Common use of Insurance Required Clause in Contracts

Insurance Required. (a) Borrower shall cause to be maintained, in full force and effect on all property of Borrower insurance in such amounts against such risks as is reasonably satisfactory to Lender, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of the date hereof, any of the leased real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be in a form and with insurers which are satisfactory to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender as additional insured and loss payee as Lender’s interest may from time to time appear; (iv) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without thirty (30) days prior written notice to Lender; and (vi) Upon demand, be delivered to Lender. (b) Borrower shall obtain such additional insurance as Lender may reasonably require. (c) Borrower shall, in the event of loss or damage, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds. (d) Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same to Lender. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. (a) Borrower shall cause to be maintained, in full force and effect on all property of Borrower Collateral, insurance in such amounts against such risks as is reasonably satisfactory to Lender, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of the date hereof, any of the leased real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be in a form and with insurers which are satisfactory to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender as additional insured and loss payee as Lender’s interest may from time to time appear; (iv) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without thirty (30) days prior written notice to Lender; and (vi) Upon demand, be delivered to Lender. (b) Borrower shall obtain such additional insurance as Lender may reasonably require. (c) Borrower shall, in the event of loss or damagedamage of any Collateral, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds. (d) Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same to Lender. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. (ai) The Borrower shall cause to be maintained, in full force and effect on all property of the Borrower including, without limitation, all inventory and equipment for all Obligations, insurance in such amounts against such risks as is reasonably satisfactory to Lenderthe Bank, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of if, on the date hereofClosing Date, any of the leased real property of upon which the Borrower conducts its business is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (ia) Be in a form and with insurers which are satisfactory to Lenderthe Bank; (iib) Be for such risks, risks and for such insured values as Lender the Bank or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iiic) Designate Lender the Bank and its assignees, as additional insured insureds and loss payee payees as Lender’s interest their interests may from time to time appear; (ivd) Contain a “"breach of warranty clause” " whereby the insurer agrees that a breach of the insuring conditions or any negligence by the Borrower or any other person shall not invalidate the insurance as to Lender the Bank and its assignee; (ve) Provide that they may not be canceled or materially altered without thirty ten (3010) days prior written notice to Lenderthe Bank and its assigns; and (vif) Upon demand, be delivered to Lender.the Bank; (bii) The Borrower shall obtain such additional insurance as Lender the Bank may reasonably require.; (ciii) The Borrower shall, shall in the event of loss or damage, forthwith notify Lender the Bank and file proofs of loss with the appropriate insurer. The Borrower hereby authorizes Lender authorize the Bank to endorse any checks or drafts constituting insurance proceeds.; (div) The Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same to Lender.the Bank; and (ev) In no event shall Lender the Bank be required either to (ia) ascertain the existence of or examine any insurance policy or (iib) advise the Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. Throughout the term of this Agreement, the Borrower shall keep the Collateral Property continuously insured against the following risks, paying as the same become due and payable all premiums with respect thereto: (a) Borrower shall cause insurance against loss or damage to the Property by all perils, with uniform standard extended coverage endorsement limited only as may be maintainedprovided in the standard form of extended coverage endorsement at the time in use in the State, in to such extent as is necessary to provide for the full force and effect on all property of Borrower insurance insurable value, but with deductible clauses in such amounts against such risks as is reasonably satisfactory to Lender, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, are customary for facilities of similar size and hazard insurance and, if as of character within the date hereof, any of the leased real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be in a form and with insurers which are satisfactory to LenderState; (iib) Be comprehensive general accident and public liability insurance (including coverage for such risks, all losses arising from the ownership or use of any vehicle) providing coverage limits (including deductible clauses) of not less than the coverage limits customarily carried by owners or operators of facilities of similar size and for such insured values as Lender or its assigns may reasonably require in order to replace character within the property in the event of actual or constructive total lossState; (iiic) Designate Lender fidelity insurance or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and to such extent as additional insured are customarily carried by organizations similar to the Borrower and loss payee as Lender’s interest may from time operating properties similar in size and character to time appear;the facilities of the Borrower; and (ivd) Contain workers’ compensation insurance, disability benefits insurance and such other forms of insurance as the Borrower is required by law to provide with respect to the Property. The insurance policies required by this Section may be evidenced by individual policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a “breach report as to the adequacy of warranty clause” whereby such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the insurer agrees that a breach Borrower without the consent of the insuring conditions Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any negligence part of the foregoing requirements if the Borrowers have received a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by Borrower such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or any other person shall not invalidate certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the insurance Borrowers are required to maintain pursuant to this Section, together with evidence as to Lender and its assignee; the payment of all premiums then due thereon; (vb) Provide that they may not be canceled or altered without at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated without thirty (30) days’ written notice to Lender; and (vi) Upon demandthe Trustee. Delivery of reports, be delivered recommendations, certificates and other documents to Lender. (b) Borrower shall obtain such additional insurance as Lender may reasonably require. (c) Borrower shall, in the event of loss or damage, forthwith notify Lender Trustee pursuant to this Section 6.3 is for safe keeping purposes only and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds. (d) Borrower shall forthwith upon Trustee’s receipt of insurance proceeds endorse and deliver the same to Lender. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise Borrower in the event such insurance coverage foregoing shall not comply with imply a duty on the requirements part of this Agreementthe Trustee to review, evaluate or analyze the information contained therein.

Insurance Required. The Redeveloper shall obtain and maintain insurance for the Project as required by its lenders. In addition, the Redeveloper shall provide the following: (a) Borrower Prior to the Commencement of Construction of the Project Improvements, the Redeveloper shall furnish or shall cause to be maintainedfurnished, in full force to the Borough, certificates of insurance evidencing the issuance of commercial general liability insurance, insuring the Redeveloper against losses, costs, liabilities, claims, causes of action and effect damages for bodily injury, property damage and personal injury on all property in the Project Area or related to the construction thereon, in the amount of Borrower at least Five Million Dollars ($5,000,000.00), with the understanding that the required limits of coverage may be satisfied by any combination of primary, umbrella or excess liability insurances. Such insurance in shall include blanket contractual liability coverage. All such amounts against such risks as is reasonably satisfactory policies shall be written to Lenderapply to all bodily injury, property damage, personal injury and other covered loss, including, but without limitationnot limited to, product liabilityclaims of subcontractors, business interruptionhowever occasioned, liabilityoccurring during the policy term, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transitshall be endorsed to add the Borough as an additional insured, and hazard to provide that such coverage shall be primary and that any insurance and, if as of the date hereof, any of the leased real property of Borrower is in an area that has been identified maintained by the Secretary Borough shall be excess insurance only. Such coverage shall be endorsed to waive the insurer's rights of Housing and Urban Development as having special flood or mudslide hazards, and on which subrogation against the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be in a form and with insurers which are satisfactory to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender as additional insured and loss payee as Lender’s interest may from time to time appear; (iv) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without thirty (30) days prior written notice to Lender; and (vi) Upon demand, be delivered to LenderBorough. (b) Borrower shall obtain such additional insurance Builder's Risk Insurance for the benefit of the Redeveloper, during the term of construction, sufficient to protect against loss or damage resulting from fire, flood, wind, and lightning, the standard extended coverage perils, vandalism, and malicious mischief. The limits of liability will be equal to one hundred percent (100%) of the replacement cost (to current building code) of the insurable elements of the project, including items of labor and materials connected therewith, whether in or adjacent to the structure(s) insured, and materials in place or to be used as Lender may reasonably requirepart of the permanent construction. (c) Borrower shallThe Redeveloper shall also furnish or cause to be furnished to the Borough evidence satisfactory to the Borough that the Redeveloper carries workers' compensation insurance as required by law, in and an employer's liability insurance endorsement with customary limits, and shall be endorsed with a waiver of subrogation clause for the event of loss or damage, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceedsBorough. (d) Borrower shall forthwith upon receipt Comprehensive Automobile Liability Insurance covering all owned, hired and non-owned vehicles insuring the Redeveloper and the Borough against losses, costs, liabilities, claims, causes of insurance proceeds endorse action and deliver damages for bodily injury and property damage in the same to Lenderamount of at least One Million Dollars ($1,000,000.00) combined single limit coverage. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise Borrower in the event that the Redeveloper obtains, or is required by any Governmental Authority or Holder to obtain any environmental insurance policy, the Borough shall be named as an additional insured on such insurance coverage shall not comply with the requirements of this Agreementpolicy.

Insurance Required. The Obligor agrees to secure, maintain and keep in force at all times the following policies of insurance: (a) Borrower shall cause to be maintainedThroughout the course of construction of the Project, if any, builder’s completed value risk insurance, in full force non-reporting form, against all risks of physical loss, including collapse, covering the total value of work performed and effect on all property of Borrower insurance in such amounts against such risks as is reasonably satisfactory to Lenderequipment, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, supplies and hazard insurance and, if as of materials furnished for the date hereof, any of the leased real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: Project (i) Be in a form and with insurers which are satisfactory to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender as additional insured and loss payee as Lender’s interest may from time to time appear; (iv) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without thirty (30) days prior written notice to Lender; and (vi) Upon demand, be delivered to Lenderincluding on-site stored materials). (b) Borrower shall obtain Upon substantial completion of construction of the Project, fire and extended coverage insurance (and such additional other hazard insurance as Lender may reasonably the Bondowners, as evidenced by Bondowner Consent, shall require) covering the Project (and all other property secured by the Collateral Documents) in an amount equal to the full replacement cost of the Project and improvements thereon including the cost of debris removal (exclusive of the cost of excavations, foundations and footings below the lowest basement floor), and in any event shall be maintained in amounts sufficient to avoid co-insurance. (c) Borrower shallComprehensive general liability insurance in amounts satisfactory to the Bondowners, as evidenced by Bondowner Consent, against claims and liabilities for injury or damage to persons or property occurring on, in or about the event of loss or damageProject and the adjoining streets, forthwith notify Lender sidewalks and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceedspassageways. (d) Borrower shall forthwith upon receipt Upon substantial completion of construction of the Project, business interruption and loss of “rental value” insurance proceeds endorse and deliver in an amount sufficient to cover 100% of the same to Lenderpotential gross income from the Project for a period of at least 12 months as projected by the Obligor with the approval of the Bondowners, as evidenced by Bondowner Consent. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise Borrower in the event such that all or any portion of the Project is located in a flood plain, flood insurance coverage in an amount acceptable to the Bondowners, as evidenced by Bondowner Consent. All policies of insurance shall be issued by companies satisfactory to the Bondowners, as evidenced by Bondowner Consent, and shall be in such form and contain such endorsements as the Bondowners, as evidenced by Bondowner Consent, shall require. All policies of insurance shall contain a lender’s loss payable endorsement for the benefit of the Trustee and a mortgagee clause approved by the Trustee and showing the Trustee as first mortgagee without contribution. The Obligor shall furnish the Trustee with copies of all policies of required insurance and satisfactory evidence of premium payments and renewals at least 30 days prior to the expiration of each such policy. All such policies shall contain a provision that the same will not comply with the requirements of this Agreementbe cancelled or modified without 30 days’ prior written notice to Trustee.

Insurance Required. (a) Borrower shall cause to be maintainedTenant will keep in force at its expense as long as this Lease remains in effect and during such other time as Tenant occupies the Premises or any part thereof, in full force and effect on all property of Borrower insurance in such amounts against such risks as is reasonably satisfactory to Lenderpublic liability insurance, including, but without limitation, product including contractual liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss with respect to the Premises with carriers Landlord has approved in transitwriting with minimum limits of One Million ($1,000,000.00) Dollars on account of bodily injuries to or death of one person, and hazard Three Million ($3,000,000.00) dollars on account of bodily injuries to or death of more than one person as the result of any one accident or disaster; property damage insurance andwith minimum limits of One Million Dollars ($1,000,000.00) and all risks perils insurance at replacement cost value on Tenant's personal property, if including inventory, trade fixtures, wall and floor coverings, furniture and other property removable by Tenant and leasehold improvements either existing within the Premises on the Commencement Date or installed by Tenant during the Term of this lease; provided, however, that Tenant's insuring of said leasehold improvements used by it shall in no way confer on Tenant any property rights to same except as of the date hereof, any of the leased real property of Borrower is otherwise provided in an area that has been identified by the Secretary of Housing and Urban Development this Lease. Tenant may self-insure for glass breakage. All policies shall name Landlord or its designee as having special flood or mudslide hazardsadditional named insured, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said contain a provision stating that such policy or policies shall: (i) Be in a form and with insurers which are satisfactory to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender as additional insured and loss payee as Lender’s interest may from time to time appear; (iv) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without modified except after thirty (30) days prior written notice to Lender; and Landlord. At least thirty (vi30) Upon demand, be delivered days prior to Lender. (b) Borrower shall obtain such additional insurance as Lender may reasonably require. (c) Borrower shall, in the event expiration of loss or damage, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds. (d) Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same to Lender. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy policies required hereunder, Tenant shall deliver to Landlord a premium xxxx marked paid for the full year subsequent to the year covered by the expiring policy. If the nature of Tenant's operation is such as to place any or (ii) advise Borrower all of its employees under the coverage of local worker's compensation or similar statutes, Tenant shall also keep in force, at its expense, so long as this Lease remains in effect and during such other times as Tenant occupies the event such Premises or any part thereof, worker's compensation or similar insurance affording statutory coverage and containing statutory limits. If Tenant shall not comply with its covenants made in this Article 19.00, Landlord may immediately cause insurance as aforesaid to be issued, and in such event Tenant agrees to pay, as Additional Rent, the requirements premium for such insurance upon Landlord's demand. It is understood and agreed to by Landlord that Tenant is insured and as such shall not be required to provide Landlord with policies of this Agreementinsurance. However, Tenant shall provide Landlord with evidence of Tenant's insurance.

Insurance Required. (a) Borrower shall cause to be maintained, in full force and effect on all property of Borrower insurance in such amounts against such risks as is reasonably satisfactory to Lender, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of the date hereof, any of the leased real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be be in a form and with insurers which are satisfactory to Lender; (ii) Be be for such risks, risks and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate designate Lender and its assignees, as additional insured and loss payee payees as Lender’s interest their interests may from time to time appear; (iv) Contain contain a “"breach of warranty clause” " whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide provide that they may not be canceled or materially altered without thirty ten (3010) days prior written notice to LenderLender and its assigns; and (vi) Upon upon demand, be delivered to Lender; (b) Borrower shall obtain, maintain and provide to Lender evidence of personal liability coverages in minimum amounts not less than $5,000,000 for each occurrence, $5,000,000 for injury or death of any person and $5,000,000 for property damage (provided, the foregoing required minimum amounts may be satisfied through appropriate umbrella policies), containing such endorsements as are common with like businesses, naming Lender and its assignees as additional insured and loss payees as their interests may from time to time appear, and providing it may not be canceled or materially altered without ten (10) days prior notice to Lender and its assigns; (c) Borrower shall obtain, maintain and provide to Lender evidence of worker's compensation insurance coverage satisfactory to Lender. (bd) Borrower shall obtain such additional insurance as Lender may reasonably require, which may include, without limitation, insurance covering vandalism and malicious mischief, sprinkler leakage, rent abatement and/or business loss. (ce) Borrower shall, in the event of loss or damage, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds.; and (df) Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same to Lender. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. (a) Borrower shall cause to be maintained, in full force and effect on all property of Borrower including, without limitation, all Inventory and Equipment, insurance in such amounts against such risks as is reasonably satisfactory to Lender, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of the date hereof, any of the leased real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be shall be in a form form, substance and with insurers which are satisfactory to Lender in all respects and Borrower will obtain non-contributory Lender's loss payable endorsements to all insurance policies in form and substance satisfactory to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender as additional insured and loss payee as Lender’s interest may from time to time appear; (iv) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without thirty (30) days prior written notice to Lender; and (vi) Upon demand, be delivered to Lender. (b) Borrower shall obtain such additional insurance as Lender may reasonably require.; (c) Borrower shall, in the event of loss or damage, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds.; (d) Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same to Lender.; and (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. (a) Borrower shall cause to be maintained, in full force and effect on all property of Borrower including, without limitation, all Inventory and Equipment, insurance in such amounts against such risks as is reasonably satisfactory to Lender, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of the date hereof, any of the leased real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be in a form and with insurers which are satisfactory to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender and its assignees as additional insured insureds and loss payee payees as Lender’s interest their interests may from time to time appear; (iv) Contain a “"breach of warranty clause” " whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without thirty (30) days prior written notice to LenderLender and its assigns; and (vi) Upon demand, be delivered to Lender. (b) Borrower shall obtain such additional insurance as Lender may reasonably require. (c) Borrower shall, in the event of loss or damage, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds. (d) Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same to Lender. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (iiiiii) advise Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. (a) Borrower shall cause to be maintained, in full force and effect on all property of Borrower Collateral, insurance in such amounts against such risks as is reasonably satisfactory to Lender, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of the date hereof, any of the leased real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be in a form and with insurers which are satisfactory to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender as additional insured and loss payee as Lender’s interest may from time to time appear; (iv) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without thirty (30) days prior written notice to Lender; and (vi) Upon demand, be delivered to Lender. (b) Borrower shall obtain such additional insurance as Lender may reasonably require. (c) Borrower shall, in the event of loss or damagedamage of any Collateral, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds. (d) Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same to Lender. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. (a) Borrower shall cause to be maintainedTenant will keep in force at its expense as long as this Lease remains in effect and during such other time as Tenant occupies the Premises or any part thereof, in full force and effect on all property of Borrower insurance in such amounts against such risks as is reasonably satisfactory to Lenderpublic liability insurance, including, but without limitation, product including contractual liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss with respect to the Premises with carriers Landlord has approved in transitwriting with minimum limits of One Million ($1,000,000.00) Dollars on account of bodily injuries to or death of one person, and hazard Five Million ($5,000,000.00) dollars on account of bodily injuries to or death of more than one person as the result of any one accident or disaster; property damage insurance andwith minimum limits of One Million Dollars ($1,000,000.00) and all risks perils insurance at replacement cost value on Tenant's personal property, if including inventory, trade fixtures, wall and floor coverings, furniture and other property removable by Tenant and leasehold improvements either existing within the Premises on the Commencement Date or installed by Tenant during the Term of this lease; provided, however, that Tenant's insuring of said leasehold improvements used by it shall in no way confer on Tenant any property rights to same except as of the date hereof, any of the leased real property of Borrower is otherwise provided in an area that has been identified by the Secretary of Housing and Urban Development this Lease. Tenant may self-insure for glass breakage. All policies shall name Landlord or its designee as having special flood or mudslide hazardsadditional named insured, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said contain a provision stating that such policy or policies shall: (i) Be in a form and with insurers which are satisfactory to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender as additional insured and loss payee as Lender’s interest may from time to time appear; (iv) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without modified except after thirty (30) days prior written notice to Lender; and Landlord. At least thirty (vi30) Upon demand, be delivered days prior to Lender. (b) Borrower shall obtain such additional insurance as Lender may reasonably require. (c) Borrower shall, in the event expiration of loss or damage, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds. (d) Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same to Lender. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy policies required hereunder, Tenant shall deliver to Landlord a premium xxxx marked paid for the full year subsequent to the year covered by the expiring policy. If the nature of Tenant's operation is such as to place any or (ii) advise Borrower all of its employees under the coverage of local worker's compensation or similar statutes, Tenant shall also keep in force, at its expense, so long as this Lease remains in effect and during such other times as Tenant occupies the event such Premises or any part thereof, worker's compensation or similar insurance affording statutory coverage and containing statutory limits. If Tenant shall not comply with its covenants made in this Article 19.00, Landlord may immediately cause insurance as aforesaid to be issued, and in such event Tenant agrees to pay, as Additional Rent, the requirements premium for such insurance upon Landlord's demand. It is understood and agreed to by Landlord that if Tenant is self-insured it shall not be required to provide Landlord with policies of this AgreementInsurance. However, Tenant shall provide Landlord with evidence of Tenant's self-insurance.

Insurance Required. (a) The Borrower shall cause to be maintained, in full force and effect on all property of the Borrower including without limitation, all inventory and equipment for all Obligations, insurance in such amounts against such risks as is reasonably satisfactory to the Lender, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of on the date hereof, Closing Date any of the leased real property of Borrower Mortgaged Property or location where Inventory is maintained is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be in a form and with insurers which are satisfactory to the Lender; (ii) Be for such risks, risks and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate the Lender and its assignees, as mortgagee and additional insured and loss payee payees as Lender’s interest their interests may from time to time appear; (iv) Contain a “"breach of warranty clause” " whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or materially altered without thirty ten (3010) days prior written notice to Lenderthe Lender and its assigns; and (vi) Upon demand, be delivered to the Lender.; (b) The Borrower shall obtain such additional insurance as Lender may reasonably require.; (c) The Borrower shall, shall in the event of loss or damage, forthwith notify the Lender and file proofs of loss with the appropriate insurer. The Borrower hereby authorizes the Lender to endorse any checks or drafts constituting insurance proceeds.; (d) The Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same to the Lender.; and (e) In no event shall the Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise the Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. (a) At all times throughout the Loan Term, including without limitation during any period of acquisition and construction of the Project, the Borrower shall shall, at its own expense, maintain or cause to be maintained, in full force and effect on all property of Borrower maintained insurance in such amounts against such risks and for such amounts as is reasonably satisfactory to Lenderare customarily insured against by businesses of like size and type paying, as the same become due and payable, all premiums in respect thereto, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of the date hereof, any of the leased real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shallnot necessarily limited to: (ia) Be Comprehensive general public liability insurance, fire and all risk coverage insurance insuring the Equipment, boiler and machinery insurance, if appropriate, including business interruption (including rental interruption), or use and occupancy coverage for a period of not less than one year and such other insurance, flood insurance, if the Land is located in a form and with insurers which are satisfactory to Lender; (ii) Be for such risksHUD-designated special flood hazard area, and for such insured values as Lender or its assigns the Board may reasonably require from time to time. All such insurance shall be obtained from such companies, in order such amounts (which shall be the amounts as required by this Agreement) and with such provisions as the Board may deem necessary or desirable to replace protect its interests and shall contain a waiver of subrogation clause, non-contributory standard mortgage clauses and 30-day notice to the property Board and the Trustee of cancellation or material change clause. During any period of construction, repair or restoration, such insurance shall be in builder's risk form, written on a non-reporting completed value basis. In the event of actual or constructive total loss; (iii) Designate Lender loss in excess of $50,000, the Borrower will give immediate notice by mail to the Board, and each insurance company concerned is hereby authorized and directed to make payment for such loss with respect to Security Property in excess of $50,000 directly to the Board and the Trustee as additional insured their interests appear instead of to the Borrower and loss payee the Board jointly, and except as Lender’s interest may from time to time appear; (iv) Contain a “breach of warranty clause” whereby be hereinafter provided, the insurer agrees that a breach application of the insuring conditions or proceeds of any negligence insurance award shall be governed by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without thirty (30) days prior written notice to Lender; and (vi) Upon demand, be delivered to LenderArticle VII hereunder. (b) Borrower shall obtain such additional insurance as Lender may reasonably require. (c) Borrower shallWorker's compensation insurance, in the event of loss or damagedisability benefits insurance, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds. (d) Borrower shall forthwith upon receipt each other form of insurance proceeds endorse and deliver which the same Borrower is required by law to Lenderprovide, covering loss resulting from injury, sickness, disability or death of employees of the Borrower who are located at or assigned to the Project. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. (a) Borrower Prior to the Commencement of Construction of the Redevelopment Project, the Redeveloper shall furnish or shall cause to be maintainedfurnished, to the Agency, in full force connection with the Redevelopment Project, evidence of commercial general liability insurance, insuring the Agency against losses, costs, liabilities, claims, causes of action and effect damages for bodily injury and property damage on portions of the Project Area being improved, or related to the construction thereon, in the amount of at least Three Million Dollars ($3,000,000.00) combined single limit coverage. Such insurance shall include blanket contractual liability coverage. All such policies shall be written to apply to all bodily injury, property of Borrower insurance in such amounts against such risks as is reasonably satisfactory to Lenderdamage, personal injury and other covered loss, including, but without limitationnot limited to, product liabilityclaims of subcontractors, business interruptionhowever occasioned, liabilityoccurring during the policy term, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transitshall be endorsed to add the Agency as an additional insured, and hazard to provide that such coverage shall be primary and that any insurance and, if as maintained by the Agency shall be excess insurance only. Such coverage shall be endorsed to waive the insurer's rights of subrogation against the Agency. The Redeveloper shall also furnish or cause to be furnished to the Agency evidence satisfactory to the Agency that the Redeveloper and any contractor with whom it has contracted for the construction of the date hereofRedevelopment Project carries workers' compensation insurance as required by law, any and an employer's liability insurance endorsement with customary limits, and shall be endorsed with a waiver of subrogation clause for the leased real property of Borrower Agency. All insurance policies required by this section shall be obtained from insurance companies licensed in the State and rated at least A- in Best's Insurance Guide or such lesser rated provider that is in an area that has been identified proposed by the Secretary Redeveloper and is reasonably acceptable to the Agency. The Redeveloper’s obligation to maintain insurance in this Section 9.02 shall terminate upon issuance of Housing and Urban Development as having special flood a Certificate of Completion with respect to the Redevelopment Project or mudslide hazards, and on which portion thereof. Redeveloper shall have the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be in a form and with insurers which are satisfactory right to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender as additional insured and loss payee as Lender’s interest may from time to time appear; (iv) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate satisfy the insurance as to Lender and its assignee; (v) Provide that they may not be canceled requirements set forth in this Section 9 with coverage provided by Redeveloper’s contractors or altered without thirty (30) days prior written notice to Lender; and (vi) Upon demand, be delivered to Lendersubcontractors. (b) Borrower shall obtain such additional insurance as Lender may reasonably require. (c) Borrower shall, in the event of loss or damage, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds. (d) Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same to Lender. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. (a) Borrower shall cause to be maintained, in full force and effect on all property of Borrower including, without limitation, all Inventory and Equipment, insurance in such amounts against such risks as is reasonably satisfactory to Lender, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of the date hereof, any of the leased real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be in a form and with insurers which are satisfactory to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender as additional insured and loss payee as Lender’s interest may from time to time appear; (iv) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without thirty (30) days prior written notice to Lender; and (vi) Upon demand, be delivered to Lender. (b) Borrower shall obtain such additional insurance as Lender may reasonably require. (c) Borrower shall, in the event of loss or damage, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceedsProceeds. (d) Borrower shall forthwith upon receipt of insurance proceeds Proceeds endorse and deliver the same to Lender. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. (a) Borrower shall cause to be maintained, in full force and effect on all property of Borrower including, without limitation, all Inventory and Equipment, insurance in such amounts against such risks as is reasonably satisfactory to LenderLender in its sole and absolute discretion, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of the date hereof, any of the leased real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be in a form and with insurers which are satisfactory to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender as additional insured and lender loss payee as Lender’s interest may from time to time appear; (iv) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without thirty (30) days prior written notice to Lender; and (vi) Upon demand, be delivered to Lender. (b) Borrower shall cause to be maintained, in full force and effect, directors and officers insurance and errors and omissions insurance, in each case, in form and substance satisfactory to Lender and with a coverage limitation satisfactory to Lender. (c) Borrower shall obtain such additional insurance as Lender may reasonably require. (cd) Borrower shall, in the event of loss or damagedamage of any Collateral, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds. (de) Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same to Lender. (ef) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. (a) Borrower shall cause to be maintained, in full force and effect on all property of Borrower including, without limitation, all Inventory and Equipment, insurance in such amounts against such risks as is reasonably satisfactory to LenderLender in its sole and absolute discretion, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of the date hereof, any of the leased real property of Borrower Xxxxxxxx is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be in a form and with insurers which are satisfactory to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender as additional insured and lender loss payee as LenderXxxxxx’s interest may from time to time appear; (iv) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without thirty (30) days prior written notice to LenderXxxxxx; and (vi) Upon demand, be delivered to Lender. (b) Borrower shall cause to be maintained, in full force and effect, directors and officers insurance and errors and omissions insurance, in each case, in form and substance satisfactory to Lender and with a coverage limitation satisfactory to Lender. (c) Borrower shall obtain such additional insurance as Lender may reasonably require. (cd) Borrower shall, in the event of loss or damagedamage of any Collateral, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender Xxxxxx to endorse any checks or drafts constituting insurance proceeds. (de) Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same to Lender. (ef) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. (a) The Borrower shall cause to be maintained, in full force and effect on all property of Borrower the Borrower, insurance in such amounts against such risks as is reasonably satisfactory to the Lender, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of the date hereof, any of the leased real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be in a form and with insurers which are reasonably satisfactory to the Lender, in its commercially reasonable judgment; (ii) Be for such risks, risks and for such insured values as the Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total lossloss and is reasonably acceptable to the Lender; (iii) Designate the Lender and its assignees, as an additional insured and loss payee as Lender’s interest their interests may from time to time appear; (iv) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without thirty ten (3010) days prior written notice to Lenderthe Lender and its assigns; and (viv) Upon demand, be delivered to the Lender.; (b) The Borrower shall obtain such additional insurance as the Lender may reasonably require.require in its commercial judgment; (c) The Borrower shall, shall in the event of loss or damage, forthwith notify the Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds.; (d) On each anniversary date of the issuance of any such insurance policies, the Borrower shall forthwith upon receipt provide the Lender with evidence, in form and substance reasonably acceptable to the Lender, that such insurance policies remain in full force and effect, in such amounts and under such terms as in existence as of insurance proceeds endorse and deliver the same Closing Date (except as may be agreed to by the Lender.); and (e) In no event shall the Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise the Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. The RENTER shall have ALL RISK liability insurance of $1 million per occurrence for event liability and $350,000 for loss of event property, equipment, services and labor (PSL), subrogated to AEG. ALL RISK shall mean insurance covering any liability that may occur at RENTER’s EVENT, to RENTER’s PARTICIPANTS or on RENTER’s EVENT SITE, including coverage for any cost, repair or replacement of AEG PSL damaged, lost, stolen or otherwise used without all costs being covered. This insurance is to cover any reimbursement wanted by RENTER should RENTER cancel their event contract for any reason, including weather, disease or lack of attendance. Such insurance often be obtained through a homeowner or general liability carrier. If not available, RENTER shall become an additional insured (“ADDINS”) on AEG’s CGLI and MRSCP by paying the current ADDINS fee. If all risks coverage for PSL is not available, RENTER shall purchase the CDW WAIVER and be responsible for all deductibles and non-covered amounts. Unless RENTER is an additional insured, AEG’s insurance shall not be available to RENTER and will not protect RENTER or its PARTICIPANTS if a liability occurs. In all instances, the RENTER or PARTICIPANT, not AEG, pays the first $5000 of all claims. If RENTER has not purchased the CDW WAIVER, RENTER shall solely be responsible for replacement or repair costs of all loss as determined by AEG the cost of which shall not exceed 12-X DAYRATE. The PARTIES agree no cost under 12-X DAYRATE shall be challengeable or reviewable. ALL RISKS DEFINED. The definition of ALL RISKS as provided in POLICY-DEFINITIONS shall apply to POLICY-INSURANCE and at a minimum shall include, as follows: ALL RISKS insurance shall automatically cover any risk to AEG that the contract does not expressly omit, including ACTS OF GOD, weather, disease, governmental or Court action and terrorism and it shall cover any reimbursement wanted by RENTER should RENTER cancel their event for any reason. In the case of liability insurance, RENTER shall have $1+ million insurance protecting AEG against any claim directly or indirectly resulting from the EO and AEG’s participation in it. In the case of property loss, RENTER shall have $350 thousand in insurance protecting AEG against any loss of asset or income resulting directly or indirectly from the EO, AEG’s participation in it, RENTER’s participation in it and any loss or damage whatsoever to PSL. This shall include but not be limited to: (a) Borrower shall cause full replacement cost including new purchase price, shipping, stocking labor and sales taxes of or on any item lost, stolen or damaged beyond repair to be maintained, in full force and effect on all property the same equipment grade as rented with no consideration of Borrower insurance in such amounts against such risks depreciation as is reasonably satisfactory to Lender, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of the date hereof, any of the leased real property of Borrower is in an area that has been identified determined by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be in a form and with insurers which are satisfactory to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender as additional insured and loss payee as Lender’s interest may from time to time appear; (iv) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without thirty (30) days prior written notice to LenderAEG; and (vi) Upon demand, be delivered to Lender. (b) Borrower shall obtain any loss of any expected income from the loss of any such additional item as determine by AEG through the date of insurance as Lender may reasonably require. payment and (c) Borrower shallpayment for any loss of OFFSETS, credits or adjustments given should RENTER be issued a notice of default as given in the event agreement. SELF-INSURANCE. Self-insurance shall not be allowed except in conformance with all local, state and federal law and when all terms and conditions of loss or damagethis EO are fully met and only upon CONSENT. ADDINS. The RENTER and the ESITE may become an additional insured on AEG's liability insurance (“ADDINS”) by paying the listing fees and any deductibles required. At present fees are $40 for up to 2 parties to be listed (at the same time). RENTER's and PARTICIPANT's applicable insurance, forthwith notify Lender medical plans and file proofs cost reductions shall be subrogated to and applied before AEG's insurance. When wanted, the ADDINS request must be made through your account manager at least 5 days before ESTART. AEG INSURANCE AND MRSCP. AEG currently maintains CGLI (Commercial General Liability Insurance) of loss $1 million each occurrence and $2 million general aggregate with the appropriate insurerRENTER paying the first $5,000 (not AEG). Borrower hereby authorizes Lender Individual medical expense payments are capped at $5,000. AEG’s verification of CGLI insurance is online at: xxxx://xxx.xxxxxxxxx.xxx/INFO/POLICY/POLICY-INSURANCE/CERT/CGLI.pdf. MECHANICAL RIDES are motor driven conveyances such as carnival rides, Xxxxxx wheels, carrousels, mechanical bulls, tracked and trackless trains and people movers. Devices that are simply motorized blower inflated or not a continually motor driven conveyance, such as bounce houses, inflatables, rockwalls and euro-bungees are typically not considered MECHANICAL RIDES. MECHANICAL RIDES are not provided by AEG and the PARTIES agree AEG’s recommendation of affiliated or other MECHANICAL RIDE providers is as a courtesy only and shall in no way assign or transfer liability to endorse AEG should any checks or drafts constituting occur. In all cases the RENTER will maintain the insurance proceeds. coverages required by the ride provider and pay any costs, deductibles and fees required. AEG provides a $5000 MRSCP (dmechanical ride supplemental-self coverage plan) Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same in all cases AEG’ liability is limited to Lender. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise Borrower in the event such insurance coverage shall not comply that amount with the requirements of this AgreementRENTER responsible for the first $5,000 and any overages. WORKMEN'S COMPENSATION INSURANCE. Workers employed by AEG are covered by Workmen's Compensation at the State required levels or greater, should any jobsite injury occur. This helps protects AEG, ESITE owners, and RENTERs from claims should a workplace accident or injury occur. WORKMEN'S COMPENSATION INSURANCE is regulated by state law and cannot be subrogated or a non-employer added as an additional insured. CERTIFICATE verification is online at: xxxx://xxx.xxxxxxxxx.xxx/INFO/POLICY/POLICY-INSURANCE/CERT/CGLI.pdf. ASSISTED CERTIFICATE: Your account manager can email you AEG's current WC policy but a $25 documentation fee applies.

Insurance Required. (a) Borrower shall cause to be maintained, in full force and effect on all property of Borrower including, without limitation, all Inventory and Equipment, insurance in such amounts against such risks as is reasonably satisfactory to Lender, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of the date hereof, any of the leased real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be in a form and with insurers which are satisfactory to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender as additional insured and loss payee as Lender’s interest may from time to time appear; (iv) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without thirty (30) days prior written notice to Lender; and (vi) Upon demand, be delivered to Lender. (b) Borrower shall obtain such additional insurance as Lender may reasonably require. (c) Borrower shall, in the event of loss or damage, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds. (d) Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same to Lender. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. (a) Borrower shall cause to be maintained, in full force and effect on all property of Borrower including, without limitation, all Inventory and Equipment, insurance in such amounts against such risks as is reasonably satisfactory to Lender, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of the date hereof, any of the leased real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be in a form and with insurers which are satisfactory to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender as additional insured and loss payee as Lender’s interest interests may from time to time appear; (iv) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without thirty (30) days prior written notice to LenderLender and its assigns; and (vi) Upon demand, be delivered to Lender. (b) Borrower shall obtain such additional insurance as Lender may reasonably require. (c) Borrower shall, in the event of loss or damage, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds. (d) Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same to Lender. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (iiiiii) advise Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. (a) Borrower shall cause to be maintained, in full force and effect on all property of Borrower including, without limitation, all Inventory and Equipment, insurance in such amounts against such risks as is reasonably satisfactory to Lender, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, director’s and officer’s insurance in an amount no less than the maximum Revolving Loan Commitment of $3,000,000, hazard insurance and, if as of the date hereof, any of the leased real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be in a form and with insurers which are satisfactory to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender as additional insured and loss payee as Lender’s interest may from time to time appear; (iv) Contain a clause whereby the Lender and any assignee of Lender has the right to receive loss payment even if the Lender or its assignee has started foreclosure or similar action on property covered by the insurance; (v) Contain a clause whereby if the insurer denies a claim by Borrower because of Borrower’s acts or because Borrower failed to comply with any of the terms of the insurance coverage, the Lender and any assignee of Lender will nonetheless have the right to receive loss payment if the Lender or its assignee: (A) Pays any premium due under the insurance at the insurer’s request if Borrower has failed to do so; and (B) Submits a signed, sworn proof of loss within 60 days after receiving notice from the insurer of Borrower’s failure to do so. (vi) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (vvii) Provide that they may not be canceled or altered without thirty (30) days prior written notice to Lender; and (viviii) Upon demand, be delivered to Lender. (b) Borrower shall obtain such additional insurance as Lender may reasonably require. (c) Borrower shall, in the event of loss or damage, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds. (d) Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same to Lender. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (iiiii) advise Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. (a) Borrower shall cause to be maintained, in full force and effect on all property of Borrower including, without limitation, all Inventory and Equipment, insurance in such amounts against such risks as is reasonably satisfactory to Lender, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of the date hereof, any of the leased real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be in a form and with insurers which are satisfactory to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender as additional insured and loss payee as Lender’s interest may from time to time appear; (iv) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without thirty (30) days prior written notice to Lender; and (vi) Upon demand, be delivered to Lender. (b) Borrower shall obtain such additional insurance as Lender may reasonably require. (c) Borrower shall, in the event of loss or damage, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds. (d) Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same to Lender. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. (a) Borrower shall cause to be maintained, in full force and effect on all property of Borrower including, without limitation, all Inventory and Equipment, insurance in such amounts against such risks as is reasonably satisfactory to Lender, including, but without limitation, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of the date hereof, any of the leased real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (i) Be in a form and with insurers which are satisfactory to Lender; (ii) Be for such risks, and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total loss; (iii) Designate Lender and its assignees as additional insured insureds and loss payee payees as Lender’s interest their interests may from time to time appear; (iv) Contain a “"breach of warranty clause” " whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and its assignee; (v) Provide that they may not be canceled or altered without thirty (30) days prior written notice to LenderLender and its assigns; and (vi) Upon demand, be delivered to Lender. (b) Borrower shall obtain such additional insurance as Lender may reasonably require. (c) Borrower shall, in the event of loss or damage, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds. (d) Borrower shall forthwith upon receipt of insurance proceeds endorse and deliver the same to Lender. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (iiiiii) advise Borrower in the event such insurance coverage shall not comply with the requirements of this Agreement.

Insurance Required. (a) Borrower At all times throughout the term of the Bonds, including without limitation, during any period of construction, reconstruction or substantial renovation of the Project, the Institution shall maintain insurance, or cause there to be maintainedmaintained insurance, if applicable, with insurance companies licensed to do business in the State, against such risks, loss, damage and liability (including liability to third parties) and for such amounts as are customarily insured against by other enterprises of like size and type as the Institution and as required by the Purchaser and/or the Issuer. In addition to this general requirement, such insurance shall, for purposes of subsections (b) through (g) of this Section, include, without limitation, insurance coverage described in paragraphs (i) through (ix) below (hereinafter, “Specific Coverage”): (i) (A) insurance against loss or damage by fire, lightening and other casualties customarily insured against by similar businesses in the area, using a special property form or equivalent form, for the Mortgaged Property, which policy shall be sufficient for the insurer to provide coverage for 100% of the replacement cost of the improvements to the Mortgaged Property or the amount of the Bonds, whichever is greater, with fire, extended coverage, vandalism, terrorism and malicious mischief insurance coverage and such other extended coverage as may be required by the Purchaser and Issuer, including coverage against risks of loss customarily covered by an “All Risk” or “Special Perils Form” policies, in full force an amount to be determined by the Purchaser and effect on all Issuer and an appraiser designated by the Purchaser and Issuer (with an “Agreed Amount” endorsement), and which policy shall name the Purchaser and Issuer and its successors and/or assigns, as their interests may appear, as first mortgagee pursuant to a standard New York mortgagee clause, as well as additional insured and lenders loss payable, and shall be renewable thereafter for one (1) year terms; (B) fire and casualty insurance for the business personal property of Borrower insurance Institution having a term of at least one (1) year (with an expiration date of at least four (4) months from the date hereof), which policy shall name the Purchaser and Issuer and its successors and/or assigns, as their interests may appear, as lenders loss payable, and shall be renewable thereafter for one (1) year terms; and (C) during any period of construction, reconstruction or substantial renovation of the Mortgaged Property and the Facility, such policy with respect to such Mortgaged Property and the Facility shall be written in such amounts against such risks the so- called “Builder’s Risk Completed Value Non-Reporting Form,” in an amount to be reasonably determined by the Purchaser, as is the full replacement value of improvements (unless the Purchaser receives evidence reasonably satisfactory to Lenderthe Purchaser from the Institution’s insurer that the property insurance required herein extends to losses caused by the proposed construction activities at the Mortgaged Property and the Facility), includingincluding coverage therein for “completion and/or premises occupancy” and coverage for property damage insurance, all of which insurance shall include coverage for removal of debris, insuring the buildings, structures, facilities, fixtures and other property constituting a part of the Project against loss or damage to the Project by all risk of physical loss at all times in an amount such that the proceeds of such insurance shall be sufficient to prevent the Issuer, the Institution or the Purchaser from becoming a co- insurer of any loss under the insurance policies but without limitationin any event in amounts equal to the greater of (x) 110% of the actual replacement value of the Project as determined by a qualified insurance appraiser or insurer (selected by the Institution) not less often than once every three years, product liability, business interruption, liability, casualty, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transitat the expense of the Institution, and hazard insurance and, if as (y) the principal amount of the date hereof, Bonds outstanding; any such insurance may provide that the insurer is not liable to the extent of the leased real first $10,000 with the result that the Institution is its own insurer to the extent of $10,000 of such risks with the Purchaser and Issuer named as loss payee under a mortgage endorsement; (ii) Boiler and machine property damage insurance in respect of Borrower is any steam and pressure boilers and similar apparatus located on the Facility Realty from risks normally insured against under boiler and machinery policies and in amounts and with deductibles customarily obtained for similar business enterprises but in any event in an area that has been identified amount not less than $1,000,000; (iii) To the extent the Facility may be located in a flood zone, or if otherwise required by federal law, flood certification or flood insurance, to the Secretary extent not covered by property damage insurance, in an amount equal to the greater of Housing and Urban Development as having special flood the full replacement cost or mudslide hazards, and on which the sale of flood insurance has been made maximum amount then available under the National Flood Insurance Act of 19681973, then Borrower as amended, and name the Purchaser and its successors and assigns, as their interests may appear, as first mortgagee; (iv) Business Interruption Insurance in an amount equal to one (1) year's loss of gross earnings, rental value and the extra expense that could result from the cessation of the business conducted by the Institution at the Mortgaged Property or rent insurance against one (1) year's loss of gross rental income (whichever of the two types of insurance is applicable) arising out of damage or destruction by reason of the risks described above in subsections (i) and (ii) above; (v) Commercial General Liability Insurance protecting the Institution, the Purchaser and the Issuer against loss or losses from liabilities imposed by law or assumed in any written contract and arising from personal injury and death or damage to the Property of others caused by any accident or occurrence, with limits of not less than $1,000,000 per accident or occurrence ($2,000,000 aggregate) on account of personal injury including death resulting therefrom, and $1,000,000 per accident or occurrence ($2,000,000 aggregate) per accident or occurrence on account of damage to the property of others, excluding liability imposed upon the Institution by any applicable worker's compensation law; (vi) If the Institution owns, leases or uses motor vehicles, Automobile Liability including coverage on owned, hired and non-owned automobiles and other vehicles, if used in connection with the performance of the work with bodily injury and property damage limits of not less than $1,000,000 per occurrence combined single limit, with a waiver of subrogation against the Issuer and the Purchaser as additional insured; (vii) Workers' Compensation and Employer's Liability insurance, disability benefits insurance, and each other form of insurance which the Issuer or the Institution is required by law to provide, covering loss resulting from injury, sickness, disability or death of employees of the Institution who are located at or assigned to the Mortgaged Property and the Facility. The policy limit under the Employer's Liability insurance shall maintain flood not be less than $1,000,000; (viii) Umbrella/Excess Liability in excess of Commercial General Liability, Automobile Liability and Employer's Liability coverages which is at least as broad as these underlying policies with a limit of liability of $10,000,000; and (ix) Such other insurance, including revision of the insurance requirements set forth above, in such amounts and against such insurable hazards as the Purchaser from time to time may reasonably require. (b) All insurance required by this Section shall be procured and maintained with financially sound and generally recognized responsible insurance companies selected by the entity required to procure the same and authorized to write such insurance in the State, having an A. M. Best rating of “A” or better and reasonably acceptable to the Purchaser and the Issuer. Said policy or Such insurance may be written with deductible amounts comparable to those on similar policies carried by other companies engaged in businesses similar in size, character and other respects to those in which the Institution is engaged. All policies evidencing insurance coverages required hereunder shall designate (except in the case of worker’s compensation insurance) the Issuer, the Institution and the Purchaser as insured as their respective interests may appear. All insurance required hereunder shall be in form, content and coverage satisfactory to the Issuer and the Purchaser and shall not contain any coinsurance provisions nor blanket coverage with existing policies, except such co-insurance provisions and blanket coverage as is reasonably acceptable to the Purchaser. (c) Each of the policies evidencing the Specific Coverage required above to be obtained shall: (i) Be in a form designate the Issuer and with insurers which are satisfactory to Lenderthe Purchaser as an additional insured; (ii) Be for such risksprovide that all insurance proceeds with respect to loss or damage to the Mortgaged Property be endorsed and made payable to the Issuer and the Purchaser and shall name the Issuer and the Purchaser as a lenders loss payable and as a mortgagee under the terms of a standard mortgagee clause, which insurance proceeds shall be paid over to the Issuer and for such insured values as Lender or its assigns may reasonably require in order to replace the property in the event of actual or constructive total lossPurchaser; (iii) Designate Lender as provide that there shall be no recourse against the Issuer and the Purchaser for the payment of premiums or commissions or (if such policies or binders provide for the payment thereof) additional insured and loss payee as Lender’s interest may from time to time appearpremiums or assessments; (iv) Contain a “breach of warranty clause” whereby the insurer agrees provide that a breach in respect of the insuring conditions interest of the Issuer and the Purchaser in such policies, the insurance shall not be invalidated by any action or any negligence by Borrower inaction of the Institution or any other person Person and shall not invalidate insure the insurance as to Lender Issuer and its assigneethe Purchaser regardless of, and any losses shall be payable notwithstanding, any such action or inaction; (v) Provide provide that they may such insurance shall be primary insurance without any right of contribution from any other insurance carried by the Issuer and the Purchaser to the extent that such other insurance provides the Issuer and the Purchaser with contingent and/or excess liability insurance with respect to its interest in the Property; (vi) provide that if the insurers cancel such insurance for any reason whatsoever, including the insured’s failure to pay any accrued premium, or the same is allowed to lapse or expire, or there be any reduction in amount, or any material change is made in the coverage, such cancellation, lapse, expiration, reduction or change shall not be canceled or altered without effective as to the Issuer and the Purchaser until at least thirty (30) days, or ten (10) days prior due to nonpayment of premium, after receipt by the Issuer and the Purchaser of written notice by such insurers of such cancellation, lapse, expiration, reduction or change; provided that property insurance limits must be in at least the principal amount of the Bonds outstanding regardless of deductible amounts; (vii) waive any right of subrogation of the insurers thereunder against any Person insured under such policy, and waive any right of the insurers to Lenderany setoff or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any Person insured under such policy; and (viviii) Upon demand, be delivered contain such other terms and provisions as any owner or operator of facilities similar to Lender. (b) Borrower shall obtain such additional insurance as Lender may reasonably require. (c) Borrower shallthe Property would, in the event prudent management of loss its properties, require to be contained in policies or damage, forthwith notify Lender and file proofs of loss interim insurance contracts with respect to facilities similar to the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks Property owned or drafts constituting insurance proceedsoperated by it. (d) Borrower The Net Proceeds of any insurance shall forthwith upon receipt of insurance proceeds endorse and deliver the same to Lenderbe applied as set forth in this Bond Purchase Agreement. (e) In no event The Institution shall Lender deliver or cause to be required either delivered to the Issuer and the Purchaser the following documents evidencing compliance with the Specific Coverage requirements of this Section: (i) ascertain on or prior to the existence Closing Date: (A) a broker’s XXXXX form certificate of or examine any insurance policy or (ii) advise Borrower coverage confirming that the Institution, as of the Closing Date, has obtained Specific Coverage in the event such insurance coverage shall not comply accordance with the requirements of this Section, and (B) evidence of property insurance and certificates or other evidence of other required insurance and, (ii) copies of policies of fire and extended coverage insurance covering the Mortgaged Property and the Facility (and also covering all equipment, fixtures and other articles of personal property affixed to, installed at or used in connection with the operation of the Mortgaged Property and the Facility) in an amount, after application of any deductibles acceptable to the Purchaser, of not less than one hundred (100%) percent of the full replacement value of the insured property (both real and personal, including fixtures and equipment) with premiums fully paid one (1) year in advance, with appropriate endorsements showing the interest of the Purchaser as first mortgagee without contribution and with lenders loss payable to the Purchaser under a standard New York mortgagee endorsement. At least seven (7) Business Days prior to the expiration of any such policy, the Institution shall furnish the Issuer and the Purchaser with evidence that such policy has been renewed or replaced or is no longer required by this Bond Purchase Agreement. Such policies shall be in the New York standard form of property insurance policy and shall provide coverage against such other risks as the Purchaser may require. Proof of insurance may also be in the form of an XXXXX 27 and/or XXXXX 28 evidence of insurance form. (f) The Institution shall deliver to the Issuer and the Purchaser, on or before the first Business Day in January of each calendar year thereafter a certificate dated not earlier than the immediately preceding December 1st, reciting that there is in full force and effect, with a term covering at least the next succeeding twelve (12) months, insurance in the amounts and of the types required by this Section. At least ten (10) days prior to the expiration of any such policy, the Institution shall furnish to the Issuer and the Purchaser, evidence that the policy has been renewed or replaced or is no longer required by this Bond Purchase Agreement. At least once every two Fiscal Years, at Purchaser’s request the Institution agrees to deliver a certificate of an independent insurance consultant to the Issuer and the Purchaser which indicates that the insurance then maintained by the Institution meets the requirements of this Section of the Loan Agreement. (g) The Institution shall, at its own cost and expense, make all proofs of loss and take all other steps necessary or reasonably requested by the Issuer and the Purchaser to collect from insurers for any loss covered by any insurance required to be obtained by this Section. The Institution shall not do any act, or suffer or permit any act to be done, whereby any Specific Coverage required by this Section would or might be suspended or impaired. THE PARTIES HERETO ACKNOWLEDGE THAT NEITHER THE ISSUER, NOR THE PURCHASER DOES IN ANY WAY REPRESENT THAT THE INSURANCE SPECIFIED HEREIN, WHETHER IN SCOPE OF COVERAGE OR LIMITS OF COVERAGE, IS ADEQUATE OR SUFFICIENT FOR THE PURPOSES CONTEMPLATED HEREUNDER OR TO PROTECT THE OPERATION OF THE MORTGAGED PROPERTY OR THE FACILITY OR THE BUSINESS, OPERATIONS OR FINANCIAL CONDITION OF THE INSTITUTION.