including by requiring Providers to obtain adequate insurance and to post adequate performance bonds or other guaranteesguaranties. With MCC’s prior consent, MCC Funding may be used to pay the costs of obtaining such insurance. MCA-Benin II MCA- Indonesia (or, as appropriate and with MCC’s prior approval, another entity) will be named as the payee on any such insurance and the beneficiary of any such guaranty or bonds. If not already named as the insured party, MCA-Benin II Indonesia (and MCC, if it so requests) will be named as additional insureds on any such insurance. The Government MCA-Indonesia will promptly notify MCC of the payment of any proceeds from claims paid under such insurance or guaranty, and will ensure that such proceeds will be used to replace or repair any lost or damaged Program Assets; provided, however, that, at MCC’s election, such proceeds will be deposited in a Permitted Account as designated by MCA-Benin II Indonesia or as otherwise directed by MCC.

Insurance; Performance Guaranties. MCA-Benin II MiDA will, to MCC’s satisfaction, cause all Program Assets to be insured (including, without limitation, through self- self-insurance) and will arrange such other appropriate insurance to cover against risks or liabilities associated with the operations of the Program, including by requiring Providers to obtain adequate insurance and to post adequate performance bonds or other guaranteesguaranties. With MCC’s prior consent, MCC Funding may be used to pay the costs of obtaining such insurance. MCA-Benin II MiDA (or, as appropriate and with MCC’s prior approval, another entity) will be named as the payee on any such insurance and the beneficiary of any such guaranty or bonds. If not already named as the insured party, MCA-Benin II XxXX (and MCC, if it so requests) will be named as additional insureds on any such insurance. The Government will promptly notify MCC of the payment of any proceeds from claims paid under such insurance or guaranty, and will ensure that such proceeds will be used to replace or repair any lost or damaged Program Assets; provided, however, that, at MCC’s election, such proceeds will be deposited in a Permitted Account as designated by MCA-Benin II MiDA or as otherwise directed by MCC.

Insurance; Performance Guaranties. MCA-Benin II El Salvador will, to MCC’s satisfaction, cause all Program Assets to be insured (including, without limitation, through self- insurance) and will arrange such other appropriate insurance to cover against risks or liabilities associated with the operations of the Program, including by requiring Providers to obtain adequate insurance and to post adequate performance bonds or other guaranteesguaranties. With MCC’s prior consent, MCC Funding may be used to pay the costs of obtaining such insurance. MCA-Benin II El Salvador (or, as appropriate and with MCC’s prior approval, another entity) will be named as the payee on any such insurance and the beneficiary of any such guaranty or bonds. If not already named as the insured party, MCA-Benin II El Salvador (and MCC, if it so requests) will be named as additional insureds on any such insurance. The Government will promptly notify MCC of the payment of any proceeds from claims paid under such insurance or guaranty, and will ensure that such proceeds will be used to replace or repair any lost or damaged Program Assets; provided, however, that, at MCC’s election, such proceeds will be deposited in a Permitted Account as designated by MCA-Benin II El Salvador or as otherwise directed by MCC.

Insurance; Performance Guaranties. MCA-Benin Indonesia II willshall, to MCC’s satisfaction, cause all Program Assets to be insured (including, without limitation, through self- insurance) and will shall arrange such other appropriate insurance to cover against risks or liabilities associated with the operations of the Program, including by requiring Providers to obtain adequate insurance and to post adequate performance bonds or other guaranteesguaranties. With Subject to the terms of MCC’s prior consentCost Principles for Government Affiliates Involved in Compact Implementation, MCC Funding may be used to pay the costs of obtaining such insurance. MCA-Benin Indonesia II (or, as appropriate and with MCC’s prior approval, another entity) will shall be named as the payee on any such insurance and the beneficiary of any such guaranty or bonds. If not already named as the insured party, MCA-Benin Indonesia II (and MCC, if it so requests) will shall be named as additional insureds on any such insurance. The Government will shall promptly notify MCC of the payment of any proceeds from claims paid under such insurance or guaranty, guaranty and will shall ensure that such proceeds will shall be used to replace or repair any lost or damaged Program Assets; provided, however, that, at MCC’s election, such proceeds will shall be deposited in a Permitted Account as designated by MCA-Benin Indonesia II or as otherwise directed by MCC.

Insurance; Performance Guaranties. MCA-Benin II Malawi will, to MCC’s satisfaction, cause all Program Assets to be insured (including, without limitation, through self- insurance) and will arrange such other appropriate insurance to cover against risks or liabilities associated with the operations of the Program, including by requiring Providers to obtain adequate insurance and to post adequate performance bonds or other guaranteesguaranties. With MCC’s prior consent, MCC Funding may be used to pay the costs of obtaining such insurance. MCA-Benin II MCA- Malawi (or, as appropriate and with MCC’s prior approval, another entity) will be named as the payee on any such insurance and the beneficiary of any such guaranty or bonds. If not already named as the insured party, MCA-Benin II Malawi (and MCC, if it so requests) will be named as additional insureds on any such insurance. The Government will promptly notify MCC of the payment of any proceeds from claims paid under such insurance or guaranty, and will ensure that such proceeds will be used to replace or repair any lost or damaged Program Assets; provided, however, that, at MCC’s election, such proceeds will be deposited in a Permitted Account as designated by MCA-Benin II Malawi or as otherwise directed by MCC.

Insurance; Performance Guaranties. MCA-Benin II Jordan will, to MCC’s satisfaction, cause all Program Assets to be insured (including, without limitation, through self- insurance) and will arrange such other appropriate insurance to cover against risks or liabilities associated with the operations of the Program, including by requiring Providers to obtain adequate insurance and to post adequate performance bonds or other guaranteesguaranties. With MCC’s prior consent, MCC Funding may be used to pay the costs of obtaining such insurance. MCA-Benin II MCA- Jordan (or, as appropriate and with MCC’s prior approval, another entity) will be named as the payee on any such insurance and the beneficiary of any such guaranty or bonds. If not already named as the insured party, MCA-Benin II Jordan (and MCC, if it so requests) will be named as additional insureds on any such insuranceinsurance (except, with respect to Program Assets funded under the As-Samra Expansion Project, as may be otherwise provided in the As-Samra Implementation Agreement and the As-Samra Transaction Documents). The Government will promptly notify MCC of the payment of any proceeds from claims paid under such insurance or guaranty, and will ensure that such proceeds will be used to replace or repair any lost or damaged Program Assets; provided, however, that, at MCC’s election, such proceeds will be deposited in a Permitted Account as designated by MCA-Benin II Jordan or as otherwise directed by MCC.

Insurance; Performance Guaranties. MCA-Benin II Morocco will, to MCC’s satisfaction, cause all Program Assets to be insured (including, without limitation, through self- insurance) and will arrange such other appropriate insurance to cover against risks or liabilities associated with the operations of the Program, including by requiring Providers to obtain adequate insurance and to post adequate performance bonds or other guaranteesguaranties. With MCC’s prior consent, MCC Funding may be used to pay the costs of obtaining such insurance. MCA-Benin II Morocco (or, as appropriate and with MCC’s prior approval, another entity) will be named as the payee on any such insurance and the beneficiary of any such guaranty or bonds. If not already named as the insured party, MCA-Benin II Morocco (and MCC, if it so requests) will be named as additional insureds on any such insurance. The Government will promptly notify MCC of the payment of any proceeds from claims paid under such insurance or guaranty, and will ensure that such proceeds will be used to replace or repair any lost or damaged Program Assets; provided, however, that, at MCC’s election, such proceeds will be deposited in a Permitted Account as designated by MCA-Benin II MCA- Morocco or as otherwise directed by MCC.

Insurance; Performance Guaranties. MCA-Benin Lesotho II willshall, to MCC’s satisfaction, cause all Program Assets to be insured (including, without limitation, through self- insurance) and will shall arrange such other appropriate insurance to cover against risks or liabilities associated with the operations of the Program, including by requiring Providers to obtain adequate insurance and to post adequate performance bonds or other guaranteesguaranties. With MCC’s prior consent, MCC Funding may be used to pay the costs of obtaining such insurance. MCA-Benin MCA- Lesotho II (or, as appropriate and with MCC’s prior approval, another entity) will shall be named as the payee on any such insurance and the beneficiary of any such guaranty or bonds. If not already named as the insured party, MCA-Benin Lesotho II (and MCC, if it so requests) will shall be named as additional insureds on any such insurance. The Government will shall promptly notify MCC of the payment of any proceeds from claims paid under such insurance or guaranty, guaranty and will shall ensure that such proceeds will shall be used to replace or repair any lost or damaged Program Assets; provided, however, that, at MCC’s election, such proceeds will shall be deposited in a Permitted Account as designated by MCA-Benin Lesotho II or as otherwise directed by MCC.

Insurance; Performance Guaranties. MCA-Benin II Moldova will, to MCC’s satisfaction, cause all Program Assets to be insured (including, without limitation, including through self- self-insurance) and will arrange such other appropriate insurance to cover against risks or liabilities associated with the operations of the Program, including by requiring Providers providers of goods, works, or services for the Program to obtain adequate insurance and to post adequate performance bonds or other guarantees. With MCC’s prior consent, MCC Funding may be used to pay the costs of obtaining such insuranceguaranties. MCA-Benin II Moldova (or, as appropriate and with MCC’s prior approval, another entity) will be named as the payee on any such insurance and the beneficiary of any such guaranty or bonds. If not already named as the insured party, MCA-Benin II Moldova (and MCC, if it so requests) will be named as additional insureds on any such insurance. The Government will promptly notify MCC of the payment of any proceeds from claims paid under such insurance or guaranty, and will ensure that such proceeds will be used to replace or repair any lost or damaged Program Assets; provided, however, that, at MCC’s election, such any excess proceeds will be deposited in a Permitted Account as designated by MCA-Benin II Moldova or as otherwise directed by MCC. For the avoidance of doubt, MCC Funding may be used, to the extent permitted by the MCC Cost Principles, to pay the costs of the insurance required by this Section 1.3(b)(vii).

Insurance; Performance Guaranties. MCA-Benin Malawi II willshall, to MCC’s satisfaction, cause all Program Assets to be insured (including, without limitation, through self- self-insurance) and will shall arrange such other appropriate insurance to cover against risks or liabilities associated with the operations of the Program, including by requiring Providers to obtain adequate insurance and to post adequate performance bonds or other guaranteesguaranties. With MCC’s prior consent, MCC Funding may be used to pay the costs of obtaining such insurance. MCA-Benin Malawi II (or, as appropriate and with MCC’s prior approval, another entity) will shall be named as the payee on any such insurance and the beneficiary of any such guaranty or bonds. If not already named as the insured party, MCA-Benin Malawi II (and MCC, if it so requests) will shall be named as additional insureds on any such insurance. The Government will shall promptly notify MCC of the payment of any proceeds from claims paid under such insurance or guaranty, guaranty and will shall ensure that such proceeds will shall be used to replace or repair any lost or damaged Program Assets; provided, however, that, at MCC’s election, such proceeds will shall be deposited in a Permitted Account as designated by MCA-Benin Malawi II or as otherwise directed by MCC.

Insurance; Performance Guaranties. MCA-Benin II willBelize shall, to MCC’s satisfaction, cause all Program Assets to be insured (including, without limitation, through self- insurance) and will shall arrange such other appropriate insurance to cover against risks or liabilities associated with the operations of the Program, including by requiring Providers to obtain adequate insurance and to post adequate performance bonds or other guaranteesguaranties. With MCC’s prior consentSubject to the terms of the Cost Principles for Government Affiliates, MCC Funding may be used to pay the costs of obtaining such insurance. MCA-Benin II Belize (or, as appropriate and with MCC’s prior approval, another entity) will shall be named as the payee on any such insurance and the beneficiary of any such guaranty or bonds. If not already named as the insured party, MCA-Benin II Belize (and MCC, if it so requests) will shall be named as additional insureds on any such insurance. The Government will Belize shall promptly notify MCC of the payment of any proceeds from claims paid under such insurance or guaranty, guaranty and will shall ensure that such proceeds will shall be used to replace or repair any lost or damaged Program Assets; provided, however, that, at MCC’s election, such proceeds will shall be deposited in a Permitted Account as designated by MCA-Benin II Belize or as otherwise directed by MCC.

Insurance; Performance Guaranties. MCA-Benin II willRegional shall, to MCC’s satisfaction, cause all Program Assets to be insured (including, without limitation, through self- self-insurance) and will shall arrange such other appropriate insurance to cover against risks or liabilities associated with the operations of the Program, including by requiring Providers to obtain adequate insurance and to post adequate performance bonds or other guaranteesguaranties. With MCC’s prior consent, MCC Funding may be used to pay the costs of obtaining such insurance. MCA-Benin II Regional (or, as appropriate and with MCC’s prior approval, another entity) will shall be named as the payee on any such insurance and the beneficiary of any such guaranty or bonds. If not already named as the insured party, MCA-Benin II Regional (and MCC, if it so requests) will shall be named as additional insureds on any such insurance. The Government will shall promptly notify MCC of the payment of any proceeds from claims paid under such insurance or guaranty, guaranty and will shall ensure that such proceeds will shall be used to replace or repair any lost or damaged Program Assets; provided, however, that, at MCC’s election, such proceeds will shall be deposited in a Permitted Account as designated by MCA-Benin II Regional or as otherwise directed by MCC.

Insurance; Performance Guaranties. MCA-Benin II Liberia will, to MCC’s satisfaction, cause all Program Assets to be insured (including, without limitation, through self- insurance) and will arrange such other appropriate insurance to cover against risks or liabilities associated with the operations of the Program, including by requiring Providers to obtain adequate insurance and to post adequate performance bonds or other guaranteesguaranties. With MCC’s prior consent, MCC Funding may be used to pay the costs of obtaining such insurance. MCA-Benin II MCA- Liberia (or, as appropriate and with MCC’s prior approval, another entity) will be named as the payee on any such insurance and the beneficiary of any such guaranty or bonds. If not already named as the insured party, MCA-Benin II Liberia (and MCC, if it so requests) will be named as additional insureds on any such insurance. The Government will promptly notify MCC of the payment of any proceeds from claims paid under such insurance or guaranty, and will ensure that such proceeds will be used to replace or repair any lost or damaged Program Assets; provided, however, that, at MCC’s election, such proceeds will be deposited in a Permitted Account as designated by MCA-Benin II Liberia or as otherwise directed by MCC.

Insurance; Performance Guaranties. MCA-Benin II willMongolia shall, to MCC’s satisfaction, cause all Program Assets to be insured (including, without limitation, through self- insurance) and will shall arrange such other appropriate insurance to cover against risks or liabilities associated with the operations of the Program, including by requiring Providers to obtain adequate insurance and to post adequate performance bonds or other guaranteesguaranties. With MCC’s prior consent, MCC Funding may be used to pay the costs of obtaining such insurance. MCA-Benin II MCA- Mongolia (or, as appropriate and with MCC’s prior approval, another entity) will shall be named as the payee on any such insurance and the beneficiary of any such guaranty or bonds. If not already named as the insured party, MCA-Benin II Mongolia (and MCC, if it so requests) will shall be named as additional insureds on any such insurance. The Government will shall promptly notify MCC of the payment of any proceeds from claims paid under such insurance or guaranty, and will shall ensure that such proceeds will be are used to replace or repair any lost or damaged Program Assets; provided, however, that, at MCC’s election, such proceeds will shall be deposited in a Permitted Account as designated by MCA-Benin II Mongolia or as otherwise directed by MCC.

Insurance; Performance Guaranties. MCA-Benin Senegal II willshall, to MCC’s satisfaction, cause all Program Assets to be insured (including, without limitation, through self- insurance) and will shall arrange such other appropriate insurance to cover against risks or liabilities associated with the operations of the Program, including by requiring Providers to obtain adequate insurance and to post adequate performance bonds or other guaranteesguaranties. With MCC’s prior consent, MCC Funding may be used to pay the costs of obtaining such insurance. MCA-Benin MCA- Senegal II (or, as appropriate and with MCC’s prior approval, another entity) will shall be named as the payee on any such insurance and the beneficiary of any such guaranty or bonds. If not already named as the insured party, MCA-Benin Senegal II (and MCC, if it so requests) will shall be named as additional insureds on any such insurance. The Government will shall promptly notify MCC of the payment of any proceeds from claims paid under such insurance or guaranty, and will shall ensure that such proceeds will shall be used to replace or repair any lost or damaged Program Assets; provided, however, that, at MCC’s election, such proceeds will shall be deposited in a Permitted Account as designated by MCA-Benin Senegal II or as otherwise directed by MCC.

Insurance; Performance Guaranties. MCA-Benin II willKosovo shall, to MCC’s satisfaction, cause all Program Assets to be insured (including, without limitation, through self- insurance) and will shall arrange such other appropriate insurance to cover against risks or liabilities associated with the operations of the Program, including by requiring Providers to obtain adequate insurance and to post adequate performance bonds or other guaranteesguaranties. With MCC’s prior consent, MCC Funding may be used to pay the costs of obtaining such insurance. MCA-Benin II MCA- Kosovo (or, as appropriate and with MCC’s prior approval, another entity) will shall be named as the payee on any such insurance and the beneficiary of any such guaranty or bonds. If not already named as the insured party, MCA-Benin II Kosovo (and MCC, if it so requests) will shall be named as additional insureds on any such insurance. The Government will shall promptly notify MCC of the payment of any proceeds from claims paid under such insurance or guaranty, guaranty and will shall ensure that such proceeds will shall be used to replace or repair any lost or damaged Program Assets; provided, however, that, at MCC’s election, such proceeds will shall be deposited in a Permitted Account as designated by MCA-Benin II Kosovo or as otherwise directed by MCC.

Insurance; Performance Guaranties. MCA-Benin II willNiger shall, to MCC’s satisfaction, cause all Program Assets to be insured (including, without limitation, through self- insurance) and will shall arrange such other appropriate insurance to cover against risks or liabilities associated with the operations of the Program, including by requiring Providers to obtain adequate insurance and to post adequate performance bonds or other guaranteesguaranties. With MCC’s prior consent, MCC Funding may be used to pay the costs of obtaining such insurance. MCA-Benin II MCA- Niger (or, as appropriate and with MCC’s prior approval, another entity) will shall be named as the payee on any such insurance and the beneficiary of any such guaranty or bonds. If not already named as the insured party, MCA-Benin II Niger (and MCC, if it so requests) will shall be named as additional insureds on any such insurance. The Government will shall promptly notify MCC of the payment of any proceeds from claims paid under such insurance or guaranty, guaranty and will shall ensure that such proceeds will shall be used to replace or repair any lost or damaged Program Assets; provided, however, that, at MCC’s election, such proceeds will shall be deposited in a Permitted Account as designated by MCA-Benin II Niger or as otherwise directed by MCC.