Common use of Insurance Requirements Clause in Contracts

Insurance Requirements. The Contractor assumes all risks incident to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Order.

Insurance Requirements. The Contractor assumes Consultant shall provide, with each original of this signed Agreement, an insurance certificate or certificates issued by companies acceptable to the Owner. The Consultant shall submit insurance certificates to the Owner at the commencement of this Agreement and at policy renewal or revision dates. The certificates shall identify the project name and project number, and shall name the Owner as certificate holder. The submitted forms shall contain a provision that coverage afforded under the insurance policies will not be canceled or materially changed unless at least ten days prior written notice by registered letter has been given to the Owner. The Owner does not warrant or represent that the insurance required herein constitutes an insurance portfolio which adequately addresses all risks incident faced by the Consultant. The Consultant is responsible for the existence, extent and adequacy of insurance prior to signing this Agreement. The Consultant shall procure and maintain primary insurance for the duration of the project and, if written on a Claims-Made basis, shall also procure and maintain Extended Reporting Period (ERP) insurance for the period of time that any claims could be brought (see Maine Limitation of Actions statute (14 M.R.S. §752-A)). The Consultant shall ensure that all Subconsultants they engage or employ will procure and maintain similar insurance in connection form and amount acceptable to the Owner. At a minimum, the insurance shall be of the types and limits set forth herein protecting the Consultant from claims which may result from the Consultant’s execution of the Work, whether such execution be by the Consultant or by those employed by the Consultant or by those for whose acts they may be liable. All required insurance coverages shall be placed with its purpose carriers authorized to be conducted herein under conduct business in the State of Maine by the Maine Bureau of Insurance. The Consultant shall have Workers' Compensation insurance for all employees on the project site in accordance with the statutory workers’ compensation law of the State of Maine. Minimum acceptable limits for Employer’s Liability are: Bodily Injury by Accident $500,000 Bodily Injury by Disease $500,000 Each Employee Bodily Injury by Disease $500,000 Policy Limit The Consultant shall have Commercial General Liability insurance providing coverage for bodily injury and property damage liability for all hazards of the project including premise and operations, products and completed operations, contractual, and personal injury liabilities. Minimum acceptable limits are: General aggregate limit $2,000,000 Products and completed operations aggregate $1,000,000 Each occurrence limit $1,000,000 Personal injury aggregate $1,000,000 The Consultant shall indemnifyhave Automobile Liability insurance against claims for bodily injury, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons death or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or damage resulting from the carelessnessmaintenance, negligence ownership or improper conduct use of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-ownedowned and hired automobiles, leased, hired trucks and trailers. The minimum acceptable limit is: Any one accident or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability loss $1,000,000 The Consultant shall have Professional Liability insurance against claims arising out of all negligent acts, errors, or omissions of the Consultant in rendering or failing to render professional services related to the project. Minimum acceptable limits are: Each Occurrence claim $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) Aggregate limit $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Order.2,000,000

Insurance Requirements. The Contractor assumes Consultant shall provide, with each original of this signed Agreement, an insurance certificate or certificates issued by companies acceptable to the Owner. The Consultant shall submit insurance certificates to the Owner at the commencement of this Agreement and at policy renewal or revision dates. The certificates shall identify the project name and project number, and shall name the Owner as certificate holder. The submitted forms shall contain a provision that coverage afforded under the insurance policies will not be canceled or materially changed unless at least ten days prior written notice by registered letter has been given to the Owner. The Owner does not warrant or represent that the insurance required herein constitutes an insurance portfolio which adequately addresses all risks incident faced by the Consultant. The Consultant is responsible for the existence, extent and adequacy of insurance prior to signing this Agreement. The Consultant shall procure and maintain primary insurance for the duration of the Project and, if written on a Claims-Made basis, shall also procure and maintain Extended Reporting Period (ERP) insurance for the period of time that any claims could be brought (see Maine Limitation of Actions statute (14 M.R.S. §752-A)). The Consultant shall ensure that all Subconsultants they engage or employ will procure and maintain similar insurance in connection form and amount acceptable to the Owner. At a minimum, the insurance shall be of the types and limits set forth herein protecting the Consultant from claims which may result from the Consultant’s execution of the Work, whether such execution be by the Consultant or by those employed by the Consultant or by those for whose acts they may be liable. All required insurance coverages shall be placed with its purpose carriers authorized to be conducted herein under conduct business in the State of Maine by the Maine Bureau of Insurance. The Consultant shall have Workers' Compensation insurance for all employees on the Project site in accordance with the statutory workers’ compensation law of the State of Maine. Minimum acceptable limits for Employer’s Liability are: Bodily Injury by Accident $500,000 Bodily Injury by Disease $500,000 Each Employee Bodily Injury by Disease $500,000 Policy Limit The Consultant shall have Commercial General Liability insurance providing coverage for bodily injury and property damage liability for all hazards of the Project including premise and operations, products and completed operations, contractual, and personal injury liabilities. Minimum acceptable limits are: General aggregate limit $2,000,000 Products and completed operations aggregate $1,000,000 Each occurrence limit $1,000,000 Personal injury aggregate $1,000,000 The Consultant shall indemnifyhave Automobile Liability insurance against claims for bodily injury, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons death or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or damage resulting from the carelessnessmaintenance, negligence ownership or improper conduct use of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-ownedowned and hired automobiles, leased, hired trucks and trailers. The minimum acceptable limit is: Any one accident or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability loss $1,000,000 The Consultant shall have Professional Liability insurance against claims arising out of all negligent acts, errors or omissions of the Consultant in rendering or failing to render professional services related to the Project. Minimum acceptable limits are: Each Occurrence claim $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) Aggregate limit $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Order.2,000,000

Insurance Requirements. The Contractor assumes Consultant shall provide, with each original of this signed Agreement, an insurance certificate or certificates issued by companies acceptable to the Owner. The Consultant shall submit insurance certificates to the Owner at the commencement of this Agreement and at policy renewal or revision dates. The certificates shall identify the project name and project number, and shall name the Owner as certificate holder. The submitted forms shall contain a provision that coverage afforded under the insurance policies will not be canceled or materially changed unless at least ten days prior written notice by registered letter has been given to the Owner. The Owner does not warrant or represent that the insurance required herein constitutes an insurance portfolio which adequately addresses all risks incident faced by the Consultant. The Consultant is responsible for the existence, extent, and adequacy of insurance prior to signing this Agreement. The Consultant shall procure and maintain primary insurance for the duration of the project and, if written on a Claims-Made basis, shall also procure and maintain Extended Reporting Period (ERP) insurance for the period of time that any claims could be brought (see Maine Limitation of Actions statute (14 M.R.S. §752-A)). The Consultant shall ensure that all Subconsultants they engage or employ will procure and maintain similar insurance in connection form and amount acceptable to the Owner. At a minimum, the insurance shall be of the types and limits set forth herein protecting the Consultant from claims which may result from the Consultant’s execution of the Work, whether such execution be by the Consultant or by those employed by the Consultant or by those for whose acts they may be liable. All required insurance coverages shall be placed with its purpose carriers authorized to be conducted herein under conduct business in the State of Maine by the Maine Bureau of Insurance. The Consultant shall have Workers' Compensation insurance for all employees on the project site in accordance with the statutory workers’ compensation law of the State of Maine. Minimum acceptable limits for Employer’s Liability are: Bodily Injury by Accident $500,000 Bodily Injury by Disease $500,000 Each Employee Bodily Injury by Disease $500,000 Policy Limit The Consultant shall have Commercial General Liability insurance providing coverage for bodily injury and property damage liability for all hazards of the project including premise and operations, products and completed operations, contractual, and personal injury liabilities. Minimum acceptable limits are: General aggregate limit $2,000,000 Products and completed operations aggregate $1,000,000 Each occurrence limit $1,000,000 Personal injury aggregate $1,000,000 The Consultant shall indemnifyhave Automobile Liability insurance against claims for bodily injury, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons death or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or damage resulting from the carelessnessmaintenance, negligence ownership, or improper conduct use of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-ownedowned and hired automobiles, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicabletrucks, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability trailers. The minimum acceptable limit is: Any one accident or loss $1,000,000 The Consultant shall have Professional Liability insurance against claims arising out of all negligent acts, errors, or omissions of the Consultant in rendering or failing to render professional services related to the project. Minimum acceptable limits are: Each Occurrence claim $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) Aggregate limit $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Order.2,000,000

Insurance Requirements. 1. The Contractor assumes Consultant shall maintain at its expense during the term of this Agreement, the following insurance: A. Worker's Compensation insurance relative to all risks incident Personnel engaged in performing services pursuant to this Agreement, with coverage not less than that required by applicable law. B. Comprehensive General Liability insurance with maximum bodily injury limits of $1,000,000 (One Million Dollars) each occurrence and/or aggregate and minimum Property Damage limits of $1,000,000 (One Million Dollars) each occurrence and/or aggregate. C. Automotive Liability insurance covering all owned, hired, and non-owned vehicles with Personal Protection insurance to comply with the provisions of the Michigan No Fault Insurance Law including Residual Liability insurance with minimum bodily injury limits of $1,000,000 (One Million Dollars) each occurrence and/or aggregate minimum property damage limits of $1,000,000 (One Million Dollars) each occurrence and/or aggregate. D. The Consultant shall provide proof of Professional Liability coverage in the amount of not less than $1,000,000 (One Million Dollars) per occurrence and/or aggregate, and Environmental Impairment coverage. 2. The Consultant shall be responsible for payment of all deductibles contained in any insurance required hereunder. 3. If during the term of this Agreement changed conditions or other pertinent factors should in the reasonable judgment of the City render inadequate insurance limits, the Consultant will furnish on demand such additional coverage as may reasonably be required under the circumstances. All such insurance shall be effected at the Consultant’s expense, under valid and enforceable policies, issued by the insurers of recognized responsibility which are well-rated by national rating organizations and are acceptable to the City. 4. All policies shall name the Consultant as the insured and shall be accompanied by a commitment from the insurer that such policies shall not be canceled or reduced without at least thirty (30) days prior notice to the City. With the exception of professional liability, all insurance policies shall name the City of Novi, its officers, agents, and employees as additional insured. Certificates of Insurance evidencing such coverage shall be submitted to Xxx Xxxxxxxx, Purchasing Manager, City of Novi, 00000 Xxxx Xxx Xxxx Xxxx, Xxxx, XX 00000-0000 prior to commencement of performance under this Agreement and at least fifteen (15) days prior to the expiration dates of expiring policies. 5. If any work is sublet in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionAgreement, the Contractor Consultant shall carry Insurances in require each subconsultant to effect and maintain at least the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability same types and limits of insurance as fixed for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend Consultant. 6. The provisions requiring the Consultant to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such carry said insurance shall not be changed construed in any manner as waiving or canceled, without ten days prior written notice to restricting the City liability of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work OrderConsultant under this Agreement.

Insurance Requirements. The Contractor assumes Consultant shall provide, with each original of this signed Agreement, an insurance certificate or certificates issued by companies acceptable to the Owner. The Consultant shall submit insurance certificates to the Owner at the commencement of this Agreement and at policy renewal or revision dates. The certificates shall identify the project name and project number, and shall name the Owner as certificate holder. The submitted forms shall contain a provision that coverage afforded under the insurance policies will not be canceled or materially changed unless at least ten days prior written notice by registered letter has been given to the Owner. The Owner does not warrant or represent that the insurance required herein constitutes an insurance portfolio which adequately addresses all risks incident faced by the Consultant. The Consultant is responsible for the existence, extent and adequacy of insurance prior to signing this Agreement. The Consultant shall procure and maintain primary insurance for the duration of the Project and, if written on a Claims-Made basis, shall also procure and maintain Extended Reporting Period (ERP) insurance for the period of time that any claims could be brought (see Maine Limitation of Actions statute (14 M.R.S. §752-A)). The Consultant shall ensure that all Subconsultants they engage or employ will procure and maintain similar insurance in connection form and amount acceptable to the Owner. At a minimum, the insurance shall be of the types and limits set forth herein protecting the Consultant from claims which may result from the Consultant’s execution of the Work, whether such execution be by the Consultant or by those employed by the Consultant or by those for whose acts they may be liable. All required insurance coverages shall be placed with its purpose carriers authorized to be conducted herein under conduct business in the State of Maine by the Maine Bureau of Insurance. The Consultant shall have Workers' Compensation insurance for all employees on the Project site in accordance with the statutory workers’ compensation law of the State of Maine. Minimum acceptable limits for Employer’s Liability are: Bodily Injury by Accident $500,000 Bodily Injury by Disease $500,000 Each Employee Bodily Injury by Disease $500,000 Policy Limit The Consultant shall have Commercial General Liability insurance providing coverage for bodily injury and property damage liability for all hazards of the Project including premise and operations, products and completed operations, contractual, and personal injury liabilities. Minimum acceptable limits are: General aggregate limit $2,000,000 Products and completed operations aggregate $1,000,000 Each occurrence limit $1,000,000 Personal injury aggregate $1,000,000 The Consultant shall indemnifyhave Automobile Liability insurance against claims for bodily injury, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons death or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or damage resulting from the carelessnessmaintenance, negligence ownership or improper conduct use of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-ownedowned and hired automobiles, leased, hired trucks and trailers. The minimum acceptable limit is: Any one accident or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability loss $1,000,000 The Consultant shall have Professional Liability insurance against claims arising out of a negligent acts, errors or omissions of the Consultant in rendering or failing to render professional services related to the Project. Minimum acceptable limits are: Each Occurrence claim $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) Aggregate limit $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Order.2,000,000

Insurance Requirements. The Contractor assumes shall not commence performing services under this Agreement unless and until all risks incident to or insurance required by this Article is in connection effect, and shall ensure continuous insurance coverage in the manner, form, and limits required by this Article throughout the term of the Agreement. 4.3.1.1 The Contractor shall maintain, at its sole cost and expense, Commercial General Liability Insurance covering the Contractor as Named Insured and the Corporation, NYC Health + Hospitals and the City as Additional Insureds in the amount of at least Two Million Dollars ($2,000,000) per occurrence. Such insurance shall protect the Corporation and the Contractor from claims for property damage and/or bodily injury, including death that may arise from any of the operations under this Agreement. Coverage under this insurance shall be at least as broad as that provided by the most recently issued Insurance Services Office (“ISO”) Form CG 0001, and shall be "occurrence" based rather than “claims-made.” 4.3.1.2 Such Commercial General Liability Insurance shall name the Corporation, together with its purpose officials and employees, as an Additional Insured with coverage at least as broad as the most recently issued ISO Form CG 20 10. 4.3.1.3 At the Corporation’s direction, if professional services are provided pursuant to this Agreement, each of the Contractor and all subcontractors of the Contractor providing professional services, shall maintain and submit evidence of Professional Liability Insurance appropriate to the type(s) of such services to be conducted herein provided under and this Agreement in the amount of at least Two Million Dollars ($2,000,000) per claim. The policy or policies shall indemnify, defend and save include an endorsement to cover the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property liability assumed by the Contractor under this Agreement arising directly or indirectly out of the Contractor’s operations and arising from acts negligent performance of professional Services or omissions caused by an error, omission or negligent act of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any anyone employed by the Contractor. 4.3.1.4 Claims-made policies will be accepted for Professional Liability Insurance. All such policies shall have an extended reporting period option or automatic coverage of its agents or employeesnot less than two years. In this connectionIf available as an option, the Contractor shall carry Insurances purchase extended reporting period coverage effective on cancellation or termination of such insurance unless a new policy is secured with a retroactive date, including at least the last policy year. 4.3.1.5 The Contractor shall maintain, and ensure that each subcontractor maintains, Workers’ Compensation Insurance, Disability Benefits Insurance, and Employer’s Liability Insurance and Unemployment Insurance, in accordance with, and to the extent required by, the Laws of the State on behalf of, or with regard to, all employees providing services under this Agreement. 4.3.1.6 If vehicles are used in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for provision of the obligations assumed under contract Comprehensive Services, then the Contractor shall maintain Business Automobile Liability insurance in the amount of at least Two Million Dollars ($1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all 2,000,000) each accident combined single limit for liability arising out of ownership, maintenance or use of any owned, non-owned, leased, or hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx in connection with this Agreement. Coverage shall be furnished with a certificate of insuranceat least as broad as the most recently issued ISO Form CA0001. 4.3.1.7 If vehicles are used for transporting hazardous materials, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Business Automobile Liability Insurance shall be delivered endorsed to the City provide pollution liability broadened coverage for covered vehicles (endorsement CA 99 48) as well as proof of Xxxxx prior to the issuance of any Work OrderMCS-90.

Insurance Requirements. The Contractor assumes Certificates for all risks incident insurance carried pursuant to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance Section 4 shall be delivered to Landlord before the City commencement of Xxxxx prior the Tenant Improvement Work and before Tenant’s Agents’ equipment is moved onto the Project. All insurance required by this Section 4 shall be issued by solvent companies qualified to do business in the issuance State of California, and with an A.M. Best & Company financial strength rating of not less than A and a financial size category of not less than VIII. All such insurance policies (except workers’ compensation insurance) shall (a) provide that Landlord, Landlord’s managing agent, any Security Holder, and their respective officers, partners, members and employees and any other person requested by Landlord, is designated as an additional insured with respect to liability arising out of work performed by or for Tenant’s general contractor without limitation as to coverage afforded under such policy pursuant to an endorsement in a form approved by Landlord, and (b) specify that such insurance is primary and that any insurance or self-insurance maintained by Landlord shall not contribute with it. Tenant shall cause Tenant’s Agents to notify Landlord within ten (10) days after general contractor’s knowledge of any Work Ordercancellation or material modification of any policy of insurance required under this Section 4. Landlord may inspect the original policies of such insurance coverage at any time. If the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall immediately repair the same at Tenant’s sole cost and expense. Tenant shall maintain all of the foregoing insurance coverage in force throughout the period of construction of the Tenant Improvements and until the Tenant Improvements are fully completed and accepted by Landlord, except for any products and completed operation coverage insurance, which is to be maintained for four (4) years following substantial completion of the Tenant Improvements. All insurance, except workers’ compensation, maintained by Tenant’s Agents shall preclude subrogation claims by the insurer against anyone insured thereunder. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Paragraph 8.5 of the Lease.

Insurance Requirements. The Contractor assumes During the term of the Credit Facility and for so long as any portion of the Obligations (as defined in the Credit Agreement) shall remain outstanding, Tenant shall maintain the types of insurance with respect to the Premises as are required by the provisions of Article 13 of each of the Leases and shall otherwise perform its obligations set forth in such Article 13. Notwithstanding anything contained in any Lease to the contrary, Tenant shall not be permitted to acquire insurance through insurance companies which are Affiliates (as defined in the Leases) of Tenant even if insurance otherwise satisfies the requirements of Section 13.6 of the Leases. Without limiting the generality of the foregoing, all insurance policies insuring against casualty and business interruption and other appropriate policies required under the Leases shall include noncontributing mortgagee endorsements in favor of Agent with loss payable to Agent, as well as standard waiver of subrogation endorsements, and shall provide that the coverage shall not be terminated or modified, nor a risk changed without thirty (30) days' advance written notice to Landlord and Agent. If any portion of the insured risks incident are re-insured, the re-insurance policies shall contain "cut-through" endorsements reasonably satisfactory to Agent. Tenant shall pay the premiums for such insurance policies as the same become due and payable. Not later than ten (10) days prior to the expiration date of each of such insurance policies, Tenant will deliver to Agent certificates of insurance for a renewal policy or policies marked "premium paid" or accompanied by other evidence of payment of premium reasonably satisfactory to Agent. If any insurance policy or part thereof shall expire or be withdrawn or become void by reason of the failure or impairment of the capital of any company in which the insurance shall be carried, or if at any time Agent is not in receipt of written evidence that all insurance required hereunder is in force and effect or if for any reason whatsoever the insurance shall be reasonably unsatisfactory to Agent, Agent shall have the absolute and unconditional right without prior notice to Landlord or Tenant to take such action as Agent deems necessary to protect the interest of Agents in the Premises, including without limitation, the obtaining of such insurance coverage as Agent deems appropriate, and Landlord agrees to pay to Agent and upon demand by Agent all expenses incurred by Agent in connection with its purpose such action or by Agents in obtaining such insurance and keeping it in effect, together with interest thereon at the Default Rate (as defined in the Credit Agreement). Except as otherwise hereinafter specifically provided below in subparagraph B, if any portion of the Premises shall be damaged or destroyed, in whole or in part, by fire or other property hazard or casualty, Tenant shall give prompt notice thereof to be conducted herein under Agent and shall indemnifyLandlord and one hundred (100%) percent of the net amount of all insurance proceeds received by Agent, defend and save the City Tenant or Landlord as a result of Xxxxx harmless from such damage or injuries destruction, after deduction of whatever nature or kind to persons or property arising directly or indirectly out reasonable costs and expenses, if any, in collecting the same, shall be applied in reduction of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances Obligations (as such term is defined in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for Credit Agreement) under the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work OrderCredit Facility.

Insurance Requirements. The Contractor Consultant assumes all risks incident to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the ContractorConsultant’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor Consultant or any of its agents or employees. In this connection, the Contractor Consultant shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Order.

Insurance Requirements. The Prior to commencement of Tenant’s Work and until completion thereof, or commencement of the Lease Term, whichever is the last to occur, Tenant shall effect and maintain Builder’s Risk Insurance covering Landlord, Landlord’s General Contractor, Tenant, Tenant’s General Contractor assumes and Tenant’s subcontractors, as their interest may appear against loss or damage by fire, vandalism and malicious mischief and such other risks as are customarily covered by a standard “All Risk” policy of insurance protecting against all risks incident risk of physical loss or damage to all Tenant’s Work in place and all materials stored at the site of Tenant’s Work, and all materials, equipment, supplies and temporary structures of all kinds incidental to Tenant’s Work, all while forming a part of or contained in connection with its purpose such improvements or temporary structures, or while on the Premises or within the Center, all to be conducted herein under the actual replacement cost thereof at all times on a completed value basis. In addition, Xxxxxx agrees to indemnify and shall indemnify, defend hold Landlord harmless against any and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind all claims for injury to persons or damage to property by reason of the use of the Premises for the performance of Tenant’s Work, and claims, fines, and penalties arising directly or indirectly out of the Contractor’s operations any failure of Tenant or its agents, General Contractor and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of to comply with any law, ordinance ordinance, code requirement, regulation or regulation affecting or having application other requirement applicable to said operation or resulting from Tenant’s Work. Tenant agrees to require all General Contractors and subcontractors engaged in the carelessnessperformance of Xxxxxx’s Work to effect and maintain and deliver to Tenant and Landlord, negligence or improper conduct certificates evidencing the existence of, and covering Landlord, Tenant and Xxxxxx’s General Contractor, prior to commencement of Contractor or any of its agents or employees. In this connectionTenant’s Work and until completion thereof, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Order.coverages:

Insurance Requirements. The Contractor assumes Throughout the life of this AGREEMENT, Vendors shall pay for and maintain in full force and effect all risks incident to insurance as required. If at any time during the life of this AGREEMENT or in connection with its purpose to be conducted herein under and shall indemnifyany extension, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor VENDOR or any of its agents or employees. In subcontractors fail to maintain any required insurance in full force and effect, all services and work under this connection, the Contractor AGREEMENT shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicablediscontinued immediately, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used all payments due or that become due to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx VENDOR shall be furnished with withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a certificate period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this AGREEMENT. No action taken by CITY pursuant to this section shall in any way relieve VENDOR of its responsibilities under this AGREEMENT. The phrase "fail to maintain any required insurance" shall include, which shall provide without limitation, notification received by CITY that such an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. The fact that insurance is obtained by VENDOR shall not be changed deemed to release or canceleddiminish the liability of VENDOR, including, without ten days prior written notice limitation, liability under the indemnity provisions of this AGREEMENT. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the City amount of Xxxxxindemnification to be provided by VENDOR. THE POLICY SHALL LIST THE Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of VENDOR, its principals, officers, agents, employees, persons under the supervision of VENDOR, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. Upon request of CITY, VENDOR shall immediately furnish CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSUREDwith a complete copy of any insurance policy and associated documentation required under this AGREEMENT, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. Certificates This requirement shall survive expiration or termination of this AGREEMENT Where determined applicable by the CITY, VENDOR will comply with the following insurance requirements at its sole expense. Insurance companies shall be delivered rated (A Minus: VII-Admitted) or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct business in the City State of Xxxxx prior to the issuance of any Work OrderCalifornia.

Insurance Requirements. The Contractor assumes 9.1 Prior to the commencement of any work under this Agreement, Consultant shall furnish copies of all risks incident required endorsements and completed Certificate(s) of Insurance to or City’s TCI/Contract Services Department, which clearly shall be labeled “insert name of project/contract” Project in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City Description of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out Operations block of the ContractorCertificate. The Certificate(s) shall be completed and signed by an Agent, accompanied by an affidavit also signed by Consultant, attesting the furnished Certificate(s) represent Consultant’s operations current coverages. City shall not accept a Memorandum of Insurance or Binder as proof of insurance. The certificate(s) must have the agent’s signature and arising phone number and be mailed, with copies of all applicable endorsements, directly from acts the insurer’s authorized representative to City. City shall have no duty to pay or omissions perform under this Agreement until such certificate and endorsements have been received and approved by City’s TCI Department. No officer or employee, other than City’s Risk Manager, shall have authority to waive this requirement. 9.2 City reserves the right to review the insurance requirements of its employees this Article IX during the effective period of this Agreement and shall indemnifyany extension or renewal hereof and to request the modification of insurance coverage and limits when deemed necessary and prudent by City’s Risk Manager, defend, save harmless the City of Xxxxx from any penalties for violation of any based upon changes in statutory law, ordinance court decisions or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employeescircumstances surrounding this Agreement. In no instance shall City allow modification whereby City may incur increased risk. 9.3 Consultant’s financial integrity is of interest to City; therefore, subject to Consultant’s obligation to maintain reasonable deductibles in such amounts as are approved by Consultant’s insurance companies, Consultant shall obtain and maintain in full force and effect for the duration of this connectionAgreement and any extension hereof at Consultant’s sole expense, insurance coverage written on an occurrence basis, unless otherwise indicated, by companies authorized to do business in the Contractor shall carry Insurances State of Texas and with an A.M Best’s rating of no less than A- (VII), in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage types and for blanket contractual liability an amount not less than the amount listed below. These listed insurance limits are standard limits for all City projects. If a project does not justify these standard limits of insurance coverages, Consultant may request a review of the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all ownedCity’s insurance requirements, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with considered on a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS COproject-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Order.by-project basis:

Insurance Requirements. The Contractor assumes all risks incident Seller shall obtain and present evidence acceptable to Veoneer of insurance coverage for the goods and/or services covered by this Contract in amounts at least equal to the minimums described below. By requiring such insurance, Veoneer does not represent that coverage and minimums will necessarily be adequate to protect Seller. Such specified coverages and minimums shall not be deemed as any limitation on Seller’s liability under the indemnities granted by Seller to Veoneer in this contract. Even if Seller fails to obtain the required kinds or in connection with its purpose to be conducted herein under and levels of insurance coverage listed below, it shall indemnifyremain liable for any claim, defend and save the City of Xxxxx harmless from damage dispute, recalls, etc., that would have otherwise been covered by such insurance. Such insurance shall provide that no cancellation or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances material changes in the following amounts: Commercial policies shall become effective except on thirty (30) days written notice to Veoneer and that Veoneer shall be named as an additional insured on coverages (a) through (f) below. Seller shall maintain all required coverages in effect throughout the term of this Contract and for a minimum of five (5) years thereafter. Seller shall furnish to Veoneer certificates evidencing all required coverages and stating the expiration date for each coverage. Seller shall likewise furnish to Veoneer certificates evidencing all required renewals of coverage. The minimum insurance that Seller must obtain (unless lower coverage is approved in writing by Xxxxxxx's Authorized Representative) is: (a) Worker's Compensation insurance, including Employer's Liability--Ç500,000, (b) Comprehensive General Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage insurance--Ç1,000,000 combined single limit for blanket bodily injury and property damage, including owner's and contractor's protective coverage, contractual liability for the obligations assumed under contract coverage and products/completed operations coverage, (c) Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to insurance covering all owned, hired and non-ownedowned vehicles--Ç1,000,000 combined single limit for bodily injury and property damage, (d) Excess Liability coverage--Ç10,000,000 per occurrence, (e) Product Liability insurance coverage - Ç10,000,000 per incident, leasedand (f) Product Recall Program insurance – Ç10,000,000 per recall. Veoneer has determined that the failure of the goods or services supplied to it by Seller pursuant to the Contract could result in a material malfunction of the products manufactured by Veoneer, hired including without limitation, the nondeployment, inadvertent deployment or borrowed vehicles nonconforming deployment of an airbag module, inflator, seat belt restraint system, or other components. Accordingly, Seller’s obligation to maintain product liability and must include product recall program insurance shall be specifically enforceable. Veoneer shall also have the option, in the event Seller fails to maintain any insurance coverage required above, to purchase or arrange for blanket contractual liability such insurance on Seller’s behalf and Seller shall be liable to Veoneer for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are cost of the premiums. The rights and remedies herein reserved to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx Buyer shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed cumulative and in addition to any other or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Orderfurther rights and remedies available at law or equity.

Insurance Requirements. a. Design Professional shall at all times during the term of this Agreement maintain, at its expense, the following minimum levels and types of insurance: (1) Commercial General Liability (including, without limitation, Contractual Liability, Personal Injury, Advertising Injury, and Products/Completed Operations) coverages, with coverage at least as broad as Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001) with limits no less than one million dollars ($1,000,000) per Occurrence and two million dollars ($2,000,000) Aggregate for bodily injury, personal injury and property damage. (a) The Contractor assumes all risks incident deductible or self-insured retention on this Commercial General Liability shall not exceed $5,000 unless District has approved of a higher deductible or self-insured retention in writing. (b) The Commercial General Liability policy shall be endorsed to include the District; its agents, officers and employees as additional insureds in the form as required by the District. An exemplar endorsement is attached (Exhibit B, Certificate of Insurance, attached hereto and incorporated herein). (c) The coverage provided to the District, as an additional insured, shall be primary and any insurance or in connection with its purpose to self- insurance maintained by the District shall be conducted herein under excess of the Design Professional’s insurance and shall indemnify, defend and save not contribute to it. (d) The Commercial General Liability policy shall be endorsed to include a waiver of transfer of rights of recovery against the City District (“Waiver of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Subrogation”). (2) Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability (Owned, Scheduled, Non-Owned, or Hired Automobiles) written at least as broad as Insurance Services Office Form Number CA 0001 with limits of no less than one million dollars ($1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles 1,000,000) combined single limit per accident for bodily injury and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor property damage. (3) Workers’ Compensation, if applicablestatutory limits, is required of the Design Professional and coverage for Federal Employersall sub-consultants (or be a qualified self-insured) under the applicable laws and in accordance with “Workers’ Compensation and Insurance Act”, Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Employer’s Liability, in an amount of not less than one million dollars ($1,000,000) each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. This policy shall be endorsed to include a waiver of subrogation endorsement, where permitted by law. (4) Professional Liability Actinsurance in the amount of $1,000,000 per claim and $1,000,000 aggregate. (a) At the end of the agreement period, Consultant shall maintain, at its own expense, continued Professional Liability insurance of not less than five (5) years, in an amount no less than the amount required pursuant to this Agreement. (b) Alternately, if applicable the existing Professional Liability is terminated during the above referenced five-year period, Consultant shall maintain at its own expense, “tail” coverage in the same minimum amount as set forth in this paragraph. (c) All coverages under this section shall be effective as of the effective date of this Agreement or provide for a retroactive date of placement that coincides with the effective date of this Agreement. (5) Umbrella or Excess Liability insurance with limits no less than one million dollars ($1,000,000) per occurrence and aggregate. This policy must provide excess insurance over the same terms and conditions required above for the General Liability, Automobile Liability and Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policypolicies. b. Design Professional shall furnish District with certificates of insurance coverage for all the policies described above upon execution of this Agreement and upon renewal of any of these policies. A Certificate of Insurance in a form acceptable to the District, which follows forman exemplar Certificate of Insurance is attached as Exhibit B and made a part hereof, may be used to obtain evidencing the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City existence of Xxxxx the necessary insurance policies and endorsements required shall be furnished kept on file with a the District. Except in the event of cancellation for non-payment of premium, in which case notice shall be 10 days, all such policies must be endorsed so that the insurer(s) must notify the District in writing at least 30 days in advance of policy cancellation. Design Professional shall also provide notice to District prior to cancellation of, or any change in, the stated coverages of insurance. c. The Certificate of Insurance must delineate the name of the insurance company affording coverage and the policy number(s) specifically referenced to each type of insurance, either on the face of the certificate or on an attachment thereto. If an addendum setting forth multiple insurance companies or underwriters is attached to the certificate of insurance, which the addendum shall provide that such indicate the insurance carrier or underwriter who is the lead carrier and the applicable policy number for the CGL coverage. d. Furnishing insurance specified herein by the District will in no way relieve or limit any responsibility or obligation imposed by the Agreement or otherwise on Design Professional or Design Professional’s sub- contractors or any tier of Design Professional’s sub-contractors. District shall not be changed or canceled, without ten days prior written notice reserve the right to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance obtain complete copies of any Work Orderof the insurance policies required herein.

Insurance Requirements. The Contractor assumes all risks incident to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Participating Contractor shall carry Insurances in the following amountsmaintain insurance as follows, and provide evidence of current coverage upon request by Utilities or its Program Implementer: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, Compensation in accordance with New Jersey state and coverage for Federal Employers’ Liability Act, if applicable local requirements Employer’s Liability Amount not less than $1,000,000 Each Occurrence each occurrence or illness Commercial General Liability Amount not less than $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional each occurrence Business Automobile Liability (if applicable) Amount not less than $1,000,000 Each Claim each occurrence Excess/Umbrella Amount not less than $2,000,000 each occurrence OR Commercial General Aggregate Liability and Business Automobile Liability in amounts not less than $4,000,000 each occurrence Professional Liability, Errors and Omissions Required to hold an amount not less than $1,000,000 each occurrence ● The City of Xxxxx general, automobile, and excess/umbrella liability coverage held by the Participating Contractor shall name Utilities for the areas where they are operating, as well as their respective Program Implementers as additional insureds. All coverage obtained and maintained by the Participating Contractor shall be furnished primary to and non-contributory with a any and all applicable coverage held by Utilities or the Program Implementer. All coverage obtained and maintained by the Participating Contractor shall contain waiver of subrogation, cross-liability coverage, and severability of interests language. ● Neither Utilities nor the Program Implementer shall be responsible for any deductibles, self- insurance retention, and/or waiting periods that may appear in the policy. ● Receipt or failure to receive or failure to request any certificate of insurance, which insurance for any of the required insurance coverage and limits shall not act or be construed as an approval of Participating Contractor’s insurance or as a release or waiver of the Participating Contractor’s obligation to provide any or all of the insurance coverage and limits required. Participating Contractor’s certificate of insurance shall contain evidence that such insurance the policy or policies shall not be changed modified or canceled, canceled without ten days providing at last thirty (30) calendar days’ prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work OrderUtilities.

Insurance Requirements. a) The Contractor assumes Applicant shall purchase and maintain during the term of this agreement, at their sole expense, all risks incident insurance required by the applicable laws of the Commonwealth of Massachusetts and other insurance specified in this section. Insurance must be issued by insurance companies licensed to write such insurance in the Commonwealth of Massachusetts, and will have a current rating provided by “Best’s Insurance Reports” of A- VII or in connection with above. The Applicant may self-insure any portion of its purpose insurance requirements hereunder as long as: (i) its audited GAAP net assets exceed $250 million at the end of Applicant’s preceding fiscal year end, and (ii) the Applicant has provided commercially reasonable evidence to MassDOT and the Participants that its audited GAAP net assets exceed $250 million at the end of Applicant’s preceding fiscal. The requirements of section 11(g) will operate the same whether provided by insurance or self-insurance. b) Insurance Certificates including statements evidencing all requirements listed below shall be conducted herein under delivered to MassDOT prior to approval of the Application, and renewal certificates will be delivered no later than 30 days prior to expiration of the preceding policy or by the renewal date of the preceding policy. Failure of the Applicant to provide and continue to enforce such insurance shall be deemed a violation of this agreement. These requirements are minimum limits and coverages and shall indemnify, defend and save not be construed to limit the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out liability of the Contractor’s Applicant or its insurers. c) Commercial General Liability for bodily injury and property damage, on an occurrence form, no less broad than ISO Form CG 2010 10 01. Coverage must include premises/operation, products/completed operations liability once commercial product sales commence, contractual liability, and arising from acts or omissions personal/advertising injury subject to a minimum limit of its employees one million ($1,000,000) per occurrence and shall indemnify, defend, save harmless two million ($2,000,000) annual aggregate. A separate stand- alone products policy subject to the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive same limits is acceptable. d) Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to covering all owned, non-owned, hired, leased, hired or borrowed rented vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability Test Vehicles with limits no less than one million ($1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable1,000,000) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Ordercombined single limit.

Insurance Requirements. The A. Contractor assumes all risks incident to or in connection with shall purchase and maintain, at its purpose to be conducted herein under sole cost and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionexpense, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of minimum insurance set forth below. By requiring such minimum insurance, which shall provide that such insurance County does not and shall not be changed deemed or canceledconstrued to have assessed the risks that may be applicable to Contractor, without ten days prior written notice or any Subcontractor, under this Contract, or in any way limit County’s potential recovery to insurance limits required hereunder. To the contrary, this Contract’s insurance requirements may not in any way be construed as limiting any potential liability to County or County’s potential recovery from Contractor. Contractor and any Subcontractor shall assess their own risks and if they deem appropriate and/or prudent, maintain greater limits and/or broader coverage. B. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage shall apply to each insured to the City full extent provided by the terms and conditions of Xxxxxthe policy(s). THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates Nothing contained within this provision shall affect and/or alter the application of Insurance any other provision contained within this Contract. C. Each insurance policy shall be delivered to written on an “occurrence” basis/form; excepting insurance for professional liability (errors and omissions), and/or pollution liability; and/or cyber liability (technology errors and omissions). Professional liability (errors and omissions), pollution liability, and cyber liability (technology errors and omissions) required by this Contract is acceptable on a “claims made” basis/form. D. If coverage is approved and purchased on a "claims made" basis/form, the City coverage provided under that insurance shall be maintained through: (i) consecutive policy renewals for not less than three (3) years from the date of Xxxxx prior to completion of the issuance Work which is subject of any this Contract or, if such renewals are unavailable, (ii) the purchase of a tail/extended reporting period for not less than three (3) years from the date of completion of the Work Orderwhich is the subject of this Contract. All insurance written on a “claims made” basis/form must have its policy inception or retroactive date be no later than the Effective Date of the Contract, unless otherwise approved in writing by the County’s Risk Management Office.

Insurance Requirements. The Contractor assumes At all risks incident to or in connection with its purpose to be conducted herein under times during the Term of this Agreement and shall indemnifyfor a period of two (2) years after termination of this Agreement for any coverage maintained on a “claims-made” basis, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or TLO and/or any of its agents or employees. In this connection, third party carriers (if applicable)(“Carrier”) shall maintain at their expense the Contractor shall carry Insurances below listed insurance in the following amounts: Commercial amounts specified below which are minimum requirements. TLO shall require that Carrier cause all of its contractors providing authorized drivers or authorized vehicles, to carry such insurance, and TLO shall be liable to TRMC for their failure to do so. Such insurance shall provide coverage to TRMC and such policies, other than Worker’s Compensation Insurance, shall include TRMC as an additional insured. Each policy shall provide that it is primary to and not contributory with any other insurance, including any self-insured retention, maintained by TLO (which shall be excess) and each policy shall provide the full coverage required by this Agreement. All such insurance shall be written with carriers and underwriters acceptable to TRMC, and eligible to do business in the states where the gathering operations are located and having and maintaining an A.M. Best financial strength rating of no less than “A-“and financial size rating no less than “VII”; provided that TLO and/or the Carrier may procure worker’s compensation insurance from the state fund of the state where the gathering operations are located. (i) Workers Compensation and Occupational Disease Insurance which fully complies with Applicable Law of the state where the gathering operations are located, in limits not less than statutory requirements; (ii) Employers Liability Insurance with a minimum limit of $1,000,000 Each Occurrence for each accident, covering injury or death to any employee which may be outside the scope of the worker’s compensation statute of the jurisdiction in which the worker’s service is performed, and in the aggregate as respects occupational disease; (iii) Commercial General Liability Insurance, including contractual liability insurance covering Carrier’s indemnity obligations under this Agreement, with minimum limits of $1,000,000 General Aggregate Must combined single limit per occurrence for bodily injury and property damage liability, or such higher limits as may be required by TRMC or by Applicable Law from time to time. This policy shall include Broad Form Contractual Liability insurance coverage for blanket contractual liability for which shall specifically apply to the obligations assumed under contract Comprehensive in this Agreement by TLO; (iv) Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to Insurance covering all owned, non-ownedowned and hired vehicles, leasedwith minimum limits of $1,000,000 combined single limit per occurrence for bodily injury and property damage liability, hired or borrowed vehicles such higher limit(s) as may be required by TLO or by Applicable Law from time to time. Coverage must assure compliance with Sections 29 and must include coverage for blanket contractual 30 of the Motor Carrier Act of 1980 and all applicable rules and regulations of the Federal Highway Administration’s Bureau of Motor Carrier Safety and Interstate Commerce Commissioner (Form MCS 90 Endorsement). Limits of liability for this insurance must be in accordance with the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are financial responsibility requirement of the Motor Carrier Act, but not less than $1,000,000 per occurrence; (v) Excess (Umbrella) Liability Insurance with limits not less than $4,000,000 per occurrence. Additional excess limits may be utilized to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensationsupplement inadequate limits in the primary policies required in items (ii), if applicable(iii), and coverage for Federal Employers’ (iv) above; (vi) Pollution Legal Liability Actwith limits not less than $25,000,000 per loss with an annual aggregate of $25,000,000. Coverage shall apply to bodily injury and property damage including loss of use of damaged property and property that has not been physically injured; clean up costs, if applicable Employer’s Liability defense, including costs and expenses incurred in the investigation, defense or settlement of claim; and (vii) Property Insurance, with a limit of no less than $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy1,000,000, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx property insurance shall be furnished with a certificate first-party property insurance to adequately cover TLO’s owned property; including personal property of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Orderothers.

Insurance Requirements. The Contractor assumes all risks incident Each insurance policy and certificate thereof obtained by Tenant pursuant to this Lease shall contain a clause that the insurer will provide Landlord, its members, partners and any persons, firms or in connection corporations designated by Landlord with its purpose to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability at least thirty (if applicable30) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice of any material change, non-renewal or cancellation of the policy, or at least ten (10) days prior notice in the event of cancellation for failure to pay. Each such insurance policy shall be with an insurance company authorized to do business in the City State of XxxxxArizona and rated not less than A VIII in the then most current edition of “Best’s Key Rating Guide”. THE POLICY SHALL LIST THE CITY OF XXXXX AS COCertified copies of all insurance policies evidencing the coverage under each such policy, as well as a certified copy of the required additional insured endorsement(s) (ISO Form CG 20-INSURED OR ADDITIONAL INSURED. Certificates of Insurance 26 or its equivalent) shall be delivered to Landlord prior to commencement of the City Lease Term. Each such policy shall provide that any loss payable thereunder shall be payable notwithstanding (a) any act, omission or neglect by Tenant, or (b) any occupation or use of Xxxxx the Leased Premises or any portion thereof by Tenant or by any subtenant of Tenant for purposes more hazardous than permitted by the terms of such policy or policies, or (c) any foreclosure or other action or proceeding taken by any mortgagee or trustee pursuant to any provision of any mortgage or deed of trust covering the Leased Premises, the Building or the Project, or (d) any change in title or ownership of the Property. All insurance policies required pursuant to this Article 7 shall be written as primary policies, and shall provide that any insurance which Landlord or Landlord’s lender may carry is strictly excess, secondary and non-contributing with any insurance carried by Tenant. Tenant shall procure and maintain all policies entirely at its own expense and shall, at least twenty (20) days prior to the issuance expiration of such policies, furnish Landlord with certified copies of replacement policies or renewal certificates for existing policies. Tenant shall not do or permit to be done anything which shall invalidate the insurance policies maintained by Landlord or the insurance policies required pursuant to this Article 7 or the coverage thereunder. If Tenant or any subtenant of Tenant does or permits to be done anything which shall increase the cost of any Work Orderinsurance policies maintained by Landlord, then Tenant shall reimburse Landlord for any additional premiums attributable to any act or omission or operation of Tenant or any subtenant of Tenant causing such increase in the cost of insurance. Any such amount shall be payable as Additional Rent within thirty (30) days after receipt by Tenant of a xxxx from Landlord. All policies of insurance (other than the policy of property insurance described in Article 7.2) shall name both Landlord and Tenant (and/or such other party or parties as Landlord may require) as insureds and shall be endorsed to indicate that the coverage provided shall not be invalid due to any act or omission on the part of Landlord. In addition, the policy of property insurance described in Article 7.2 shall name Landlord (and Landlord’s Lender, if Landlord shall so require) as a co-loss payee. The insurance requirements contained in this Article 7 are independent of Tenant’s waiver, indemnification and other obligations under this Lease and shall not be construed or interpreted in any way to restrict, limit or modify Tenant’s waiver, indemnification or other obligations or to in any way limit Tenant’s obligations under this Lease.

Insurance Requirements. The Contractor assumes all risks incident to (a) Tenant shall not do anything, or in connection with its purpose permit anything to be conducted herein under and done, in or about the Premises that would: (i) invalidate or be in conflict with the provisions of or cause any increase in the applicable rates for any fire or other insurance policies covering the Buildings or any property located therein (unless Tenant pays for such increased costs), or (ii) result in a refusal by fire insurance companies of good standing to insure the Buildings or any such property in amounts reasonably satisfactory to Landlord (which amounts shall indemnifybe comparable to the amounts required by comparable landlords of comparable buildings, defend and save the City of Xxxxx harmless from damage (iii) subject Landlord to any liability or injuries of whatever nature or kind responsibility for injury to persons any person or property arising directly by reason of any business operation being conducted in the Premises or indirectly out by Tenant or any one claiming under Tenant elsewhere on the Property, or (iv) result in the cancellation of or assertion of any defense by the insurer to any claim under any policy of insurance maintained by or for the benefit of Landlord. Tenant, at Tenant’s expense, shall comply with all rules, orders, regulations or requirements of the Contractor’s operations American Insurance Association (formerly the National Board of Fire Underwriters) and arising from acts or omissions with any similar body that shall hereafter perform the function of its employees and shall indemnifysuch Association. (b) If, defend, save harmless the City of Xxxxx from any penalties for violation by reason of any lawact or omission on the part of Tenant which is inconsistent with the use permitted hereunder, ordinance whether or regulation affecting or having application not Landlord has consented to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionsame, the Contractor rate of “all risk” or other type of insurance maintained by Landlord on the Property or the Buildings or other property of Landlord shall carry Insurances in be higher than it otherwise would be, but for such act or omission, Tenant shall reimburse Landlord for that part of the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage premiums for blanket contractual liability for such insurance paid by Landlord because of such act or omission on the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policypart of Tenant, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx sum shall be furnished with a certificate Additional Rent and payable within five (5) days of insurancedemand. If, which shall provide that due to the occupancy or abandonment of, or Tenant’s failure to occupy, the Premises as herein provided, any such insurance shall not be changed or canceledcanceled by the insurance carrier, without ten days prior then, in any of such events, Tenant hereby indemnifies Landlord against liability which would have been covered by such insurance. Landlord shall give Tenant notice of any such cancellation promptly after Landlord shall have received written notice to thereof. Tenant shall also pay any increase in premiums on any rent insurance carried by Landlord for its protection against rent loss through fire or casualty if such increase shall result from any of the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Orderforegoing events.

Insurance Requirements. the Contractor will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII—Admitted) or better in Best’s Insurance Rating Guide and shall be legally licensed and qualified to conduct business in the State of California: The Contractor assumes all risks incident to or shall procure and maintain, at its sole expense: X Workers’ Compensation Insurance in connection such amounts as will fully comply with its purpose to be conducted herein under the laws of the State of California and which shall indemnify, defend insure and save provide legal defense for the Contractor and the City, the Housing Authority and CSD against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the Agreement. This coverage may be waived if the Contractor is determined to be functioning as a sole proprietor and the city provided form “Exception to Worker’s Compensation Coverage” is signed, notarized and attached to this Agreement. Signature, Title X General Liability Insurance—to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the Contractor, sub-Contractor, or any person acting for the Contractor or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum amounts provided below: Bodily Injury $1,000,000 per occurrence/ $2,000,000 aggregate Property Damage $1,000,000 per occurrence/ $2,000,000 aggregate X Liability and Property Damage Insurance coverage for owned and non- owned automotive equipment operated on City/CSD/Housing Authority premises. Such coverage limits shall not be less than $1,000,000 combined single limit. X A Certificate of Insurance and appropriate additional insured endorsement evidencing the above applicable insurance coverage shall be submitted to the City prior to the execution of this Agreement. In addition to providing such insurance documentation prior to entering into the agreement, contractor shall deliver a current certificate of insurance and applicable endorsement annually upon request of city and as may otherwise be reasonably requested by the City. The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions: Solely as respect to services done by or on behalf of the named insured for the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnifyXxxxxx Valley, defend, save harmless it is agreed that the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionXxxxxx Valley, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableXxxxxx Valley Housing Authority, and coverage for Federal Employers’ Liability Actthe Xxxxxx Valley Community Services District, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policytheir officers, which follows form, may employees and agents are included as additional insured under this policy and the coverage(s) provided shall be used primary insurance and not contributing with any other insurance available to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx Xxxxxx Valley, the Xxxxxx Valley Housing Authority, and the Xxxxxx Valley Community Services District, its officers, employees and agents, under any third party liability policy The terms of the insurance policy or policies issued to provide the above coverage shall neither be furnished with a certificate of insurance, which amended to reduce the required insurance limits and coverages nor shall provide that such insurance shall not policies be changed or canceled, canceled by the carrier without ten thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the City City, except that cancellation for non-payment of Xxxxxpremium shall require ten (10) days prior written notice by certified or registered mail. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to In the City of Xxxxx event the insurance is canceled, the Contractor shall, prior to the issuance cancellation date, submit new evidence of any Work Orderinsurance in the amounts established.

Insurance Requirements. a) The Contractor assumes Vendor, at no additional cost to NYSERDA, shall maintain or cause to be maintained throughout the term of this Agreement, insurance of the types and in the amounts of this Agreement. All such insurance shall be evidenced by insurance policies, each of which shall: (1) reference this Agreement number and name or be endorsed to cover the Vendor as the insured, and NYSERDA and the State of New York as additional insured, and reference all risks incident work to be performed under the Program; (2) provide that such policy may not be cancelled or modified until at least 30 days after receipt by NYSERDA of written notice thereof; and (3) be reasonably satisfactory to NYSERDA in all other respects. b) The types and amounts of insurance required to be maintained under this Section are as follows: (1) commercial general liability insurance for bodily injury liability, including death, and property damage liability, incurred in connection with its purpose to be conducted herein the Vendor’s performance under and shall indemnifythe Program, defend and save the City with minimum limits of Xxxxx harmless from damage or injuries $1,000,000 in respect of whatever nature or kind to persons or property claims arising directly or indirectly out of the Contractor’s operations and arising from acts personal injury or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation sickness or death of any lawone person, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence in respect of claims arising out of personal injury, sickness or death in any one accident or disaster, and $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all ownedin respect of claims arising out of property damage in any one accident or disaster, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ (2) Workers Compensation, if applicableEmployers Liability, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicableDisability Benefits as required by New York State. c) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten Not less than 15 days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance date any policy furnished or carried pursuant to this Agreement will expire, the Vendor shall deliver to NYSERDA a certificate(s) of insurance evidencing the renewal of such policy(s), and the Vendor shall promptly pay all premiums thereon due. No work shall be performed under this Agreement without current insurance. NYSERDA will not accept Voucher Request Forms or make payments under this Agreement without current insurance certificates. d) In the event of threatened legal action, claims, encumbrances, or liabilities that may affect NYSERDA hereunder, or if deemed necessary by NYSERDA due to events rendering a review necessary, the Vendor shall deliver to NYSERDA a certified copy of each policy upon request. e) Within five working days, or contemporaneously with the requirements of each insurance policy, the Vendor shall notify NYSERDA in writing of the occurrence of any Work Orderaccident, event or incident involving personal injury or property damage that might reasonably result in any complaint or claim, in law or in equity, against the Vendor, any Vehicle Purchaser, or NYSERDA.

Insurance Requirements. The Contractor assumes Prior to commencement of Tenant’s Work and until completion thereof, or commencement of the Lease Term, whichever is the last to occur, Tenant shall effect and maintain Builder’s Risk Insurance covering Landlord, Landlord’s general contractor, Tenant, Xxxxxx’s contractors and Tenant’s subcontractors, as their interest may appear against loss or damage by fire, vandalism and malicious mischief and such other risks as are customarily covered by a standard “All Risk” policy of insurance protecting against all risks incident risk of physical loss or damage to all Tenant’s Work in place and all materials stored at the site of Tenant’s Work, and all materials, equipment, supplies and temporary structures of all kinds incidental to Tenant’s Work, and equipment, all while forming a part of or contained in connection with its purpose such improvements or temporary structures, or while on the Premises or within the Center, all to be conducted herein under the actual replacement cost thereof at all times on a completed value basis. In addition, Xxxxxx agrees to indemnify and shall indemnify, defend hold Landlord harmless against any and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind all claims for injury to persons or damage to property by reason of the use of the Premises for the performance of Tenant’s Work, and claims, fines, and penalties arising directly or indirectly out of the Contractor’s operations any failure of Tenant or its agents, contractors and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of to comply with any law, ordinance ordinance, code requirement, regulations or regulation affecting or having application other requirement applicable to said operation or resulting from Tenant’s Work and Tenant agrees to require all contractors and subcontractors engaged in the carelessnessperformance of Tenant’s Work to effect and maintain and deliver to Tenant and Landlord, negligence or improper conduct certificates evidencing the existence of, and covering Landlord, Tenant and Xxxxxx’s contractors, prior to commencement of Contractor or any of its agents or employees. In this connectionTenant’s Work and until completion thereof, the Contractor shall carry Insurances following insurance coverages: a. Worker’s Compensation and Occupational Disease insurance in accordance with laws of the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for State in which the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles property is located and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability Insurance with limits of not less than $1,000,000 Each Occurrence $1,000,000 Disease 1,000,000.00 per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Orderoccurrence.

Insurance Requirements. The Contractor assumes all risks incident COVENANTS: At the request of the Administrative Agent, the Loan Parties shall deliver to or in connection with its purpose the Administrative Agent and each of the Lenders (x) on the Closing Date, and upon request thereafter, an original certificate of insurance signed by the Loan Parties' independent insurance broker describing and certifying as to the existence of the insurance on the assets of the Borrowers required to be conducted herein under maintained by this Agreement and shall indemnify, defend the other Loan Documents and save the City of Xxxxx harmless (y) from damage or injuries of whatever nature or kind time to persons or property arising directly or indirectly out time a summary schedule indicating all insurance then in force with respect to each of the Contractor’s operations Loan Parties. Such policies of insurance shall contain special endorsements, in form and arising from acts or omissions of its employees and substance acceptable to the Administrative Agent, which shall indemnifyinclude the provisions set forth below; provided that, defend, save harmless notwithstanding anything to the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In contrary in this connectionAgreement, the Contractor Loan Parties shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend only be required to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used use commercially reasonable efforts to obtain the aforementioned limits Professional Liability special endorsement set forth in subparagraph (if applicablev) $1,000,000 Each Claim $2,000,000 General Aggregate The City below within forty-five (45) days of Xxxxx shall be furnished with a certificate of insurancethe Closing Date, which shall provide that and the failure to obtain such insurance endorsement shall not be changed an Event of Default hereunder. ENDORSEMENT: (i) specify the Administrative Agent as an additional insured the understanding that any obligation imposed upon the insured (including the liability to pay premiums) shall be the sole obligation of the applicable Loan Parties and not that of the insured, (ii) with respect to all property insurance policies, provide that the interest of the Lenders shall be insured regardless of any breach or canceledviolation by the applicable Loan Parties of any warranties, without declarations or conditions contained in such policies or any action or inaction of the applicable Loan Parties or others insured under such policies, (iii) provide a waiver of any right of the insurers to set off or counterclaim or any other deduction, whether by attachment or otherwise, (iv) provide that no cancellation of such policies for any reason (including non-payment of premium) nor any change therein shall be effective until at least ten (10) days prior after receipt by the Administrative Agent of written notice of such cancellation or change; provided that the insurers shall endeavor to provide the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Order.Administrative Agent with at least thirty (30) days written notice, and

Insurance Requirements. a. Service Provider shall at all times during the term of this Agreement maintain, at its expense, the following minimum levels and types of insurance: (1) Commercial General Liability (including, without limitation, Contractual Liability, Personal Injury, Advertising Injury, and Products/Completed Operations) coverages, with coverage at least as broad as Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001) with limits no less than one million dollars ($1,000,000) per Occurrence and two million dollars ($2,000,000) Aggregate for bodily injury, personal injury and property damage. (a) The Contractor assumes all risks incident deductible or self-insured retention on this Commercial General Liability shall not exceed $5,000 unless District has approved of a higher deductible or self-insured retention in writing. (b) The Commercial General Liability policy shall be endorsed to include the District; its agents, officers and employees as additional insureds in the form as required by the District. An exemplar endorsement is attached (Exhibit B, Certificate of Insurance, attached hereto and incorporated herein). (c) The coverage provided to the District, as an additional insured, shall be primary and any insurance or in connection with its purpose to self- insurance maintained by the District shall be conducted herein under excess of the Service Provider’s insurance and shall indemnify, defend and save not contribute to it. (d) The Commercial General Liability policy shall be endorsed to include a waiver of transfer of rights of recovery against the City District (“Waiver of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Subrogation”). (2) Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability (Owned, Scheduled, Non-Owned, or Hired Automobiles) written at least as broad as Insurance Services Office Form Number CA 0001 with limits of no less than one million dollars ($1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles 1,000,000) combined single limit per accident for bodily injury and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor property damage. (3) Workers’ Compensation, if applicablestatutory limits, is required of the Service Provider and coverage all sub-consultants (or be a qualified self-insured) under the applicable laws and in accordance with “Workers’ Compensation and Insurance Act”, Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Employer’s Liability, in an amount of not less than one million dollars ($1,000,000) each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. This policy shall be endorsed to include a waiver of subrogation endorsement, where permitted by law. (4) Ship Repairer's Legal Liability insurance in the amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) aggregate. (5) Umbrella or Excess Liability insurance with limits no less than one million dollars ($1,000,000) per occurrence and aggregate. This policy must provide excess insurance over the same terms and conditions required above for Federal Employers’ the General Liability, Automobile Liability Act, if applicable and Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policypolicies. b. Service Provider shall furnish District with certificates of insurance coverage for all the policies described above upon execution of this Agreement and upon renewal of any of these policies. A Certificate of Insurance in a form acceptable to the District, which follows forman exemplar Certificate of Insurance is attached as Exhibit B and made a part hereof, may be used to obtain evidencing the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City existence of Xxxxx the necessary insurance policies and endorsements required shall be furnished kept on file with a the District. Except in the event of cancellation for non-payment of premium, in which case notice shall be 10 days, all such policies must be endorsed so that the insurer(s) must notify the District in writing at least 30 days in advance of policy cancellation. Service Provider shall also provide notice to District prior to cancellation of, or any change in, the stated coverages of insurance. c. The Certificate of Insurance must delineate the name of the insurance company affording coverage and the policy number(s) specifically referenced to each type of insurance, either on the face of the certificate or on an attachment thereto. If an addendum setting forth multiple insurance companies or underwriters is attached to the certificate of insurance, which the addendum shall provide that such indicate the insurance carrier or underwriter who is the lead carrier and the applicable policy number for the CGL coverage. d. Furnishing insurance specified herein by the District will in no way relieve or limit any responsibility or obligation imposed by the Agreement or otherwise on Service Provider or Service Provider’s sub-contractors or any tier of Service Provider’s sub-contractors. District shall not be changed or canceled, without ten days prior written notice reserve the right to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance obtain complete copies of any Work Orderof the insurance policies required herein.

Insurance Requirements. The Contractor assumes shall secure and maintain at Contractor's expense, throughout the term of this Agreement, such policy or policies of general liability and casualty insurance in an amount not less than One Million Dollars ($1,000,000.00) each occurrence, not less than Three Million Dollars ($3,000,000.00) annual aggregate, for all risks incident of Contractor's business activities under this Agreement. Contractor shall also secure and maintain comprehensive automobile liability insurance with a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000.00), each occurrence, with respect to the Contractor's vehicles (whether owned, hired, non-owned), assigned to or utilized in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City performance of Xxxxx harmless from damage or injuries this Agreement. Upon execution of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionAgreement, the Contractor shall carry Insurances in provide Administrator copies of all certificates of insurance and upon renewal; Contractor shall provide copies to Administrator within thirty (30) Days of renewal. The Contractor shall notify Administrator within five (5) days from the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual time the Contractor receives notice of cancellation or amendment to these insurance policies. The Contractor shall notify Administrator promptly of any legal action alleging professional negligence against the Contractor and of any final judgment that may be rendered against the Contractor relating to such legal action. If any policy of liability for insurance is terminated, the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ CompensationContractor shall immediately notify Administrator and, if applicablethe insurance was "claims made" coverage, the Contractor shall purchase "tail" coverage in an amount necessary and adequate to continue coverage for Federal Employers’ Liability Actwhich meets all of the requirements of this paragraph relating to any Housing Services rendered during the term of this Agreement. The Contractor further agrees that this provision shall survive the termination of this Agreement regardless of the cause giving rise to termination. The Contractor shall name Administrator their agents, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain officials and employees as additional insureds and shall specify that the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx insurance afforded by the Contractor shall be furnished with a certificate primary insurance and any insurance or self-insurance of Administrator or its employees shall be excess, not contributory insurance, which to that provided by the Contractor. Such policy shall provide that such insurance shall not be changed or canceled, without ten days contain a severability of interest’s provision and provision for at least thirty- (30) day’s prior written notice to Administrator of any cancellations, non-renewal or material change in coverage. Administrator reserves the City right to continue payment of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance premiums for which reimbursement shall be delivered deducted from amounts due or subsequently due to the City of Xxxxx prior Contractor. Insurers qualified to the issuance of any Work Ordertransact business in Arizona shall issue all policies.

Insurance Requirements. 9.1 The Contractor assumes shall provide, with each original of the signed Contract, an insurance certificate or certificates acceptable to the Owner and BGS. The Contractor shall submit insurance certificates to the Owner and BGS at the commencement of this Contract and at policy renewal or revision dates. The certificates shall identify the project name and BGS project number, and shall name the Owner as certificate holder and as additional insured for general liability and automobile liability coverages. The submitted forms shall contain a provision that coverage afforded under the insurance policies will not be canceled or materially changed unless at least ten days prior written notice by registered letter has been given to the Owner and BGS. 9.2 The Owner does not warrant or represent that the insurance required herein constitutes an insurance portfolio which adequately addresses all risks incident faced by the Contractor or its Subcontractors. The Contractor is responsible for the existence, extent and adequacy of insurance prior to commencement of work. The Contractor shall not allow any Subcontractor to commence work until all similar insurance required of the Subcontractor has been confirmed by the Contractor. 9.3 The Contractor shall procure and maintain primary insurance for the duration of the Project and, if written on a Claims-Made basis, shall also procure and maintain Extended Reporting Period (ERP) insurance for the period of time that any claims could be brought. The Contractor shall ensure that all Subcontractors they engage or employ will procure and maintain similar insurance in connection with its purpose form and amount acceptable to the Owner and BGS. At a minimum, the insurance shall be conducted of the types and limits set forth herein under and shall indemnify, defend and save protecting the City of Xxxxx harmless Contractor from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of claims which may result from the Contractor’s execution of the Work, whether such execution be by the Contractor or by those employed by the Contractor or by those for whose acts they may be liable. All required insurance coverages shall be placed with carriers authorized to conduct business in the State of Maine by the Maine Bureau of Insurance. 9.3.1 The Contractor shall have Workers’ Compensation insurance for all employees on the Project site in accordance with the requirements of the Workers’ Compensation law of the State of Maine. Minimum acceptable limits for Employer’s Liability are: Bodily Injury by Accident $500,000 Bodily Injury by Disease $500,000 Each Employee Bodily Injury by Disease $500,000 Policy Limit When applicable, a Sole Proprietor, or Partner or Member of a Limited Liability Company shall provide evidence of an approved application for waiver from the Workers’ Compensation Board regarding employment of a parent, spouse, domestic partner, or child. 9.3.2 The Contractor shall have Commercial General Liability insurance providing coverage for bodily injury and property damage liability for all hazards of the Project including premise and operations, products and completed operations, contractual, and personal injury liabilities. The policy shall include collapse and underground coverage as well as explosion coverage if explosion hazards exist. Aggregate limits shall apply on a location or project basis. Minimum acceptable limits are: General aggregate limit $2,000,000 Products and completed operations and arising from acts aggregate $1,000,000 Each occurrence limit $1,000,000 Personal injury aggregate $1,000,000 9.3.3 The Contractor shall have Automobile Liability insurance against claims for bodily injury, death or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or property damage resulting from the carelessnessmaintenance, negligence ownership or improper conduct use of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-ownedowned and hired automobiles, leasedtrucks and trailers. Minimum acceptable limit is: Any one accident or loss $500,000 9.3.4 For the portion of projects which are new construction, hired or borrowed vehicles the Contractor shall procure and must include coverage for blanket contractual liability for maintain Builder’s Risk insurance naming the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ CompensationOwner, if applicableContractor, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, any Subcontractor as insureds as their interest may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City appear. Covered causes of Xxxxx loss form shall be furnished with a certificate all Risks of insuranceDirect Physical Loss, which shall provide that such endorsed to include flood, earthquake, transit and sprinkler leakage where sprinkler coverage is applicable. Unless specifically authorized in writing by the Owner, the limit of insurance shall not be changed or canceled, without ten days prior written notice to less than the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance initial contract amount and coverage shall be delivered to apply during the City of Xxxxx prior to entire contract period and until the issuance of any Work Orderwork is accepted by the Owner.

Insurance Requirements. Borrower agrees to maintain general liability insurance and to keep the Collateral insured against loss or damage by fire and extended coverage perils, theft, burglary, risk of loss by collision (for any or all Collateral which are vehicles) and such other risks as Lender may reasonably require. The Contractor assumes all risks incident liability insurance coverage shall be in an amount standard for companies similar to or Borrower in connection with its purpose to Borrower’s industry in Borrower’s geographic region. The property insurance coverage shall be conducted herein under and shall indemnify, defend and save in an amount no less than the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out full replacement value of the Contractor’s operations Collateral. All insurance policies shall be in a form, with companies and arising from acts with deductible amounts reasonably acceptable to Lender. Borrower shall deliver to Lender policies or omissions certificates of its employees insurance evidencing such coverage. Each policy shall name Lender as a loss payee and an additional insured, shall indemnify, defend, save harmless provide for coverage to Lender regardless of the City of Xxxxx from any penalties for violation breach by Borrower of any lawwarranty or representation made therein, ordinance or regulation affecting or having application shall not be subject to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, nonco-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableinsurance, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall coverage may not be changed canceled or canceled, without ten altered by the insurer except upon thirty (30) days prior written notice to Lender. Borrower appoints Lender as its attorney-in-fact to make proof of loss, claim for insurance and adjustments with insurers, and to receive payment of and execute or endorse all documents, checks or drafts in connection with insurance payments, provided that Lender shall not act as Borrower’s attorney-in-fact unless Borrower is in default. If any item of Collateral is materially damaged or suffers a casualty event, Borrower shall give to Lender prompt notice thereof. Borrower shall determine within twenty (20) days after the City date on which such damage or casualty event occurs whether such item of XxxxxCollateral can be repaired. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSUREDIf Borrower determines that such item of Collateral can be repaired with commercially reasonable efforts, Borrower shall cause such item of Collateral to be promptly repaired. Certificates If Borrower determines that such item of Insurance Collateral cannot be repaired with commercially reasonable efforts, Borrower shall either (i) promptly replace such item of Collateral with equipment useful in the business of Borrower of equal or greater value free and clear of all liens and encumbrances except for Permitted Liens and the Loan with respect to such Collateral shall continue in full force and effect as though such damage or destruction has not occurred, or (ii) pay to Lender an amount equal to the Balance Due Value for the item of Collateral for the Basic Loan Payment due date immediately preceding such damage or casualty event and the applicable Loan will terminate with respect to such item of Collateral and the Basic Loan Payment under the applicable Loan Schedule will be reduced thereafter pro rata by the original cost of the item of Collateral suffering such damage or loss. All proceeds of insurance received by Lender, the designated loss payee or Borrower under any insurance policy shall be delivered applied to the City of Xxxxx prior to the issuance cost of any Work Ordersuch repair or replacement so long as no Event of Default has occurred and is continuing at the time such proceeds are received.

Insurance Requirements. The Contractor assumes all risks incident to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Order.

Insurance Requirements. The Contractor assumes 5.1 All of Tenant's contractors shall carry worker's compensation insurance covering all risks incident to or of their respective employees, and shall also carry public liability insurance, including property damage, all with limits, in connection form and with its purpose companies as are required to be conducted herein under carried by Tenant as set forth in the Lease. 5.2 Tenant shall carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of the Tenant Improvements, and such other insurance as Landlord may reasonably require, it being understood and agreed that the Tenant Improvements shall be insured by Tenant pursuant to the Lease immediately upon completion thereof. Such insurance shall be in amounts and shall indemnifyinclude such extended coverage endorsements as may be reasonably required by Landlord including, defend but not limited to, the requirement that all of Tenant's contractors shall carry excess liability and save Products and Completed Operation coverage insurance, each in amounts not less than $500,000 per incident, $1,000,000 in aggregate, and in form and with companies as are required to be carried by Tenant as set forth in the City of Xxxxx harmless from damage or injuries of whatever nature or kind Lease. 5.3 Certificates for all insurance carried pursuant to persons or property arising directly or indirectly out this Improvement Agreement must comply with the requirements of the Contractor’s operations Lease and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to Landlord before the City commencement of Xxxxx prior construction of the Tenant Improvements and before the contractor's equipment is moved onto the site. In the event the Tenant Improvements are damaged by any cause during the course of the construction thereof, Tenant shall promptly repair the same at Tenant's sole cost and expense. Tenant's contractors shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Product and Completed Operation Coverage insurance required by Landlord, which is to be maintained for the issuance remaining Lease Term following completion of the work and acceptance by Landlord and Tenant. All policies carried under this Paragraph 5 shall name Landlord and Tenant as "Additional Insureds". All insurance maintained by Tenant's contractors shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the owner and that any Work Orderother insurance maintained by owner is excess and noncontributing with the insurance required hereunder.

Insurance Requirements. The Contractor assumes shall not commence performing services under this Contract unless and until all risks incident insurance required by this Article is in effect, and shall ensure continuous insurance coverage in the manner, form, and limits required by this Article throughout the term of the Agreement. (a) The Contractor shall maintain, at its expense, Commercial General Liability Insurance covering the Contractor as Named Insured and the Corporation as an Additional Insured in the amount of at least Two Million Dollars ($2,000,000) per occurrence. Such insurance shall protect the Corporation and the Contractor from claims for property damage and/or bodily injury, including death that may arise from any of the operations under this Contract. Coverage under this insurance shall be at least as broad as that provided by the most recently issued Insurance Services Office (“ISO”) Form CG 0001, and shall be "occurrence" based rather than “claims-made.” (b) At the Corporation’s direction, if professional services are provided pursuant to or in connection with its purpose this Contract, each of the Contractor and all subcontractors of the Contractor providing professional services, shall maintain and submit evidence of Professional Liability Insurance appropriate to the type(s) of such services to be conducted herein provided under and this Contract in the amount of at least One Million Dollars ($1,000,000) per claim. The policy or policies shall indemnify, defend and save include an endorsement to cover the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property liability assumed by the Contractor under this Contract arising directly or indirectly out of the Contractor’s operations and arising from acts negligent performance of professional Services or omissions caused by an error, omission or negligent act of the Contractor or of its employees and employees. (c) Claims-made policies will be accepted for Professional Liability Insurance. All such policies shall indemnify, defend, save harmless the City have an extended reporting period option or automatic coverage of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employeesnot less than two years. In this connectionIf available as an option, the Contractor shall carry Insurances purchase extended reporting period coverage effective on cancellation or termination of such insurance unless a new policy is secured with a retroactive date, including at least the last policy year. (d) In addition to the other coverage required hereunder, the Contractor shall maintain, and ensure that each subcontractor maintains, all insurance coverage required by law. (e) If vehicles are used in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for provision of Services, then the obligations assumed under contract Comprehensive Contractor shall maintain Business Automobile Liability insurance in the amount of at least One Million Dollars ($1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all 1,000,000) each accident combined single limit for liability arising out of ownership, maintenance or use of any owned, non-owned, leased, or hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx in connection with this Contract. Coverage shall be furnished with a certificate of insuranceat least as broad as the most recently issued ISO Form CA0001. (f) If vehicles are used for transporting hazardous materials, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Business Automobile Liability Insurance shall be delivered endorsed to the City provide pollution liability broadened coverage for covered vehicles (endorsement CA 99 48) as well as proof of Xxxxx prior to the issuance of any Work OrderMCS-90.

Insurance Requirements. The Contractor assumes all risks incident Vendor agrees to maintain the following minimum insurance requirements for the duration of this Agreement to cover liabilities for claims or damages that Vendor agrees, or a court of law with a final order that cannot be appealed, determines are caused solely by Vendor; Vendor will bear no responsibility for insurance coverage relating to claims that arise in connection with the negligence or willful misconduct of TIPS or any of TIPS Members, officers, employees, Directors, Trustees or agents while acting within the scope of their position or in connection with TIPS’ or its purpose to be conducted herein under Members’ use or misuse of Vendor’s products, services, property or data. TIPS and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions each of its employees and shall indemnifyMembers, defendagrees to maintain the following below insurance coverage or be self-insured to cover liabilities for claims that are caused by TIPS, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor its Members or any end users. All policies held by Vendor to adhere to this term shall be written by a carrier with a financial size category of its agents or employeesVII and at least a rating of “A‐” by A.M. Best Key Rating Guide. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles The coverages and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services limits are to be performed Must include coverage for Longshoremen’s considered minimum requirements and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella in no way limit the liability policy, which follows form, may be used of the Vendor(s). Any immunity available to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance TIPS or TIPS Members shall not be changed used as a defense by the contractor's insurance policy. Vendor’s required minimum coverage shall not be suspended, voided, cancelled, non‐renewed or canceled, without ten reduced in coverage or in limits unless replaced by a policy that provides the minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing. Upon request, certified copies of all insurance policies shall be furnished to the City of XxxxxTIPS or the TIPS Member. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSUREDGeneral Liability: $1,000,000 each Occurrence/Aggregate Automobile Liability: $300,000 Includes owned, hired & non‐owned Workers' Compensation: Statutory limits for the jurisdiction in which the Vendor performs under this Agreement. Certificates of Insurance If Vendor performs in multiple jurisdictions, Vendor and TIPS and its Members shall be delivered to each maintain the City of Xxxxx prior to statutory limits for the issuance of any Work Order.jurisdiction with the greatest dollar policy limit requirement. Umbrella Liability: $1,000,000 each Occurrence/Aggregate

Insurance Requirements. The Contractor assumes all risks incident Tenant shall in its construction contract with any Prime Contractor, require such contractor to carry and maintain with insurance companies having "A.M. Best's" rating of "A" "VII" or better (unless a different rating is expressly approved in connection with its purpose writing by Landlord as to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionparticular insurance coverage), the Contractor shall carry Insurances in the following amountsinsurance coverage indicated below as a minimum requirement: Commercial Type of Coverage Limits of Liability Worker's Compensation * Statutory per State of California Employer's Liability $1,000,000 Each 2,000,000.00 Commercial General Liability ** $2,000,000.00 Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Form Broad Form Contractual Liability Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend 2,000,000.00 * Tenant shall cause the Prime Contractor to furnish an endorsement from its insurer waiving rights of subrogation against Landlord and its insurers under such insurance coverage. ** Tenant shall cause the Prime Contractor to have its insurer or insurance agency furnish Landlord with an appropriate certificate of insurance reflecting Landlord and its members named as "Additional Insureds". Tenant shall cause appropriate Builder's Risk insurance (covering "all ownedrisks", non-owned, leased, hired including earthquake and flood) in form and content reasonably acceptable to Landlord to be carried during the course of construction of the Shell Improvements and the Interior Improvements. Landlord and Tenant shall consult as to any insurance coverage programs which either Landlord or borrowed vehicles and must include Tenant may propose with regard to seeking to provide appropriate insurance coverage for blanket contractual liability at the least expense during the course of construction of the Improvements. Tenant or its Prime Contractor shall bear the sole responsibility for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are payment of the premiums for the foregoing insurance policies (but such shall not preclude Tenant from subsequently including any such premium costs in any requests for any disbursements of the Improvement Allowance pursuant to be performed Must include coverage for Longshoremen’s Paragraphs 3 and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used 4 above to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that extent any such insurance shall not be changed or canceled, without ten days prior written notice is included within the category of expenses which are subject to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Order.payment from such Improvement Allowance)

Insurance Requirements. 9.1 The Contractor assumes shall provide, with each original of the signed Contract, an insurance certificate or certificates acceptable to the Owner and XXXX. The Contractor shall submit insurance certificates to the Owner and XXXX at the commencement of this Contract and at policy renewal or revision dates. The certificates shall identify the project name and XXXX project number, and shall name the Owner as certificate holder and as additional insured for general liability and automobile liability coverages. The submitted forms shall contain a provision that coverage afforded under the insurance policies will not be canceled or materially changed unless at least ten days prior written notice by registered letter has been given to the Owner and XXXX. 9.2 The Owner does not warrant or represent that the insurance required herein constitutes an insurance portfolio which adequately addresses all risks incident faced by the Contractor or its Subcontractors. The Contractor is responsible for the existence, extent and adequacy of insurance prior to commencement of work. The Contractor shall not allow any Subcontractor to commence work until all similar insurance required of the Subcontractor has been confirmed by the Contractor. 9.3 The Contractor shall procure and maintain primary insurance for the duration of the Project and, if written on a Claims-Made basis, shall also procure and maintain Extended Reporting Period (ERP) insurance for the period of time that any claims could be brought. The Contractor shall ensure that all Subcontractors they engage or employ will procure and maintain similar insurance in connection with its purpose form and amount acceptable to the Owner and XXXX. At a minimum, the insurance shall be conducted of the types and limits set forth herein under and shall indemnify, defend and save protecting the City of Xxxxx harmless Contractor from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of claims which may result from the Contractor’s execution of the Work, whether such execution be by the Contractor or by those employed by the Contractor or by those for whose acts they may be liable. All required insurance coverages shall be placed with carriers authorized to conduct business in the State of Maine by the Maine Bureau of Insurance. 9.3.1 The Contractor shall have Workers’ Compensation insurance for all employees on the Project site in accordance with the requirements of the Workers’ Compensation law of the State of Maine. Minimum acceptable limits for Employer’s Liability are: Bodily Injury by Accident $500,000 Bodily Injury by Disease $500,000 Each Employee Bodily Injury by Disease $500,000 Policy Limit When applicable, a Sole Proprietor, or Partner or Member of a Limited Liability Company shall provide evidence of an approved application for waiver from the Workers’ Compensation Board regarding employment of a parent, spouse, domestic partner, or child. 9.3.2 The Contractor shall have Commercial General Liability insurance providing coverage for bodily injury and property damage liability for all hazards of the Project including premise and operations, products and completed operations, contractual, and personal injury liabilities. The policy shall include collapse and underground coverage as well as explosion coverage if explosion hazards exist. Aggregate limits shall apply on a location or project basis. Minimum acceptable limits are: General aggregate limit $2,000,000 Products and completed operations and arising from acts aggregate $1,000,000 Each occurrence limit $1,000,000 Personal injury aggregate $1,000,000 9.3.3 The Contractor shall have Automobile Liability insurance against claims for bodily injury, death or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or property damage resulting from the carelessnessmaintenance, negligence ownership or improper conduct use of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-ownedowned and hired automobiles, leasedtrucks and trailers. Minimum acceptable limit is: Any one accident or loss $500,000 9.4 The Owner has determined the appropriate coverage, hired or borrowed vehicles and must include verified the coverage for blanket contractual liability for with the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableState of Maine Division of Risk Management, and coverage selected the proper option as follows. Property Insurance for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx this construction contract shall be furnished with as described below in section . 9.4.1 Non-standard project insured by the Contractor – The Contractor shall procure and maintain property insurance naming the Owner, Contractor, and any Subcontractor as insureds as their interest may appear. “Non-standard project” means, in this Agreement, an unusual public improvement which is not a certificate building structure, and is not currently insured nor would be insured by the State of insuranceMaine Division of Risk Management. Covered causes of loss form shall be all Risks of Direct Physical Loss, which shall provide that such endorsed to include flood, earthquake, and transit. Unless specifically authorized in writing by the Owner, the limit of insurance shall not be changed or canceledless than the initial contract amount and coverage shall apply during the entire contract period and until the work is accepted by the Owner. 9.4.2 New construction insured by the Contractor – The Contractor shall procure and maintain Builder’s Risk insurance naming the Owner, without ten days prior written notice Contractor, and any Subcontractor as insureds as their interest may appear. Covered causes of loss form shall be all Risks of Direct Physical Loss, endorsed to include flood, earthquake, transit and sprinkler leakage where sprinkler coverage is applicable. Unless specifically authorized in writing by the Owner, the limit of insurance shall not be less than the initial contract amount and coverage shall apply during the entire contract period and until the work is accepted by the Owner. 9.4.3 Renovations and additions to existing State-owned buildings insured by the State of Maine Division of Risk Management – Builder’s Risk insurance will be provided by the State of Maine in accordance with the terms and conditions of the State’s property policy. The Owner shall notify the State of Maine Division of Risk Management concerning the project, including the nature and value of the work, planned start and completion date, and the name of the General Contractor. Said insurance coverage shall cover the interests of the Contractor and Subcontractor, as their interests may appear. Exclusions common to commercial property policies may be applicable. A Builder’s Risk certificate of insurance will be furnished to the City Contractor upon request. The $500 per occurrence deductible is the responsibility of Xxxxxthe Contractor. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSUREDShould the Contractor or Subcontractor desire coverage in excess of that maintained by the State, it must be acquired by the Contractor and at Contractor expense. 9.4.4 Renovations and additions to existing buildings not insured by the State of Maine Division of Risk Management – The Contractor shall procure and maintain Builder's Risk insurance naming the Owner, Contractor and all Subcontractors as insureds as their interests may appear. Certificates The covered cause of Insurance loss form shall be delivered Risks of Direct Physical Loss, endorsed to include flood, earthquake, testing and ensuing loss and shall include coverage for materials in transit and materials stored off site. Coverage shall be on a replacement cost and a completed value basis. Unless specifically authorized by the City Owner, the limit of Xxxxx prior to insurance shall not be less than the issuance contract amount and coverage shall apply during the entire contract period until the Certificate of any Work OrderSubstantial Completion is accepted by the Owner.

Insurance Requirements. The Contractor assumes all risks incident (a) Unless otherwise agreed in writing, the parties’ obligations with respect to the procurement and maintenance of the property, commercial general liability, and other insurance coverage for the Golf Resort throughout the Term (or in connection with its purpose at such other times during the Term as shall be appropriate depending upon the type of insurance required to be conducted herein procured), shall be as set forth in this Article IX. (b) Except as set forth in Article 9.3, all insurance provided under Article IX shall be effected by policies issued by insurance companies with sound financial strength and maintain a minimum rating of A:VII in Am Best’s Key rating guide or equivalent. If agreed to in writing by City and Troon, such insurance may be carried under Troon’s comprehensive country club insurance program covering the Golf Resort and other locations provided the policies within such program otherwise comply with all of the requirements set forth in this Article IX. (c) Certificates of insurance and endorsements shall indemnifybe delivered to City or Troon, defend as applicable, on or before the date of this Agreement, and save all insurance policies shall be renewed (or replaced, as appropriate) prior to their respective expiration dates. (d) All applicable insurance policies described in this Article IX shall be written in the name of Troon or City, with the other included as an additional insured thereon (as its interests may appear), except for worker’s compensation insurance and any other insurance with respect to which it is impractical or inappropriate to name City, or any other parties as a named insured or an additional insured. (e) All property insurance policies shall be explicitly endorsed to the effect that the proceeds of any building, contents, or business interruption losses shall be made payable to the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of (except for the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation proceeds of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of business interruption insurance, which shall provide be payable to Troon as set forth herein). All such insurance policies shall also be explicitly endorsed to the effect that such insurance policies shall not only be canceled or materially changed or canceled, without ten with at least thirty (30) calendar days prior written notice to City and Troon. (f) So long as this Agreement remains effective, Troon and the City shall have no rights of Xxxxxsubrogation and respectively waive (i) any right to enforce any remedy which the other now has or hereafter may have hereunder or otherwise under applicable law, and (ii) any benefit of, and any right to participate in, any security interest(s) the other may now or hereafter hold in relation to such remedies. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Neither City nor Troon shall have any claim against the other with respect to the failure of any insurance carrier to provide the coverage or protection placed with such carrier as contemplated by this Agreement. (g) Certificates of Insurance insurance and endorsements shall be delivered sent to City and/or Troon, as applicable, at the addresses shown in Article 15.3 below. (h) City and Troon shall review all coverage limits and deductible amounts set forth in this Article IX from time to time for the purpose of determining the coverage limits and deductible amounts then appropriate for properties similar in type and construction to the City Golf Resort and for the nature of Xxxxx prior to the issuance of any Work Orderbusiness being conducted.

Insurance Requirements. (1) Manager agrees to secure and maintain in full force and effect for the full Term of this Agreement, at Manager’s sole cost and expense, except the extent set forth in the Approved Budget hereunder, the insurance coverage, with the required terms and conditions, set forth in this Section 7.1: (a) Workers Compensation Insurance in compliance with the laws of the State of California, including Employers Liability Insurance, in an amount not less than $1,000,000 per occurrence. (b) Manager has the responsibility to manage, operate, conduct day-to- day maintenance, and coordinate and oversee other parties’ work on the Property. Its Commercial General Liability Insurance shall cover such responsibilities and shall be written on an occurrence form, CG 00 01 or equivalent, with defense costs in addition to limits, insuring Bodily Injury, Personal Injury, and Property Damage, including Premises and Operations coverage for the entire ARTIC Site (except for any areas otherwise specifically carved out of Manager’s area of responsibility), Product and Completed Operations coverage, Contractual Liability coverage, in an amount not less than $1,000,000 per occurrence, and not less than $2,000,000 in the aggregate for this location and Agreement. The Contractor assumes City (as named insured means, the City of Anaheim, its elected and appointed officials, officers, employees and agents) and the Manager shall each be specifically and separately included as named as named insureds on such policies as respects operating and managing the ARTIC Site in accordance with the terms of this Agreement. Such insurance shall be the primary coverage, shall provide coverage for the Premises risk for the entire ARTIC Site (except for any areas otherwise specifically carved out of Manager’s area of responsibility) and shall not seek contribution from any insurance or self-insurance maintained by the additional insureds. Such Commercial General Liability Insurance shall provide coverage for third-party injuries and losses which may occur, have occurred, or are alleged to have occurred, and shall respond whether or not a claimed loss has, or has not, been proven to be valid; such to the terms and conditions of the policy and pursuant to this Agreement. Comprehensive Automobile Liability Insurance on all risks incident owned, non- owned, hired or leased automotive equipment used in the performance of the Services, in an amount not less than $1,000,000 per occurrence, combined single limit, written on an occurrence form. (c) Excess or Umbrella Liability Insurance excess of the underlying Commercial General, Automobile, and Employer’s Liability, in an amount such that when added to the primary coverage required above shall not be less than $10,000,000 per occurrence, written on an occurrence form, and not less than $10,000,000 in the aggregate for this location and Agreement. The policy shall be concurrent with and follow the form of the underlying insurance, including additional insured provisions and shall be primary and noncontributing with any insurance maintained by the additional insureds. Should this insurance have claims filed against it that are reasonably expected to erode 70% of the aggregate limits for any policy period, Manager shall notify City’s Risk Manager to discuss procurement of coverage to reinstate the limits. (d) All-Risk Property Insurance in an amount equal to the replacement value of Manager’s personal property and equipment at the Property, if any. (e) Crime Insurance for the benefit of City, including both first-party and third-party fidelity coverage, covering all of Manager’s employee involved in handling or accounting for cash and other types of monetary instruments taken in by Manager in the course of business (including but not limited to checks and credit card transaction records), and covering Manager’s collection and retention of funds received in the course of business for loss exposures including, but not limited to, theft (inside and outside), robbery, mysterious disappearance, computer fraud, and depositor’s forgery. (2) If Manager’s work includes professional design or engineering services, by professionals on staff or under a consulting agreement, Manager must secure, acquire and maintain, or require its independent consultant to acquire and maintain, Professional Liability Insurance in limits not less than $1,000,000, per occurrence and aggregate, covering the professional services performed in connection with its purpose the Property and continuing in force by renewal or extended reporting provision for not less than three years after completion of such professional design or engineering services. This coverage form may be “claims made” and include defense expense within the limit of liability. (3) On insurance policies where the City is named as an insured, the City shall be an insured to be conducted the full limits of liability purchased by the Manager, even if such limits of liability are in excess of those required by this Agreement. If a policy has language to the contrary, Manager must secure and provide to City an endorsement removing such limitation. Any agreements entered into by either Manager or City, subsequent to the effective date of this Agreement with respect to the Property shall name City and Manager as additional insureds (on all applicable coverages) and, to fullest extent obtainable, shall provide for a waiver of subrogation. (4) The limits of coverage set forth herein under are only minimum requirements and shall indemnify, defend and save the City not serve to limit any higher levels of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out coverage otherwise purchased by Manager. (5) Manager’s insurance coverages required herein must include a waiver of the Contractor’s operations insurance companies’ rights of subrogation against City and arising from acts or omissions the Indemnitees and City hereby agrees to cause its insurance companies to waive their rights to subrogation against Manager. (6) Prior to beginning work under this Agreement, Manager shall submit to City evidence of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In coverages required in this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableSection 7.1, and within 30 days of the effective date of this Agreement shall submit endorsements to Manager’s coverage for Federal Employers’ Liability Actin form and substance satisfactory to City as required in this Section 7.1, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain including additional insured requirements. If the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall information is not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Order.submitted within ten

Insurance Requirements. i) The Contractor assumes all risks incident to or shall obtain and retain in connection with its purpose to be conducted herein under and shall indemnify, defend and save force for the City duration of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectioncontract, the following forms of insurance written by an insurance company licensed and admitted in Idaho. The Contractor shall carry Insurances in furnish the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for Idaho Department of Lands with an Xxxxx Form or Certificate of Insurance executed by a duly authorized representative of each insurer, showing compliance with the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which insurance requirements set forth below. All certificates shall provide that such insurance shall not be changed or canceled, without for ten days prior (10) days’ written notice to the City Idaho Department of XxxxxLands prior to cancellation or material change of any insurance referred to therein. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSUREDAll policies required shall be written such that the insurance of the Contractor is primary, and any insurance carried by the state of Idaho, its departments, agents, officials, and employees shall be excess and not contributory to the insurance provided by the Contractor. All policies shall be endorsed to include the “state of Idaho, its departments, agents, officials, and employees as additional insureds” and shall protect the Contractor and IDL from claims for damages for bodily injury, including accidental death, as well as for claims for property damages, which may arise from operations under this contract whether such operations be by the Contractor, his employees, subcontractors, agents, or guests. All policies shall contain waiver of subrogation coverage or endorsements. Failure of the Idaho Department of Lands to demand such certificate(s) or other evidence of full compliance with these insurance requirements, or failure of the Idaho Department of Lands to identify a deficiency from evidence that is provided, shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. Failure to maintain the required insurance may result in termination of this contract. The Contractor shall provide certified copies of all insurance policies required within ten (10) days if requested by the Idaho Department of Lands. ii) By requiring insurance herein, the Idaho Department of Lands does not represent that coverage and limits will necessarily be adequate to protect Contractor and such coverage and limits shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to IDL in this contract. iii) The Contractor shall require all subcontractors utilized in performance of this contract to provide Certificates of Insurance shall be delivered to the City Idaho Department of Xxxxx prior to Lands evidencing insurance coverage with the issuance of any Work Orderrequired additional insured endorsements as set forth in the preceding paragraphs.

Insurance Requirements. The Contractor assumes all risks incident to or in connection with its purpose to be conducted herein under A. Seller shall take out and shall indemnify, defend and save maintain throughout the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out term of the Contractor’s operations Contract and arising from acts or omissions for a period of its employees 1 year after termination of the Contract and shall indemnify, defend, save harmless the City of Xxxxx from during any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances warranty work insurance in the following amounts: types and limits; provided that if no limit is specified below (i.e. commercial general liability), Seller shall provide Elk Ridge its current limits for that coverage: i. Commercial Liability general liability insurance. Such insurance shall cover bodily injury and property damage; including liability arising from premises, operations, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract); and ii. Professional liability (E&O) insurance with a 1 year extended reporting period in an amount of $1,000,000 Each Occurrence per claim and $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide annual aggregate; provided that such insurance is only required if the Services involve professional services including, but not limited to, engineering, architectural, surveying or consulting services. B. Seller and its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Elk Ridge and its affiliates, officers, employees, and agents for all claims and suits. The certificates of insurance must reflect the waiver of subrogation endorsement. C. Prior to performing Services pursuant to the Contract, Seller shall not be changed provide Elk Ridge acceptable certificates of insurance evidencing the required coverages, endorsements, and if requested insurance policies. Seller shall provide copies of all insurance policies and endorsements required in this Section to Elk Ridge within 10 days of Elk Ridge’s written request. Each insurance policy shall provide by endorsement for 30 days written notice to Elk Ridge prior to the effective date of any cancellation or canceledmaterial adverse change, without ten and in the event of cancellation for non- payment of premium, 10 days prior written notice; provided, however if Seller is unable to abide by such requirements, Seller must notify Elk Ridge immediately should any of the above described policies be cancelled before the expiration date, if the insured receives a non-renewal notice from its carrier, or any material adverse change of coverage. Seller must cease operations under the Contract and not resume operations until required coverage is in place and proof is provided to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work OrderElk Ridge.

Insurance Requirements. The Contractor assumes (a) RILG shall carry and maintain insurance in full force and effect throughout the term of this Agreement, at its sole cost, with Acceptable Insurance Companies or through self-insurance retentions (only if RILG demonstrates to the satisfaction of RIRRC the financial ability to do so) in amounts no less than, and with deductibles not more than, the liability, insurance coverage set forth on the attached Exhibit F. (b) RIRRC shall carry and maintain insurance throughout the term of this Agreement, at its sole cost, with Acceptable Insurance Companies or through self-insurance retentions (only if RIRRC demonstrates to the satisfaction of RILG the financial ability to do so) and deductibles in amounts customarily maintained by RIRRC and other similarly situated waste management systems with respect to works and projects of like character. (c) Each Party shall obtain from its insurers with respect to such insurance, endorsements (i) naming as additional insured under such policy the other Party and the other Party’s successors and assigns (collectively, the “Additional Insureds”); (ii) providing full waivers of subrogation against the Additional Insureds with respect to any liability, property and workers’ compensation policies (provided such waivers do not cause any increase in the applicable premiums payable by the Party carrying such insurance); (iii) providing that all risks incident to or in connection with its purpose to self-insured retentions and deductibles and the premium costs of all such policies shall be conducted herein under and shall indemnify, defend and save for the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out sole account of the Contractor’s operations Party carrying such insurance and arising from acts or omissions to the exclusion of its employees and shall indemnifythe Additional Insureds; (iv) providing that such policies are primary as respects the Additional Insureds, defend, save harmless the City of Xxxxx from any penalties for violation regardless of any law“excess” or “other insurance” clauses therein; and (v) providing that cancellations of, ordinance or regulation affecting or having application to said operation or resulting from the carelessnessmaterial changes to, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance policies shall not be changed or canceled, without ten become effective until 30 days prior written after notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be thereof has been delivered to the City of Xxxxx prior other Party. Each Party shall deliver to the issuance other Party certificates of any Work Orderinsurance evidencing the coverage and endorsements described in this Section 9.1.

Insurance Requirements. The Contractor assumes All insurance and all risks incident to or in connection with its purpose renewals ---------------------- thereof required to be conducted herein under obtained by Tenant hereunder shall be issued by financially sound companies approved by Landlord, such approval not to be unreasonably withheld or delayed, and shall indemnify, defend authorized to do and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances doing business in the following amounts: Commercial Liability $1,000,000 state in which the Property is located. Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City policy of Xxxxx Tenant's insurance shall be furnished with a certificate of insurance, which shall expressly provide that such insurance the policy shall not be changed canceled or canceled, materially altered without ten thirty (30) days prior written notice to the City Landlord and shall remain in effect notwithstanding any such cancellation or alteration until such notice shall have been given to Landlord and such period of Xxxxxthirty (30) days shall have expired. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates All liability insurance of Insurance Tenant (except employers liability) shall name Landlord and any other parties designated by Landlord (including any investment manager, asset manager or property manager) as an additional insured, shall be delivered primary and noncontributing with any insurance which may be carried by Landlord, shall afford coverage for all claims based on any act, omission, event or condition that occurred or arose (or the onset of which occurred or arose) during the policy period, and shall expressly provide that Landlord, although named as an insured, shall nevertheless be entitled to recover under the policy for any loss, injury or damage to Landlord. All property insurance of Tenant shall name Landlord as loss payee as respects Landlord's interest in any improvements and betterments. Tenant shall deliver certificates of insurance, acceptable to Landlord, to Landlord by the complete execution of this Lease and at least ten (10) days before expiration of each policy. If Tenant fails to insure or fails to furnish any such insurance certificate, Landlord shall have the right from time to time to effect such insurance for the benefit of Tenant or Landlord or both of them, and Tenant shall pay to Landlord on written demand, as additional rent, all premiums paid by Landlord. Notwithstanding the foregoing, Tenant's liability insurance (i) shall only insure Landlord to the City extent the insurance company is responsible for the payment of Xxxxx prior the claim without reimbursement from Tenant through a deductible or otherwise, and (ii) shall not prevent Tenant or Tenant's insurer from taking action against Landlord's insurer to defend a claim or cover a loss caused, or alleged to have been caused, in whole or in part, by the issuance negligence or intentional misconduct of any Work OrderLandlord.

Insurance Requirements. The Contractor assumes all risks incident will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII—Admitted) or better in Best’s Insurance Rating Guide and shall be legally licensed and qualified to or conduct business in connection the State of California: The Contractor shall procure and maintain, at its sole expense, Workers’ Compensation Insurance in such amounts as will fully comply with its purpose to be conducted herein under the laws of the State of California and which shall indemnify, defend insure and save provide legal defense for the Contractor and the City, the Housing Authority and CSD against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the Agreement. This coverage may be waived if the Contractor is determined to be functioning as a sole proprietor and the city provided form “Exception to Worker’s Compensation Coverage” is signed, notarized and attached to this Agreement □ General Liability Insurance—to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the Contractor, sub-Contractor, or any person acting for the Contractor or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum amounts provided below: Bodily Injury $1,000,000 per occurrence/ $2,000,000 aggregate Property Damage $500,000 per occurrence/ $500,000 aggregate □ Professional Errors and Omission Insurance—such coverage shall not be less than $1,000,000 per claim and aggregate. □ Liability and Property Damage Insurance coverage for owned and non- owned automotive equipment operated on City/CSD/Housing Authority premises. Such coverage limits shall not be less than $1,000,000 combined single limit. □ A Certificate of Insurance and appropriate additional insured endorsement evidencing the above applicable insurance coverage shall be submitted to the City prior to the execution of this Agreement. The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions: Solely as respect to services done by or on behalf of the named insured for the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnifyXxxxxx Valley, defend, save harmless it is agreed that the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionXxxxxx Valley, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableXxxxxx Valley Housing Authority, and coverage for Federal Employers’ Liability Actthe Xxxxxx Valley Community Services District, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policytheir officers, which follows form, may employees and agents are included as additional insured under this policy and the coverage(s) provided shall be used primary insurance and not contributing with any other insurance available to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx Xxxxxx Valley, the Xxxxxx Valley Housing Authority, and the Xxxxxx Valley Community Services District, its officers, employees and agents, under any third party liability policy The terms of the insurance policy or policies issued to provide the above coverage shall neither be furnished with a certificate of insurance, which amended to reduce the required insurance limits and coverages nor shall provide that such insurance shall not policies be changed or canceled, canceled by the carrier without ten thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the City City, except that cancellation for non-payment of Xxxxxpremium shall require ten (10) days prior written notice by certified or registered mail. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to In the City of Xxxxx event the insurance is canceled, the Contractor shall, prior to the issuance cancellation date, submit new evidence of any Work Orderinsurance in the amounts established.

Insurance Requirements. a) Before commencing the Work and before any tools or equipment are moved to the Project site, and before being entitled to receive any payment, Subcontractor shall furnish CTM with certificates of insurance and copies of policies and appropriate endorsements to Subcontractor’s insurance policies which conform to the requirements of the Contract Documents, (each and all of which certificates, endorsements and Subcontractor’s insurance policies are herein referred to collectively as the “Insurance Documents”). The Contractor assumes Insurance Documents shall provide coverage, limits of liability and other provisions and terms strictly in accordance with the Contract Documents. Upon CTM’s request from time to time, Subcontractor shall provide copies of the actual insurance policies providing coverage as required by this Subcontract, including all risks incident endorsements to such policies. In no event shall the insurance requirements be less than those outlined in Exhibit A. b) If any portion of the Work is sublet with CTM’s consent, Subcontractor shall impose upon each lower tier sub-subcontractor the same insurance provisions as are contained in this Subcontract, and documents evidencing such insurance shall be provided to CTM. Subcontractor shall be responsible to ensure that all of its sub-subcontractors or material suppliers provide insurance coverage to CTM in connection compliance with its purpose this Subcontract. c) Subcontractor agrees that CT Mechanical, LLC and all parties required by the Contract Documents to be conducted herein named additional insureds (hereafter “Additional Insureds”) shall be added by endorsement as additional insureds to Subcontractor’s commercial general liability, automobile liability, excess coverage and other Insurance Documents, as required. The insurance coverage to be afforded to the Additional Insureds under and Subcontractor’s insurers shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind be with respect to persons or property liability arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees Work to be performed under this Subcontract and shall indemnify, defend, save harmless be Primary/Noncontributory to any insurance carried independently by the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor Additional Insureds or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurancethem, which shall be excess and noncontributory. To the fullest extent permitted by law, Subcontractor waives all rights of subrogation against the Additional Insureds concerning Subcontractor’s insurance and also agrees that all exclusions or limitations applicable to cross liability or severability of interest arising between the Additional Insureds and Subcontractor contained in such policies shall be deleted by endorsements thereto. Subcontractor further agrees to provide CTM certificates of insurance and endorsements, in form acceptable to CTM, which contain a provision that such insurance CTM shall not be changed or canceled, without ten receive thirty (30) days prior written notice of any reduction in coverage or material change in or cancellation of policies required to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of be maintained by Subcontractor under this Subcontract. d) The Insurance Documents shall be delivered to maintained in full force and effect throughout the City of Xxxxx prior to Project and thereafter as required by the issuance of any Work OrderContract Documents. e) The Insurance Documents must specifically show that the Indemnification Agreements in this Subcontract are specifically covered and Insured.

Insurance Requirements. The Contractor assumes all risks incident to or in connection with its purpose to be conducted herein under and Borrower shall indemnify, defend and save maintain the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out following insurance coverage throughout the Term of the ContractorLoan: (a) Worker’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless Compensation insurance to the City of Xxxxx from any penalties for violation of any extent required by law, ordinance including Employer’s Liability coverage, with limits not less than One Million Dollars ($1,000,000) each accident. (b) Commercial General Liability insurance with limits not less than One Million Dollars ($1,000,000) each occurrence combined single limit and Five Million Dollars ($5,000,000) in the aggregate, annually, for Bodily Injury and Property Damage, including coverages for Contractual Liability, Personal Injury, Broadform Property Damage, Products and Completed Operations. Such insurance coverage shall: (i) Include the City, its council members, officials, commissioners, officers and employees as insured. The coverage shall contain no special limitations on the scope of protection afforded to the above-listed insured. (ii) Be primary with respect to any insurance or regulation affecting or having application self-insurance programs covering the City, its council members, officials, commissioners, officers and employees. (iii) Provide that any failure to said operation or resulting from comply with reporting provisions of the carelessnesspolicies shall not affect coverage provided to the City, negligence or improper conduct of Contractor or any of its agents council members, officials, commissioners, officers or employees. (iv) Include all of Borrower’s subcontractors as insured under its policies or furnish separate certificates and endorsements for each subcontractor. In this connection, All coverages for subcontractors shall be subject to all of the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract requirements stated herein. (c) Comprehensive Automobile Liability insurance with limits not less than One Million Dollars ($1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all 1,000,000) each occurrence combined single limit and Three Million Dollars ($3,000,000) in the aggregate, annually, for Bodily Injury and Property Damage, including coverages for owned, non-ownedowned and hired vehicles, leasedas applicable; provided, hired however, that if the Borrower does not own or borrowed lease vehicles for purposes of this Agreement, then no automobile insurance shall be required. (d) Property insurance covering the Development, in form appropriate for the nature of such property, covering all risks of loss, excluding earthquake, for 100% of the replacement value, with deductible, if any, acceptable to the City, naming the City as a Loss Payee, as its interests may appear. Flood insurance shall be obtained if required by applicable federal regulations. (e) Blanket Fidelity Bond covering all officers and must include coverage employees, for blanket contractual loss of Loan proceeds caused by dishonesty, in an amount not less than One Million Dollars ($1,000,000) naming the City as Loss Payee, as its interests may appear. The Borrower shall cause any general contractor or agent working on the Development under direct contract with the Borrower to maintain insurance of the types and in at least the minimum amounts described in subsections (a), (b), and (c) above, except that the limit of liability for comprehensive general liability insurance for subcontractors shall be One Million Dollars ($1,000,000), and shall require that such insurance shall meet all of the obligations assumed general requirements of subsections (f), (g), (h) and (i) below, including, without limitation, the requirement of subsection (g). Subcontractors working on the Development under indirect contract Workers’ Compensation Statutory Limits where Services are with the Borrower shall be required to maintain the insurance described in subsections (a), (b), and (c) above. Liability and Comprehensive Automobile Liability insurance to be performed Must include coverage for Longshoremen’s maintained by such contractors and Harbor Workers’ Compensationagents pursuant to this subsection shall name as additional insureds the City, if applicableits council members, officials, commissioners, officers, and coverage for Federal Employers’ Liability Actemployees. (f) In addition to the above insurance requirements, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policythe Borrower shall: (i) Prior to commencement to work on the Development, which follows form, may be used to obtain furnish the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City with properly executed certificates of Xxxxx shall be furnished with a certificate of insurance, insurance which shall clearly evidence all insurance required in sections (a) through (e), and provide that such insurance shall not be changed cancelled, allowed to expire or canceled, without ten be materially reduced in coverage except on 30 days prior written notice to the City City. (ii) Provide certified copies of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered endorsements and policies to the City in addition to certificates of Xxxxx insurance. (iii) Replace certificates, policies and endorsements for any such insurance expiring prior to completion of work on the issuance Development. (iv) Place such insurance with insurers licensed to do business in California and having A.M. Best Company ratings of any Work Orderno less than A:VII. (g) The required insurance shall be provided under an occurrence form, and Borrower shall maintain such coverage continuously so long as the Note is outstanding. (h) Commercial General Liability, Comprehensive Automobile Liability and Property insurance policies shall be endorsed to name as an additional insured the City, its council members, officials, commissioners, officers, and employees. (i) All policies and bonds shall be endorsed to provide thirty (30) days prior written notice of cancellation, reduction in coverage, or intent not to renew to the address established for notices to the City.

Insurance Requirements. The Contractor assumes all risks incident Without limiting Consultant’s duties of defense and indemnification: A. Consultant and any subcontractor shall carry Commercial General Liability Insurance, and other coverage necessary to protect County and the public, with limits of $2 million per occurrence or claim. Such coverage shall: 1. Be equivalent to the current Insurance Services Office (ISO) form CG 00 01, assuring coverage for products and completed operations, property damage, bodily injury, and personal and advertising injury. 2. Include an endorsement, or an amendment to the policy of insurance, naming Shasta County, its elected officials, officers, employees, agents, and volunteers as additional insureds; the additional insureds coverage shall be equal to the current ISO forms CG 20 10 for on-going operations, and CG 20 37 for completed operations. 3. Apply separately to this project and location(s); in connection the event of a general aggregate limit, the general aggregate limit shall be twice the required per occurrence limit. 4. Contain, or be endorsed to contain, a “separation of insureds” clause which shall read: “Separation of Insureds. Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each suit insured against whom a claim is made or suit is brought.” B. Consultant and any subcontractor shall carry Automobile Liability Insurance covering any auto, unless Consultant has no owned autos then covering at minimum hired and non-owned autos, with limits of $1 million per occurrence or claim. Such coverage shall: 1. Include, or be endorsed to contain, Additional Insured coverage in favor of Shasta County, its purpose elected officials, officers, employees, agents, and volunteers. C. Consultant and any subcontractor shall carry statutorily required Workers' Compensation Insurance, and Employer's Liability Insurance with limits of $1 million per occurrence or claim, to be conducted herein under cover Consultant, subcontractor, Consultant's partner(s), subcontractor's partner(s), Consultant's employees, and shall indemnifysubcontractor’(s’) employees, defend and save covering the City of Xxxxx harmless from damage full liability for compensation for injury to those employed by Consultant or injuries of whatever nature or kind to persons or property arising directly or indirectly out subcontractor. Consultant hereby certifies that Consultant is aware of the Contractor’s operations provisions of section 3700 of the Labor Code, which requires every employer to insure against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and arising from acts Consultant shall comply with such provisions before commencing the performance of the work or omissions the provision of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application services pursuant to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor agreement. D. Consultant shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicableErrors and Omissions) Insurance, applicable to the Consultant’s profession and the services/work being performed, with limits of not less than $1,000,000 Each Claim 2 million per occurrence or claim, $2,000,000 General Aggregate The City 2 million aggregate. E. Consultant shall carry Pollution Liability Insurance applicable to the Consultant’s profession and the services/work being performed, with limits of Xxxxx not less than $2 million per occurrence or claim, $2 million aggregate. F. With regard to all insurance coverage required by this agreement: (1) Any deductible or self-insured retention exceeding $25,000 for Consultant or subcontractor shall be furnished disclosed to and be subject to approval by the Shasta County Risk Manager prior to the effective date of this agreement; policy shall provide, or be endorsed to provide, that any self-insured retention or deductible may be satisfied by either the named insured or County, and must also provide that defense costs satisfy the self-insured retention or deductible. Any and all deductibles and self-insured retentions shall be the sole responsibility of Consultant or subcontractor who procured such coverage, and shall not apply to the Indemnified Additional Insured Parties. County may deduct from any amounts otherwise due Consultant to fund the self-insured retention or deductible. (2) If any insurance coverage required hereunder is provided on a “claims made” rather than “occurrence” form, Consultant or subcontractor shall maintain such coverage with an effective date earlier or equal to the effective date of this agreement and continue coverage for a certificate period of three years after the expiration of this agreement and any extensions thereof. In lieu of maintaining post-agreement expiration coverage as specified above, Consultant or subcontractor may satisfy this provision by purchasing tail coverage for the claims-made policy. Such tail coverage shall, at a minimum, provide coverage for claims received and reported three years after the expiration date of this agreement. (3) In the event coverage is reduced or canceled, or otherwise materially changed, a notice of said reduction or cancellation or change shall be provided to County within 24 hours. (4) Consultant hereby grants to Shasta County, its elected officials, officers, employees, agents, and volunteers, a waiver of any right to subrogation or recovery which any insurer of said Consultant may acquire against County by virtue of the payment of any loss under such coverage, and agrees to obtain any endorsement that may be necessary to affect this waiver; this provision applies regardless of whether or not County has received such a waiver or endorsement. (5) Any available insurance proceeds in excess of the specified minimum limits and insurance coverage pursuant to the terms of this agreement shall be applicable to County. (6) Before the effective date of this agreement, Consultant shall provide County with certificates of insurance, which and all amendatory endorsements or policy amendments, as evidence of meeting insurance coverage required of this agreement; for purposes of verification of Consultant meeting insurance requirements of this agreement, County reserves the right to require any policies, declarations, endorsements, and other documentation. (7) Coverage required herein shall be in effect at all times during the term of this agreement, and may be provided by programs of self-insurance when supported by adequate evidence meeting appropriate self-insurance and regulatory compliance. Insurance is to be placed with insurers authorized to transact business in California, with a current A.M. Best’s rating of not less than A:VII, unless otherwise authorized by County. (8) In the event any insurance coverage expires at any time during the term of this agreement, Consultant shall provide that County, at least 20 days prior to said expiration date, a new endorsement or policy amendment evidencing insurance coverage as provided for herein for not less than the remainder of the term of this agreement or for a period of not less than one year. In the event Consultant fails to keep in effect at all times insurance coverage as herein provided and a renewal endorsement or policy amendment is not provided within 10 days of the expiration of the endorsement or policy amendment in effect at inception of this agreement, County may, in addition to any other remedies it may have, terminate this agreement upon the occurrence of such insurance event. (9) For any claims related to this agreement, Consultant’s coverage shall be primary and non-contributory. Any coverage maintained by Shasta County, its elected officials, officers, employees, agents, and volunteers, shall be excess of the Consultant’s coverage and shall not be changed contribute with it. (10) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Shasta County, its elected officials, officers, employees, agents, or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Ordervolunteers.

Insurance Requirements. ‌ Throughout the life of this Agreement, Concessionaire shall pay for and maintain in full force and effect all insurance as required herein with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by City's Risk Manager or designee at any time and in its sole discretion. The Contractor assumes all risks incident to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries Fresno and each of whatever nature or kind its officers, officials, employees, agents and volunteers (hereinafter referred to persons or property arising directly or indirectly out collectively as “City”) requires policies of insurance as stated herein shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to City, shall be the greater of the Contractor’s operations and arising from acts minimum limits specified therein or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation full limit of any lawinsurance proceeds to the named insured. If at any time during the life of the Agreement or any extension, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor Concessionaire or any of its agents subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or employeesthat become due to Concessionaire shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. In Any failure to maintain the required insurance shall be sufficient cause for City to terminate this connectionAgreement. No action taken by City pursuant to this section shall in any way relieve Concessionaire of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the Contractor insurer is insolvent. The fact that insurance is obtained by Concessionaire shall carry Insurances not be deemed to release or diminish the liability of Concessionaire, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Concessionaire. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Concessionaire, vendors, suppliers, invitees, contractors, subcontractors, or anyone employed directly or indirectly by any of them. Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non- owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.” 2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, hired, and non-ownedowned automobiles or other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, leasedthe City, hired or borrowed vehicles its officers, officials, employees, agents and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services volunteers are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Orderlisted as additional insureds.

Insurance Requirements. The Contractor assumes all risks incident LICENSEE, at its sole cost and expense, shall maintain, in a form satisfactory to or the Office of Risk Management, the insurance described more fully in connection with items (A) through (C) below. However, the Office of Risk Management may supplement the following requirements whenever the University, in its purpose sole discretion, deems additional coverage to be conducted herein appropriate. In that event, such additional requirements will be set forth on Exhibit B, entitled "Additional Insurance Requirements”. (A) insurance against loss or damage to all of LICENSEE's fixtures, equipment, machinery, and any other personal property now or thereafter located on the Premises by fire and such other casualties as may be included in the forms of all-risk insurance from time to time most commonly available, in an amount equal to the full insurable replacement value of such property; (B) insurance on an occurrence basis against claims for personal injury (including death) and property damage and with broad form contractual liability coverage, under a policy or policies of comprehensive general liability insurance or commercial general liability insurance, with not less than $5,000,000 per occurrence; and (C) Worker's Compensation insurance insuring against and shall indemnify, defend satisfying LICENSEE's obligations and save liabilities under the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out worker's compensation laws of the Contractor’s operations State of Delaware. Such policies of insurance shall name UNIVERSITY (and arising such other parties as UNIVERSITY may from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application time to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employeestime specify) as additional insured. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which such policy shall provide that such insurance it shall not be changed or canceled, cancelable without ten days at least thirty (30) days' prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance UNIVERSITY and each policy shall be delivered issued by an insurer licensed to do business in the City State of Xxxxx Delaware and rated at least A by Best Insurance Reports and satisfactory to UNIVERSITY. At least ten (10) days prior to the issuance "move-in-date" (or the Event in the case where there is no "move-in-date" prior to the Event), LICENSEE shall deliver to UNIVERSITY a certificate of the insurance carrier certifying that the policy has been issued and is in effect and the duration thereof. LICENSEE hereby releases the UNIVERSITY and its officers, directors, agents, employees, servants and contractors from any Work Orderand all liability for any loss or damage which may be inflicted upon the property of LICENSEE, even if such loss or damage shall be brought about by the fault of the UNIVERSITY, its officers, directors, agents, employees, servants, or contractors, and the insurance policies required by this paragraph shall permit such a waiver of subrogation and such waiver shall be reflected on the certificate of insurance provided hereunder. All conditions in items 21 shall be subject to review by the University of Delaware's Office of Risk Management.

Insurance Requirements. The Contractor assumes all risks incident to or in connection (A) Grantee shall maintain on file with its purpose to be conducted herein under and shall indemnify, defend and save the City evidence of Xxxxx harmless from damage or injuries insurance coverage consistent with the minimum coverage and limits of whatever nature or kind liability specified below; as respects the scope of such coverage, Grantee specifically acknowledges that the limits of liability requirements specified shall neither be construed as a limitation of Grantee's liability nor shall they be construed to persons or property arising directly or indirectly out of inure to the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation benefit of any lawinsurer by serving as a limitation or cap of any insurer's limits of liability that would otherwise apply. (B) Grantee shall maintain: (1) Commercial general liability insurance (including premises, ordinance or regulation affecting or having application to said operation or resulting from the carelessnessproducts and completed operations, negligence or improper conduct of Contractor contractual, independent contractors, employers/stop gap and personal/advertising injury liability) that shall not exclude XCU/Subsidence perils or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual similar perils ("CGL Insurance"); (2) Automobile liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all insurance covering owned, non-owned, leasedleased and hired vehicles; and (3) Workers Compensation insurance in compliance with the Revised Code of Washington Title 51 ("Industrial Insurance"). The minimum limits of liability to be maintained for CGL and automobile liability insurance shall be one million dollars ($1,000,000) combined single limit each occurrence bodily injury and property damage (except, hired with respect to CGL Insurance, one million dollars ($1,000,000) each accident/disease employers/stop gap liability and one million dollars ($1,000,000) each offense personal/advertising injury). (C) The City shall by designated additional insured endorsement or borrowed vehicles and must include coverage for blanket contractual liability additional insured endorsement or policy wording be covered as an additional insured for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services total corporate limits of liability maintained by Grantee for CGL Insurance and automobile liability insurance whether such limits are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensationprimary, if applicableexcess, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx contingent or otherwise. Such additional insured status shall be furnished primary and non-contributory with a certificate of insurance, which shall provide that such any insurance maintained by the City. (D) Insurance coverage shall not be changed or canceled, cancelable without ten mailing notice of cancellation not less than thirty (30) days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance actual date of any Work Ordersuch cancellation.

Insurance Requirements. a) The Contractor assumes Vendor, at no additional cost to NYSERDA, shall maintain or cause to be maintained throughout the term of this Agreement, insurance of the types and in the amounts of this Agreement. All such insurance shall be evidenced by insurance policies, each of which shall: (1) reference this Agreement number and name or be endorsed to cover the Vendor as the insured, and NYSERDA and the State of New York as additional insured, and reference all risks incident work to be performed under the Program; (2) provide that such policy may not be cancelled or modified until at least 30 days after receipt by NYSERDA of written notice thereof; and (3) be reasonably satisfactory to NYSERDA in all other respects. b) The types and amounts of insurance required to be maintained under this Section are as follows: (1) commercial general liability insurance for bodily injury liability, including death, and property damage liability, incurred in connection with its purpose to be conducted herein the Vendor’s performance under and shall indemnifythe Program, defend and save the City with minimum limits of Xxxxx harmless from damage or injuries $1,000,000 in respect of whatever nature or kind to persons or property claims arising directly or indirectly out of the Contractor’s operations and arising from acts personal injury or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation sickness or death of any lawone person, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence in respect of claims arising out of personal injury, sickness or death in any one accident or disaster, and $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all ownedin respect of claims arising out of property damage in any one accident or disaster, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ (2) Workers Compensation, if applicableEmployers Liability, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicableDisability Benefits as required by New York State. c) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten Not less than 15 days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance date any policy furnished or carried pursuant to this Agreement will expire, the Vendor shall deliver to NYSERDA a certificate(s) of insurance evidencing the renewal of such policy(s), and the Vendor shall promptly pay all premiums thereon due. No work shall be performed under this Agreement without current insurance. NYSERDA will not accept Voucher Request Forms or make payments under this Agreement without current insurance certificates. d) In the event of threatened legal action, claims, encumbrances, or liabilities that may affect NYSERDA hereunder, or if deemed necessary by NYSERDA due to events rendering a review necessary, the Vendor shall deliver to NYSERDA a certified copy of each policy upon request. e) Within five working days, or contemporaneously with the requirements of each insurance policy, the Vendor shall notify NYSERDA in writing of the occurrence of any Work Orderaccident, event or incident involving personal injury or property damage that might reasonably result in any complaint or claim, in law or in equity, against the Vendor, any Vehicle Purchaser, any Technology (VDEC) Purchaser, or NYSERDA.

Insurance Requirements. The Contractor assumes all risks incident Developer will maintain insurance in coverage and amounts sufficient to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save protect the City from claims under Workers Compensation Acts and other claims for property damage and/or bodily injury, including death, which may arise from the performance of Xxxxx harmless from damage the Work under this Agreement, whether the Work is performed by the Developer, its subcontractors, or injuries of whatever nature or kind to persons or property arising anyone directly or indirectly out employed by either of the Contractorthem. Limits of coverage to be as follows: (a) Workers’ Compensation Statutory Employer’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amountsLiability/Ohio Stop Gap $500,000 Commercial General Liability: Commercial Liability $1,000,000 Each Occurrence Bodily injury/property damage per occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive $2,000,000 Products/Completed Operations Aggregate $2,000,000 Commercial Automobile Liability $1,000,000 Liability: Combined Single Limit Each Occurrence Coverage must extend to all owned(including Owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable$1,000,000 Hired, and coverage for Federal Employers’ Liability ActNon-Owned Autos) Excess/Umbrella (over General Liability, if applicable Auto and Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicableLiability) $1,000,000 Each Claim $2,000,000 5,000,000 The General Liability must be written on ISO form CG 00 01 10 01 or equivalent. The policy shall be endorsed to provide that the general Aggregate Limit applies separately to each of the insured Developer’s projects. The City of Xxxxx Heights, the Xxxxx Heights City Council members, executive officers, and employees shall be furnished named as Additional Insured on the Auto Liability and General Liability policy on ISO form CG 20 10 11 85 or its equivalent, affording coverage to Additional Insured(s) for claims arising out of completed operations. Developer’s General Liability and Auto policies shall be primary insurance as respects the City, and any other insurance policy that City may have in effect shall be deemed excess and not contributory. The General Liability policy affording coverage to City as Additional Insured must be maintained for no less than two (2) years after certification of the acceptance of the Public Infrastructure Improvements pursuant to Section 4.4. Developer must procure the required insurance from carriers with an A.M. Best rating of “A-“ or better. The Developer will submit to the City certificates of insurance certifying that the insurance policies required by this Agreement are in force and shall be maintained during the duration of the Project. Developer shall also provide a copy of the additional insured endorsement with the certificate of insurance, which . Certificates shall provide that such insurance shall not City is to be changed or canceled, without ten days prior provided thirty (30) says advance written notice in the case of a cancellation, non-renewal, or any material changes affecting Developer’s obligations under this Agreement. Developer shall require all Contractors and subcontractors to provide statutory workers’ compensation coverage, commercial general liability and automobile liability insurance limits as required of Developer herein, unless the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered agrees to the City of Xxxxx prior to the issuance of any Work Ordera lesser amount.

Insurance Requirements. The Contractor assumes all risks incident Purchaser’s right of inspection pursuant to or this Section 5.1 shall be subject to the rights of tenants under the Leases and other occupants and users of the Property. Before entering upon the Property, Purchaser shall furnish to Seller a certificate of insurance evidencing: (a) general liability insurance coverage of not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate, (b) commercial automobile insurance coverage of not less than One Million Dollars ($1,000,000.00) per occurrence which shall cover liability arising in connection with its purpose any automobile at the Property (including owned, hired and non-owned automobiles), and (iii) workers’ compensation insurance as required by statute in the state where the Property is located and employer’s liability insurance of not less than One Million Dollars ($1,000,000.00) per accident. With respect to the coverage required by subsections (a) and (b) immediately preceding, each of Receiver, Seller, Xxxxxxx Hotels, Inc. (“Xxxxxxx”), RREEF Global Opportunities Fund II, LLC Xxxxx Fargo, N.A., as trustee for the Mortgage Pass-Through Certificates Series 2006-XLF and Xxxxxx Xxxxxxx Mortgage Capital Holdings LLC (collectively, the “Lenders”) and their respective agents and affiliates shall be conducted herein under named as additional insureds. Further, such insurance coverage shall (i) be issued by an insurance company licensed to do business in the state where the Property is located having a rating of at least “AVIII” by A.M. Best Company, (ii) be primary and shall indemnifyany insurance maintained by Seller as to costs, defend and save the City of Xxxxx harmless from damage expenses or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and liabilities arising from acts or omissions of its employees Purchaser’s inspection shall be excess and shall indemnifynoncontributory, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must (iii) include coverage for blanket contractual liability for coverage with respect to Purchaser’s indemnity obligations set forth in this Agreement (it being understood, however, that the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City availability of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not serve to limit or define the scope of Purchaser’s indemnity obligations under this Agreement in any manner whatsoever), and (iv) not contain any exclusions for work performed at hotel properties, or for “insured versus insured” claims as respects any potential claim by Seller against Purchaser. Such certificate shall also provide that the coverage may not be changed cancelled, non- renewed or canceled, reduced without ten days at least thirty (30) days’ prior written notice to Seller. Seller shall have the City right to be present at any or all inspections. Neither Purchaser nor its agents or representatives shall contact any tenants without the prior consent of XxxxxSeller, which consent shall not be withheld or delayed unreasonably. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSUREDNo inspection shall involve the taking of samples or other physically invasive procedures without the prior written consent of Seller in its reasonable discretion, nor shall the same either unreasonably interfere with the normal operations of the Property or require Operator’s personnel to work overtime hours to accommodate Purchaser. Certificates Such right of Insurance inspection shall be delivered continue from the Effective Date until the first to occur of (i) the City termination of Xxxxx prior to this Agreement and (ii) the issuance of any Work OrderClosing.

Insurance Requirements. The Contractor assumes all risks incident to All insurance and renewals thereof shall be issued by companies with a rating of at least "A-" "VIII" or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances better in the following amounts: Commercial Liability $1,000,000 current edition of Best's Insurance Report and be licensed to do and doing business in the state in which the Property is located. Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx policy shall be furnished with a certificate of insurance, which shall expressly provide that such insurance the policy shall not be changed canceled or canceled, materially altered without ten thirty (30) days prior written notice to the City of XxxxxLandlord and shall remain in effect notwithstanding any such cancellation or alteration until such notice shall have been given to Landlord and such thirty (30) days shall have expired. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance All liability insurance (except employers liability) shall name Landlord and any other parties designated by Landlord (including any investment manager, asset manager or property manager) as an additional insured, shall be delivered primary and noncontributing with any insurance which may be carried by Landlord, shall afford coverage for all claims based on any act, omission, event or condition that occurred or arose ) or the onset of which occurred or arose) during the policy period, and shall expressly provide that Landlord, although named as an insured, shall nevertheless be entitled to recover under the City policy for any loss, injury or damage to Landlord. All property insurance shall name Landlord as loss payee as respects Landlord's interest in any improvements and betterments. Tenant shall deliver certificates of Xxxxx prior insurance, acceptable to Landlord, to Landlord at least ten (10) days before the issuance Commencement Date and at least ten (10) days before expiration of each policy. If Tenant fails to insure or fails to furnish any Work Ordersuch insurance certificate, Landlord shall have the right from time to time to effect such insurance for the benefit of Tenant or Landlord or both of them, and Tenant shall pay to Landlord on written demand, as additional rent, all premiums paid by Landlord.

Insurance Requirements. Until the later of (a) completion of construction of each Project Component as evidenced by issuance of a Partial Certificate of Completion for such Project Component, or (b) reconveyance of the Deed of Trust for such Project Component, the Developer of each Project Component shall take out and maintain or shall cause its contractor to take out and maintain, a commercial general liability policy with a minimum limit of Two‌ Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage, or such other higher policy limits as may be required by Developer’s lenders or other institutions providing financing for the Project Component. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001). If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate limit shall apply separately to the Project Component or the general aggregate limit shall be twice the required occurrence limit. Developer and each of its contractors shall also take out and maintain a comprehensive automobile liability policy in an amount not less than One Million Dollars ($1,000,000). Until such time as Developer has completed the Project Component(s) that are to be completed by Developer, Developer shall also obtain and maintain builder’s all-risk insurance in an amount not less than the full insurable cost of the applicable Project Component(s) on a replacement cost basis, or such other greater policy limits as may be required by Developer’s lenders or other institutions providing financing for the applicable Project Component(s), and shall furnish or cause to be furnished to City evidence satisfactory to City that Developer and any contractor with whom it has contracted for the performance of work on the Property or otherwise pursuant to this Agreement carries workers’ compensation insurance as required by law. Companies writing the insurance required hereunder shall be licensed to do business in the State of California. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII or otherwise acceptable to City. The Contractor assumes all risks incident commercial general liability and comprehensive automobile policies hereunder shall name City and EMID and their respective officers, officials, agents, employees, volunteers and representatives as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Developer on the Property, including materials, parts or equipment furnished in connection with its purpose to be conducted herein under and such work or operations. Developer shall indemnify, defend and save the furnish City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insuranceinsurance evidencing the required insurance coverage and a duly executed endorsement evidencing such additional insured status. The certificate shall contain a statement of obligation on the part of the carrier to notify City by certified mail, which return receipt requested, of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. Coverage provided hereunder by Developer shall provide that such be primary insurance and shall not be changed contributing with any insurance, self-insurance or canceledjoint self-insurance maintained by City or EMID, without ten days prior written notice to and the policy shall so provide. Any insurance or self-insurance maintained by City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered excess of and shall not contribute with the insurance required to be maintained by Developer. The insurance policies shall contain a waiver of subrogation for the benefit of City and EMID. The required certificate and endorsement for a Project Component shall be furnished by the Developer of Xxxxx such Project Component to City prior the commencement of construction of the applicable Project Component. Any deductibles or self-insured retentions must be declared to and approved by City, which may require Developer to provide proof of its ability to pay losses and costs of related investigation, claim administration, and defense expenses within the issuance of any Work Orderretention.

Insurance Requirements. The Contractor assumes all risks incident Supplier is required to obtain and maintain the following insurance coverage from a carrier acceptable to Company in the amounts and with the conditions listed below: a) Commercial General Liability, including Contractual, Personal & Advertising Injury, Products and Completed Operations coverage, with certificate holder named as Additional Insured as evidenced by attached endorsement or blanket additional insured coverage provided by the policy. Policy shall be occurrence based with limits of no less than $5,000,000 per occurrence, without any aggregate limits or $50,000.000 in connection the aggregate. Defense costs shall not apply against coverage limits. High Risk Suppliers (as defined by Company) shall maintain policy limits of not less than $10,000,000 per occurrence without any aggregate limits or $100,000,000 in the aggregate. b) Statutory Workers' Compensation Coverage for a Supplier whose employees will be entering Company's premises, with its purpose $1,000,000 in employers' liability coverage and a waiver of subrogation where Permitted By Law. c) Automobile Coverage, with certificate holder named as Additional Insured as evidenced by attached endorsement or blanket additional insured coverage provided by the policy, for a Supplier whose employees or agents will be driving on Company's premises or making delivery to Company's premises shall be conducted herein under and occurrence based with limits of no less than $5,000,000 per occurrence, without any aggregate limits or $50,000,000 in the aggregate. Defense costs shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind not apply against coverage limits. d) Supplier shall provide at least thirty (30) days' written notice prior to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation cancellation of any lawpolicy of insurance maintained hereunder, ordinance and each such policy shall obligate the insurer to provide at least thirty (30) days' written notice to Company in advance of any contemplated cancellation or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor termination thereof. e) Supplier's insurance shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all ownedbe considered primary, non-ownedcontributory and not excess coverage. A copy of Supplier's current Certificate of Insurance with the following requirements must be submitted with this Agreement: - Certificate Holder should read: WAL-MART STORES, leasedINC., hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ CompensationITS SUBSIDIARIES & ITS AFFILIATES, if applicable000 XX 0xx Xxxxxx, and coverage for Federal Employers’ Liability ActXxxxxxxxxxx, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policyXX 00000-0000, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City Attn: Risk Management - Renewals of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall must be delivered to the City of Xxxxx submitted prior to the issuance expiration of insurance coverage - Existing Suppliers must include Supplier Number on Certificate of Insurance. - Please direct any Work Order.questions regarding your insurance to Risk Management at (000) 000-0000 or (000) 000-0000. SUPPLIER CONTACT FOR PRODUCT LIABILITY CLAIMS: Name: ROCKFORD CORPORATION Insuring Company: ATLANTIC MUTUAL Address: 000 X. XXXXXXXX XX Telephone: 0000000000 Extension #: 0 City/State/Zip: XXXXX, XX 00000 Telephone: 0000000000 Extension #: 0 Fax Number: 0000000000 e-mail: XXXX.XXXXXX@XXXXXXXXXXXX.XXX

Insurance Requirements. The Contractor assumes all risks incident will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII—Admitted) or better in Best’s Insurance Rating Guide and shall be legally licensed and qualified to or conduct business in connection the State of California: The Contractor shall procure and maintain, at its sole expense, Workers’ Compensation Insurance in such amounts as will fully comply with its purpose to be conducted herein under the laws of the State of California and which shall indemnify, defend insure and save provide legal defense for the Contractor and the City, the Housing Authority and CSD against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the Agreement. This coverage may be waived if the Contractor is determined to be functioning as a sole proprietor and the city provided form “Exception to Worker’s Compensation Coverage” is signed, notarized and attached to this Agreement 🗹 General Liability Insurance—to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the Contractor, sub-Contractor, or any person acting for the Contractor or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum amounts provided below: Bodily Injury $1,000,000 per occurrence/ $2,000,000 aggregate Property Damage $500,000 per occurrence/ $500,000 aggregate □ Professional Errors and Omission Insurance—such coverage shall not be less than $1,000,000 per claim and aggregate. 🗹 Liability and Property Damage Insurance coverage for owned and non- owned automotive equipment operated on City/CSD/Housing Authority premises. Such coverage limits shall not be less than $1,000,000 combined single limit. A Certificate of Insurance and appropriate additional insured endorsement evidencing the above applicable insurance coverage shall be submitted to the City prior to the execution of this Agreement. The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions: Solely as respect to services done by or on behalf of the named insured for the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnifyXxxxxx Valley, defend, save harmless it is agreed that the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionXxxxxx Valley, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableXxxxxx Valley Housing Authority, and coverage for Federal Employers’ Liability Actthe Xxxxxx Valley Community Services District, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policytheir officers, which follows form, may employees and agents are included as additional insured under this policy and the coverage(s) provided shall be used primary insurance and not contributing with any other insurance available to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx Xxxxxx Valley, the Xxxxxx Valley Housing Authority, and the Xxxxxx Valley Community Services District, its officers, employees and agents, under any third party liability policy The terms of the insurance policy or policies issued to provide the above coverage shall neither be furnished with a certificate of insurance, which amended to reduce the required insurance limits and coverages nor shall provide that such insurance shall not policies be changed or canceled, canceled by the carrier without ten thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the City City, except that cancellation for non-payment of Xxxxxpremium shall require ten (10) days prior written notice by certified or registered mail. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to In the City of Xxxxx event the insurance is canceled, the Contractor shall, prior to the issuance cancellation date, submit new evidence of any Work Orderinsurance in the amounts established.

Insurance Requirements. (a) The Contractor assumes Borrower will, at all risks incident times and at its own expense, keep the Vessel insured with responsible underwriters and through responsible brokers, all in good standing and satisfactory to or the Government, in connection with its purpose to be conducted herein under an amount that fully and shall indemnifyadequately protects the Vessel and the Government's interest therein against all marine Pg. 2 of 18 ------ perils and disasters and all hazards, defend risks, and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property liabilities in any way arising directly or indirectly out of the Contractor’s operations ownership, operation, or maintenance of the Vessel, including but not limited to insurance as follows: (i) While being operated, navigating hull insurance must be in an amount equal to the full commercial value of the Vessel. In no event may this be less than one hundred ten percent (110%) of the unpaid principal, at the time outstanding, of the Note. The policy valuation on the hull shall not exceed the aggregate amount insured by hull policies. The hull insurance shall be placed under the form of policy known as American Institute of Marine Underwriters form, or under such other form of policy as the Government may approve, insuring against the usual risks covered by such policies, including four-fourths running down clause, Inchmaree clause, and arising breach of warranty clause; and (ii) Protection and indemnity insurance under form of protection and indemnity policies approved by the Government and issued by marine insurance companies approved by the Government. The amount of protection and indemnity insurance shall be fixed by the Government; and (iii) When and while the Vessel is laid up, and in lieu of the aforesaid navigating hull insurance referred to in (i) of this Section, port risk insurance under forms of port risk policies approved by the Government. (b) The Borrower expressly covenants and agrees to keep the policies renewed from acts time to time, to keep the same valid at all times for the amounts aforesaid, and to keep the premiums thereon fully paid at all times. The Borrower shall not do any act nor voluntarily suffer or omissions of its employees permit any act to be done whereby insurance is or may be suspended, impaired, or defeated, and shall indemnifynot suffer nor permit the Vessel to engage in any voyage or to carry any cargo not permitted under the policy or policies of insurance in effect, defendunless and until the Borrower shall first cover the Vessel in the amount herein provided for, save harmless with insurance satisfactory to the City Government for such voyage or for the carriage of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application such cargo. (c) In the event the Borrower fails to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or procure any of its agents the insurance, satisfactory to the Government, or employees. In this connectionfails to perform any of the covenants and agreements contained herein, the Contractor Government may, but shall carry Insurances be under no duty to, procure such other or different insurance or coverage as it may deem advisable with uncontrolled discretion in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for Government as to the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all ownedsource, non-ownednature, leasedform, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensationtype, if applicableclass, amount, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain extent of such insurance or coverage; and all sums expended or advanced by the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx Government in procuring such insurance shall be furnished with a certificate secured by and shall be due and payable as provided in Article II, Section 2 hereof. (d) All insurance shall be taken out in the name of insurance, which the Borrower and the Government as their interest may appear and policies and certificates shall provide that such insurance there shall not be changed or canceled, without ten no recourse against the Government for payment of premiums and shall further provide for at least 20 days prior written notice to be given to the City Government by the underwriters in the event of Xxxxxcancellation or modification. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance All original policies, binders, certificates, and covenants and all endorsements and riders thereto shall be delivered to the City of Xxxxx prior Government for approval and custody. (e) Except as provided in (f) below, all insurance policies or certificates shall provide that losses thereunder shall be payable to the issuance Government. If no Event of Default exists under this Mortgage, the Government may, in its discretion, pay, from the proceeds of the insurance directly to the repairer, the amount of any Work Orderauthorized repairs or if the Borrower shall have first fully repaired the damage to the satisfaction of the Government and paid the cost thereof, to the Borrower as reimbursement therefor. Any balance remaining from the aforesaid insurance proceeds will be applied as directed by the Government. If an Event of Default exists, the Pg. 3 of 18 ------ Government shall retain such insurance and if such Event of Default is not cured within fifteen (15) days of the occurrence thereof, apply the same in the manner provided in Article II, Section 2 hereof. (f) Any loss under any insurance on the Vessel with respect to protection and indemnity risks may be paid directly to the person to whom any liability, covered by such insurance, has been incurred or to the Borrower to reimburse the Borrower for any loss, damage, or expense incurred by the Borrower and covered by such insurance; provided, that the underwriter shall have first received evidence that the liability insured against has been discharged. (g) In the event of an actual or constructive total loss, or an agreed or compromised total loss of or in case of requisition of title to the Vessel, all amounts payable therefor shall, subject to Article II, Section 2 hereof, be paid to the Government and shall be applied first, to the payment of the expenses of the Government in collecting such payments, and second, as provided in Article II, Section 2 hereof. (h) In the event that any claim or lien is asserted against the Vessel for loss, damage, or expense which is covered by insurance hereunder, and it is necessary for the Borrower to obtain a bond or supply other security to prevent arrest of the Vessel or to release the Vessel from arrest on account of such claim or lien, the Government, on request of the Borrower, may, in the sole discretion of the Government, and upon notice to the Borrower, assign to any person, firm, or corporation executing a surety or guarantee bond or other agreements, to save or release the Vessel from such arrest, all right, title, and interest of the Government in and to said insurance covering said loss, damage, or expense, as collateral security to indemnify against liability under said bond or other agreement.

Insurance Requirements. The Contractor assumes shall carry and maintain until after completion of the agreement, insurance as specified below and in such form as shall protect the Town and any subcontractor performing work covered by this contract from all risks incident to claims and liability for damages for personal injury, including accidental death, and for property damage which may arise from operations under this contract, whether such operations be by himself or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage by any subcontractor or injuries of whatever nature or kind to persons or property arising by anyone directly or indirectly out employed by either of the Contractor’s operations them. The coverage and arising from acts or omissions amounts of its employees such insurance shall be as follows: General Liability of at least $500,000 Bodily Injury and shall indemnify$100,000 Property Damage Liability, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to with a $500,000 Annual Aggregate Limit. The Town should be named as an "Additional Insured". Automobile Liability not less than $500,000 combined single limit, covering, at a minimum, all owned, non-owned, leased, hired or borrowed scheduled vehicles. The Town of Wellesley should be names as an additional insured. The Contractor should provide specific evidence that all vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished in snow plowing operations are covered with a certificate at least that amount of insurance, which shall provide that such insurance shall not . Workers' Compensation Insurance as required by law. The Town should be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSUREDnamed as an "Additional Insured". Certificates of Insurance shall be delivered provided from the insurance carrier before operations are begun. The Town of Wellesley must be listed as an “Additional Insured”. It must also state this insurance is for Snow Plowing operations within the Town of Wellesley. All policies shall provide the Town of Wellesley 15 days notice of cancellation, non-renewal, or material change. Certificates are to evidence notice and certificate wording to the City effect that carriers will "endeavor to" provide notice and failure to provide notice "shall not impose liability or obligation" are not acceptable. Said policies shall be so written that the Town of Xxxxx Wellesley will be notified of cancellation at least fifteen (15) days prior to the issuance effective date of any Work Ordersuch cancellation. Such certificates shall contain a statement referring specifically to this agreement to the effect that all insurance coverage herein required has been provided; except that in the case of compensation insurance, certificates must be filed before an award can be made. Signatures on all Certificates and/or Insurance Forms must be original signatures. Equipment Rates Equipment Description Plowing Rates (per hour) 4x4 Four Wheel Truck Minimum GVW 8600 with 8’ Minimum Power Angle Plow $ 85.00 4x4 Six Wheel Pick Truck Minimum GVW 19,000 with 8’ Minimum Power Angle Plow $ 95.00 Six Wheel Dump Truck, Minimum 26,000 GVW Equipped w/ 10' Snow Plow and Tire Chains $110.00 10 Wheel Minimum 62,000 GVW with 11’ Plow $ 115.00 Bobcat 1-2 CY Bucket $95.00 Backhoe 4x4 1-2 cubic Yard bucket and with Tire Chains $105.00 Front End Loader 1-2 CY $110.00 Front End Loader 2-3 CY $135.00 Add for Plows or Pusher boxes on Loader or Bobcat 9’ Add $45.00 10’ Add $50.00 11’ Add $55.00 12’ Add $60.00 Equipment Description Hauling Rates (per hour) Six Wheel Dump Truck, Minimum 26,000 GVW $80.00 Ten Wheel Dump Truck, Minimum 62,000 GVW $90.00 Triaxle $105.00 Trailer Dump $110.00 All questions must be answered and the data given must be clear and comprehensive. Please type or print legibly. If necessary, add additional sheets.

Insurance Requirements. (1) Manager agrees to secure and maintain in full force and effect for the full Term of this Agreement, at Manager’s sole cost and expense, except the extent set forth in the Approved Budget hereunder, the insurance coverage, with the required terms and conditions, set forth in this Section 7.1: (a) Workers Compensation Insurance in compliance with the laws of the State of California, including Employers Liability Insurance, in an amount not less than $1,000,000 per occurrence. (b) Manager has the responsibility to manage, operate, conduct day-to- day maintenance, and coordinate and oversee other parties’ work on the Property. Its Commercial General Liability Insurance shall cover such responsibilities and shall be written on an occurrence form, CG 00 01 or equivalent, with defense costs in addition to limits, insuring Bodily Injury, Personal Injury, and Property Damage, including Premises and Operations coverage for the entire ARTIC Site (except for any areas otherwise specifically carved out of Manager’s area of responsibility), Product and Completed Operations coverage, Contractual Liability coverage, in an amount not less than $2,000,000 per occurrence, and not less than $4,000,000 in the aggregate for this location and Agreement. The Contractor assumes City (as named insured means, the City of Anaheim, its elected and appointed officials, officers, employees and agents) and the Manager shall each be specifically and separately included as named as named insureds on such policies as respects operating and managing the ARTIC Site in accordance with the terms of this Agreement. Such insurance shall be the primary coverage, shall provide coverage for the Premises risk for the entire ARTIC Site (except for any areas otherwise specifically carved out of Manager’s area of responsibility) and shall not seek contribution from any insurance or self-insurance maintained by the additional insureds. Such Commercial General Liability Insurance shall provide coverage for third-party injuries and losses which may occur, have occurred, or are alleged to have occurred, and shall respond whether or not a claimed loss has, or has not, been proven to be valid; such to the terms and conditions of the policy and pursuant to this Agreement. Comprehensive Automobile Liability Insurance on all risks incident owned, non- owned, hired or leased automotive equipment used in the performance of the Services, in an amount not less than $2,000,000 per occurrence, combined single limit, written on an occurrence form. (c) Excess or Umbrella Liability Insurance excess of the underlying Commercial General, Automobile, and Employer’s Liability, in an amount not less than $10,000,000 per occurrence, written on an occurrence form, and not less than $10,000,000 in the aggregate for this location and Agreement. The policy shall be concurrent with and follow the form of the underlying insurance, including named insured provisions and shall be primary and noncontributing with any insurance maintained by the City or any additional insureds. Should this insurance have claims filed against it that are reasonably expected to erode 70% of the aggregate limits for any policy period, Manager shall notify City’s Risk Manager to discuss procurement of coverage to reinstate the limits. (d) All-Risk Property Insurance in an amount equal to the replacement value of Manager’s personal property and equipment at the Property, if any. (e) Crime Insurance for the benefit of City, including both first-party and third-party fidelity coverage, covering all of Manager’s employee involved in handling or accounting for cash and other types of monetary instruments taken in by Manager in the course of business (including but not limited to checks and credit card transaction records), and covering Manager’s collection and retention of funds received in the course of business for loss exposures including, but not limited to, theft (inside and outside), robbery, mysterious disappearance, computer fraud, and depositor’s forgery. (2) If Manager’s work includes professional design or engineering services, by professionals on staff or under a consulting agreement, Manager must secure, acquire and maintain, or require its independent consultant to acquire and maintain, Professional Liability Insurance in limits not less than $1,000,000, per occurrence and aggregate, covering the professional services performed in connection with its purpose the Property and continuing in force by renewal or extended reporting provision for not less than three years after completion of such professional design or engineering services. This coverage form may be “claims made” and include defense expense within the limit of liability. (3) On insurance policies where the City is named as an insured, the City shall be an insured to be conducted the full limits of liability purchased by the Manager, even if such limits of liability are in excess of those required by this Agreement. If a policy has language to the contrary, Manager must secure and provide to City an endorsement removing such limitation. Any agreements entered into by either Manager or City, subsequent to the effective date of this Agreement with respect to the Property shall name City and Manager as additional insureds (on all applicable coverages) and, to fullest extent obtainable, shall provide for a waiver of subrogation. (4) The limits of coverage set forth herein under are only minimum requirements and shall indemnify, defend and save the City not serve to limit any higher levels of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out coverage otherwise purchased by Manager. (5) Manager’s insurance coverages required herein must include a waiver of the Contractorinsurance companies’ rights of subrogation against City and the Indemnitees and City hereby agrees to cause its insurance companies to waive their rights to subrogation against Manager. (6) Prior to beginning work under this Agreement, Manager shall submit to City evidence of the coverages required in this Section 7.1, and within 30 days of the effective date of this Agreement shall submit endorsements to Manager’s operations coverage in form and arising from acts or omissions of its employees and shall indemnifysubstance satisfactory to City as required in this Section 7.1, defend, save harmless including additional insured requirements. If the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting insurance information is not submitted within ten (10) days from the carelessnessdue dates set forth herein, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the then following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability three (if applicable3) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten business days prior written notice to Manager for an opportunity to cure, this Agreement may be terminated for cause at City’s option. In the City event of Xxxxxcancellation or non- renewal of any insurance coverage or insurance policy required in this Section 7.1, Manager agrees to provide at least thirty (30) days prior written notice of such cancellation or non-renewal to City, and ten (10) days prior written notice of cancellation if cancellation is for non-payment of premium. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates Such written notice of Insurance cancellation shall be delivered by certified or registered mail to City. Should any policy expire or be canceled before final payment to Manager and Manager fails to immediately procure other insurance as specified, City reserves the right, but shall not have the obligation, to procure such insurance as will protect City from such failure, and to charge the Manager for such costs and/or deduct the cost from any sum due Manager under this Agreement. Exercise of the remedies set forth herein, however, are alternatives to other remedies City may have and are not the exclusive remedy for Manager’s failure to maintain insurance or secure and provide appropriate certificates and endorsements. (7) All insurance required by this Agreement shall be written by insurance carriers licensed to do business in the State of California, and such carriers must be rated no less than A VII by the most current listing in Best’s Key Rating Guide. The insurance required herein may contain a deductible not to exceed $100,000 per occurrence and any such deductible shall be disclosed to City. Self-insurance of any coverage, or part thereof, will only be permitted upon written consent of City, in its sole discretion. Manager shall have the responsibility to pay any deductibles or self-insured retentions. (8) Nothing herein shall be construed as limiting in any way the extent to which Manager may be held responsible for payments of damages to persons or property resulting from Manager’s, (or Manager’s contractors/subcontractor, if any) performance of the Services provided under this Agreement. (9) In the event that a claim or other legal action is filed against City, and the Manager denies that the claim is covered by insurance provided pursuant to this Agreement, then City has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the parties agree that Manager shall fully indemnify and hold harmless City against any such claim or other legal action (10) In the event Manager hires other persons or firms to perform some of the work related to this Agreement, Manager shall ensure that such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of Manager under this Agreement (except for firms which are not performing professional services- such firms shall not be required to carry the above- referenced professional liability insurance); and in either instance, Manager may be required, at City’s option, to provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to City. Manager must be aware that for work to be performed by its contractor(s) on the rail platforms, such contractor(s) shall be required to secure and carry Railroad Protective Liability Insurance and such insurance shall meet the responsibilities of Manager and City of Xxxxx prior to provide such insurance. (11) The City’s Risk Manager is authorized to reduce the issuance of any Work Orderrequirements set forth herein in the event the City’s Risk Manager determines that such reduction is in City’s best interest.

Insurance Requirements. The For all of the Services set forth herein, and as hereinafter amended, Contractor assumes all risks incident to shall maintain, or in connection with its purpose cause to be conducted herein under maintained, in full force and effect during the term of this Agreement, at its expense, Worker's Compensation insurance, liability insurance covering personal injury and property damage, and other insurance, with stated minimum coverage, all as listed below. Such policies are to be in the broadest form available on usual commercial terms and shall indemnify, defend and save be written by insurers of recognized financial standing satisfactory to the City of Xxxxx harmless from damage or injuries of whatever COUNTY who has been fully informed as to the nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations Services to be performed. Except for Worker's Compensation and arising from acts professional liability, the COUNTY shall be an additional insured on all such policies with the understanding that any obligations imposed upon the insured (including, without limitation, the liability to pay premiums) shall be the sole obligations of Contractor and not those of the COUNTY. Notwithstanding anything to the contrary in this Agreement, Contractor irrevocably waives all claims against the COUNTY for all losses, damages, claims or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or expenses resulting from risks commercially insurable under the carelessness, negligence insurance described in this Article 20. The provisions of insurance by consultant shall not in any way limit Contractor's liability under this Agreement. Worker's Compensation Statutory Employer's Liability or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability similar insurance $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive each occurrence Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all ownedaggregate Bodily Injury, non-ownedProperty Damage $1,000,000 each occurrence Comprehensive general Liability, leasedincluding broad form $1,000,000 each occurrence contractual liability, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicablebodily injury, and coverage for Federal Employers’ Liability Act, if applicable Employer’s property damage $1,000,000 aggregate Professional Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability aggregate (if applicableIf commercially available for your profession) $1,000,000 each claim Contractor shall attach to this Agreement - Certificates of Insurance evidencing the Contractor's compliance with these requirements. Each Claim $2,000,000 General Aggregate The City policy of Xxxxx insurance shall contain clauses to the effect that ( i ) Such insurance shall be furnished primary without right of contribution of any other insurance carried by or on behalf of the COUNTY with a certificate of insurancerespect to its interests, which shall provide that such insurance ( ii ) It shall not be changed or canceled, including without ten limitation, for non-payment of premium, or materially amended without fifteen (15) days prior written notice to the City COUNTY, directed to the COUNTY’S Risk Management Division and the Department Head, and the COUNTY shall have the option to pay any necessary premiums to keep such insurance in effect, and charge the cost back to Contractor. To the extent it is commercially available, each policy of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance insurance shall be delivered provided on an “occurrence” basis. If any insurance is not so commercially available on an “occurrence” basis it shall be provided on a “claims made” basis, and all such “claims made” policies shall provide that: Policy retroactive dates coincide with or precede the Contractor's start of the performance of the Services (including subsequent policies purchased as renewals or replacements); Contractor will maintain similar insurance for at least six (6) years following final acceptance of the Services; If the insurance is terminated for any reason, Contractor agrees to purchase an unlimited extended reporting provision to report claims arising from the Services performed for the COUNTY; and Immediate notice shall be given to the City COUNTY through the Department Head and the COUNTY’S Risk Management Division, of Xxxxx prior circumstances or incidents that might give rise to future claims with respect to the issuance Services performed under this Agreement. From time to time as the year goes along, and your program is operational, you may uncover the need to make a possible Budget Modification. You may find that expenses have grown in one area, and that you believe you will have funds remaining in another line item, all while working toward fulfilling the scope of any Work Orderservice of the contract. When you notice this, you need to be in discussion with your DSS Program Monitor. While working together you need to determine if a Budget Modification is in the best interest of all concerned. Should the Program Monitor support a Budget Modification, an e-mail explaining the need for and the numbers to be modified should be directed to Xxxxx Xxxxx, Director of Program Integrity, and Xxxx Xxxxxx, Fiscal Director. Please understand that this should be done during the year, and you should not be waiting until the final month of the contract to request this change. Personnel Instructions - All claims for personnel reimbursement must be requested within the two categories: (1) In-Direct (2) Direct Funds. The allowable expenditures and reimbursement for each category of personnel is mentioned below. Please make sure that all positions for which the Vendor is seeking reimbursement for are included in the Annual Budget. Additionally, please insure that every position for which reimbursement has been claimed is listed separately under the appropriate category with the name of person noted next to the job title. Example: Vice President 850 850 850 (Xxxx Xxxxx) Quality Assurance Asst. (Xxxxx Xxxxx) 550 550 550 Program Director 3,700 3,700 3,700 (Xxx Xxxx) Case Manager 3,100 3,100 3,100 (Xxxx Xxxx) In-Direct Funds - All personnel costs for staff that are not involved in Direct Service to youth, individuals and/or families must be clearly identified as “In-Direct” personnel costs. This must include administrative positions that have no direct service contact with consumers, clerical, administrative support services, fiscal/accounting positions, human resources, personnel costs for information technology services, etc . . .

Insurance Requirements. The Contractor assumes At all times during the Initial Term of this Contract and throughout any renewal terms, ETMC EMS shall obtain insurance as listed below and pay all premiums thereon for ETMC EMS's owned and operated ambulances. For liability arising solely from the actions or inactions of ETMC EMS or ETMC EMS's personnel, all such policies shall name the Coalition, its individual members and the Medical Director as "additional insured". ETMC EMS shall furnish the Coalition with an XXXXX Certificate of Insurance and all required endorsement(s) indicating that the types and amounts of insurance required hereunder are in full force and effect and that the insurance carrier will endeavor to give the Coalition thirty (30) days' written advance notice of any cancellation, change, termination, failure to renew or renewal, or any change in coverage of any such policy or policies reflected on said certificate. Nothing in this Article V shall be deemed to prohibit the use of a program of insurance being "self-insurance" as that term is normally used as being a formally organized system of covering risks incident or to or be a limitation upon the insured as to the deduction it may cause to be provided in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employeesrespective insurance policies. In ETMC EMS shall provide the Coalition with evidence that any/all subcontractors performing services under this connection, Agreement have the Contractor same types and amounts of coverage as required herein. ETMC EMS's insurance coverage shall carry Insurances in meet the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage minimum requirements: a. WORKER'S COMPENSATION. Worker's Compensation Insurance as permitted by the laws of the State of Texas. The Worker’s Compensation Insurance shall provide for blanket contractual liability a waiver of subrogation against the Coalition and its members for injuries, including death, property damage or any other loss to the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for extent the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain same is covered by the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate proceeds of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Order.

Insurance Requirements. The Contractor assumes all risks incident to (a) Tenant shall not do anything, or in connection with its purpose permit anything to be conducted herein under done, in or about the Premises that would: (i) invalidate or be in conflict with the provisions of or cause any increase in the applicable rates for any fire or other property insurance policies covering the Building or any property located therein (unless Tenant pays for such increased costs and shall indemnify, defend and save the City of Xxxxx harmless from damage basis for such increased costs can be eliminated by Landlord without any material expense or injuries of whatever nature or kind to persons or property arising directly or indirectly out delay upon Landlord’s repossession of the Contractor’s operations and arising from acts Premises at the expiration or omissions earlier termination of its employees and the Term), or (ii) result in a refusal by fire insurance companies of good standing to insure the Building or any such property in amounts reasonably satisfactory to Landlord (which amounts shall indemnifybe comparable to the amounts required by comparable landlords of comparable buildings, defend, save harmless or (iii) result in the City of Xxxxx from any penalties for violation cancellation of any lawfire or other property insurance policy maintained by or for the benefit of Landlord (subject to the same parenthetical contained in clause (i) above). Tenant, ordinance at Tenant’s expense, shall comply with all rules, orders, regulations or regulation affecting requirements of the American Insurance Association (formerly the National Board of Fire Underwriters) and with any similar body that shall hereafter perform the function of such Association. (b) If, by reason of any act or having application omission on the part of Tenant which is inconsistent with the use permitted hereunder, whether or not Landlord has consented to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionsame, the Contractor rate of “all risk” or other type of insurance maintained by Landlord on the Property or the Building or other property of Landlord shall carry Insurances in be higher than it otherwise would be, but for such act or omission, Tenant shall reimburse Landlord for that part of the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage premiums for blanket contractual liability for such insurance paid by Landlord because of such act or omission on the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policypart of Tenant, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx sum shall be furnished with a certificate Additional Rent and payable within five (5) days of insurancedemand. If, which shall provide that due to the occupancy or abandonment of, or Tenant’s failure to occupy, the Premises as herein provided, any such insurance shall not be changed or canceledcanceled by the insurance carrier, without ten days prior then, in any of such events, Tenant hereby indemnifies Landlord against liability which would have been covered by such insurance. Landlord shall give Tenant notice of any such cancellation promptly after Landlord shall have received written notice to thereof. Tenant shall also pay any increase in premiums on any rent insurance carried by Landlord for its protection against rent loss through fire or casualty if such increase shall result from any of the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Orderforegoing events.

Insurance Requirements. The Contractor assumes Section 15.01. Tenant shall not do or permit to be done any act or thing upon the Premises which will invalidate or be in conflict with the Certificate of Occupancy for the Premises or the terms of any standard form of “all risk” property insurance policies covering the Building and the fixtures and property therein; and shall, at its own expense, comply with all rules, orders, regulations or requirements of the National Fire Protection Association and the Insurance Service Office of Pennsylvania or any other similar body having jurisdiction and shall not knowingly do or permit anything to be done in or upon the Premises or bring or keep anything therein or use the Premises in a manner which increases the rate of property insurance upon the Building or on the property or equipment located therein or cause any such policy or policies to be canceled. Section 15.02. If any installation in or use of the Premises by Tenant increases the rate of “all risk” property insurance on the Building or on the property and equipment of Landlord or any other tenant or subtenant in the Building and such rate shall be higher than it otherwise would be, Tenant shall, within ten (10) days after being billed therefor, reimburse Landlord for that part of the fire insurance premiums thereafter paid by Landlord which shall have been charged because of such installation or use by Tenant, and such reimbursement shall be deemed Additional Rent. Section 15.03. Tenant covenants and agrees to provide on or before the Commencement Date and to keep in force during the entire Term of this Lease: (a) commercial general liability insurance for the mutual benefit of Landlord and Tenant relating to the Premises and its appurtenances in an amount of not less than Five Million and 00/l00 Dollars ($5,000,000.00) in respect of personal injury or death and of not less than Five Million and 00/l00 Dollars ($5,000,000.00) in respect of property damage; and (b) “All Risk” property insurance covering all risks incident of physical loss, in an amount adequate to cover the cost of replacement of all fixtures, equipment, decoration, contents and personal property therein, provided, that upon satisfactory evidence of financial worth of at least $100,000,000, Tenant shall have the ability to self-insure such risks; and (c) if there is a boiler or air-conditioning equipment in, on, adjoining or beneath the Premises for the sole benefit of Tenant, broad form, boiler or machine insurance in connection with its purpose the amount of Two Hundred Fifty Thousand and 00/l00 Dollars ($250,000.00). All such insurance shall name Landlord, Building Manager and Landlord’s mortgagee (“Landlord Insured Entities”) as additional insureds as their respective interests may appear and contain a stipulation that it is Tenant’s primary insurance. Tenant agrees to deliver to Landlord at least fifteen (15) days prior to the time such insurance is first required to be conducted herein under carried by Tenant, and shall indemnify, defend and save thereafter at least fifteen (15) days prior to the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation expiration of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability such policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with either a duplicate original or a certificate of insuranceinsurance procured by Tenant evidencing compliance with its obligations hereunder, which together with evidence of payment therefor. Landlord agrees that it shall provide that carry insurance on the Building sufficient to replace the Building, including the Premises. All of the aforesaid insurance shall be written by one or more responsible insurance companies satisfactory to Landlord and shall contain endorsements that: (i) such insurance shall may not be changed canceled or canceled, without ten amended with respect to Landlord and the other Landlord Insured Entities except upon thirty (30) days prior written notice to Landlord from the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance insurer; and (ii) Tenant shall be delivered solely responsible for payment of premiums for such insurance. If Tenant fails to furnish such insurance, Landlord may obtain such insurance and the premiums shall be paid by Tenant as Additional Rent within ten (10) days after being billed therefor. Section 15.04. Notwithstanding anything to the City of Xxxxx prior contrary contained in this Lease, if either party suffers an injury (such injured party being referred to herein as the “Injured Party”), the Injured Party waives claims arising in any manner in its favor and against the other party and the other party’s directors, officers, employees, shareholders and agents for loss or damage to the issuance Injured Party’s property located within or constituting a part or all of any Work Orderthe Building, but only to the extent the loss or damage is capable of being insured against by “All Risk” form insurance coverage, whether carried or not. This waiver does not apply to claims caused by a party’s willful misconduct. The property insurance policies carried by Landlord and Tenant shall contain a waiver of subrogation clause consistent with this Section 15.04.

Insurance Requirements. The Without in any way limiting Proposer’s liability pursuant to the “Indemnification” section of the Agreement (included as Appendix A), the Contractor assumes all risks incident must maintain in force, during the full term of the Agreement, insurance in the following amounts and coverage: • Commercial General Liability Insurance with limits not less than $10,000,000 per each occurrence and $20,000,000 general aggregate for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations. • Commercial Automobile Liability Insurance with limits not less than $2,000,000 per each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non-Owned, and Hired auto coverage, as applicable. • Worker’s Compensation Insurance with Employer’s Liability limits not less than $1,000,000 in statutory amounts, per each accident, injury, or illness. • Professional Liability Insurance, applicable to Proposer’s profession, with limits not less than $10,000,000 per each claim with respect to negligent acts, errors, or omissions in connection with its purpose professional services to be conducted herein provided under the Agreement. Commercial General Liability and shall indemnify, defend and save Commercial Automobile Liability Insurance policies must be endorsed to provide: • Name as Additional Insured the City and County of Xxxxx harmless from damage or injuries of whatever nature or kind San Francisco, the San Francisco Public Utilities Commission, and their respective officers, agents, and employees; and • That such policies are primary insurance to persons or property any other insurance available to the Additional Insureds, with respect to any claims arising directly or indirectly out of the Contractor’s operations Agreement, and arising from acts that insurance applies separately to each insured against whom claim is made or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employeessuit is brought. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Regarding Workers’ Compensation, if applicableProposer hereby agrees to waive subrogation, which any insurer of Proposer may acquire from Proposer by virtue of the payment of any loss. Proposer agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Proposer, its employees, agents, and coverage for Federal Employerssubcontractors. All policies must provide 30 days’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior advance written notice to the City of Xxxxxreduction or nonrenewal of coverages or cancellation of coverages for any reason. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance Notices shall be delivered sent to the City of Xxxxx prior address in the “Notices to the issuance Parties” section of the Agreement. Should any Work Orderof the required insurance be provided under a claims-made form, Contractor must maintain such coverage continuously throughout the term of the Agreement and, without lapse, for a period of three years beyond the expiration of the Agreement, to the effect that, should occurrences during the Agreement term give rise to claims made after expiration of the Agreement, such claims shall be covered by such claims-made policies. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above. Should any required insurance lapse during the term of the Agreement, the City shall not be obligated to process Contractor’s requests for payments originating after such lapse until the City receives satisfactory evidence of reinstated coverage as required by the Agreement, effective as of the lapse date. If Contractor does not reinstate the lapsed insurance, the City may, at its sole option, terminate the Agreement effective on the date of such lapse of insurance. Before commencing any operations under the Agreement, Proposer must furnish to the City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall constitute a material breach of the Agreement. Approval of the insurance by the City shall not relieve or decrease the liability of the Contractor hereunder. If Contractor seeks to use a subcontractor to complete any portion of the Agreement obligations, Contractor shall ensure that the subcontractor provides all necessary insurance naming the City and County of San Francisco, the San Francisco Public Utilities Commission, and their respective officers, agents, and employees and the Contractor listed as additional insureds.

Insurance Requirements. Tenant shall not do or commit any act upon the Leased Premises or bring into or keep upon the premises any article which will affect the fire risk or increase the rate of fire insurance or other insurance on the building. The Contractor assumes Tenant shall be entitled to use those solvents and materials which are customarily used in the carrying on of its business. The Tenant shall from time to time provide the Landlord with a list of such solvents and materials in order that the Landlord shall be able to advise its insurer accordingly. Tenant shall comply with the rules and requirements of the Insurers' Advisory Organization of Canada or any successor body, and with the requirements of all insurance companies having policies of any kind whatsoever in effect covering the building, including policies insuring against tort or delictual liability. Subject to the foregoing, in no event shall any inflammable material, except for kinds and quantities required for ordinary office occupancy and permitted by the insurance policies covering the building, or any explosives or radioactive material whatsoever, be taken into the Leased Premises or retained therein. Should the rate of any type of insurance on the building be increased by reason of any violation of this lease by Tenant, Landlord, in addition to all other remedies, shall pay the amount of such increase, and the amount so paid shall become due and payable immediately by Tenant and collectible as Additional Rental. Tenant shall take out and keep in force during the Term of this lease comprehensive general liability insurance in amounts and with policies in form satisfactory from time to time to Landlord and with insurers reasonably acceptable to Landlord, the comprehensive general liability insurance in no event to be for less than five million dollars ($5,000,000.00), inclusive limits and all risks incident to or insurance covering furniture, fixtures and improvements in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice an amount equal to the City full insurable value thereof. Copies of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance each insurance policy shall forthwith upon execution be delivered to Landlord, at the City request of Xxxxx the Landlord. Each such policy shall name Landlord as an additional insured as its interest may appear and the comprehensive general liability policy shall contain a cross liability clause. The cost of premium for each and every such policy shall be paid by Tenant. Tenant shall obtain form the insurers under such policies, undertakings to notify Landlord in writing at least ten (10) days prior to any cancellation thereof. Tenant agrees that if Tenant fails to take out or to keep in force such insurance and Tenant had failed to remedy such default within two (2) days after written notice from Landlord specifying such default, Landlord will have the issuance right to do so and to pay the premium therefor and in such event Tenant shall repay to Landlord the amount paid as premium, plus fifteen percent (15%) administration fee for doing so, which repayment shall be collectible as Additional Rental payable on the first day of any Work Orderthe next month following the said payment of Landlord.

Insurance Requirements. All insurance policies of Landlord and Tenant shall be (i) in form reasonably satisfactory to Landlord; and (ii) written with insurance companies reasonably satisfactory to Landlord and having a policyholder rating of at least "A" and a financial size category of at least "Class XII" as rated in the most recent edition of "Best's Key Rating Guide" for insurance companies, and authorized to engage in the business of insurance in the State in which the Premises are located. The Contractor assumes commercial general liability and comprehensive automobile liability insurance policies shall name Landlord and Landlord's directors, officers, partners, agents, employees, and managing agent as additional insureds and shall provide that they may not be terminated or modified in any way that would materially decrease the protection afforded Landlord under this Lease without 30 days' advance notice to Landlord. The minimum limits of insurance specified in this article shall in no way limit or diminish Landlord's or Tenant's liability under this Lease. Tenant and Landlord shall furnish each other, not less than 15 days before the date the insurance is first required to be carried, and thereafter at least 15 days before the expiration of each policy, evidence of insurance (on ACORD 27 or other form acceptable to Landlord), and such other evidenxx xx coverages as Landlord may reasonably request, and evidence of payment of all risks incident to or premiums and other expenses owed in connection with the policies. On Tenant's default in obtaining or delivering any required insurance or Tenant's failure to pay the charges for any required insurance, Landlord may, at its purpose option, on or after the tenth day after notice is given to Tenant, procure or pay the charges for the insurance and the total cost and expense (including attorneys' fees) incurred shall be conducted herein under paid by Tenant to Landlord. Any minimum amount of coverage specified in this article shall be subject to increase at any time, and shall indemnifyfrom time to time, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out after commencement of the Contractor’s operations and arising from acts or omissions third full year of its employees and the Lease Term, if Landlord shall indemnify, defend, save harmless reasonably determine that an increase is necessary for adequate protection. Within 30 days after demand by Landlord that the City of Xxxxx from any penalties for violation minimum amount of any lawcoverage be increased, ordinance or regulation affecting or having application to said operation or resulting from Tenant shall furnish Landlord with evidence of the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Orderincreased coverage.

Insurance Requirements. The Contractor assumes a. At all risks incident times during the Term of this Agreement and for a period of two (2) years after termination of this Agreement for any coverage maintained on a "claims-made" or "occurrence" basis, Customer and/or its carrier (if applicable) shall maintain at their expense the below listed insurance in the amounts specified below which are minimum requirements. Customer shall require that carrier cause all of its contractors providing authorized drivers or authorized vehicles, to or carry such insurance, and Customer shall be liable to TGP for their failure to do so. Such insurance shall provide coverage to TGP and such policies, other than Worker's Compensation Insurance, shall include TGP as an Additional Insured. Each policy shall provide that it is primary to and not contributory with any other insurance, including any self­ insured retention, maintained by TGP (which shall be excess) and each policy shall provide the full coverage required by this Agreement. All such insurance shall be written with carriers and underwriters reasonably acceptable to TGP, and eligible to do business in connection with its purpose to be conducted herein under the states where the Terminals are located and shall indemnifyhaving and maintaining an A.M. Best financial strength rating of no less than "A-" and financial size rating no less than "VII", defend and save provided that Customer and/or the City of Xxxxx harmless carrier may procure worker's compensation insurance from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out the state fund of the Contractor’s operations state where the Terminal(s) are located. All limits listed below are required MINIMUM LIMITS: (i) Workers Compensation and arising from acts Occupational Disease Insurance which fully complies with Applicable Law of the state where each Terminal is located, in limits not less than statutory requirements; (ii) Employers Liability Insurance with a minimum limit of $1,000,000 for each accident, covering injury or omissions death to any employee which may be outside the scope of its employees the worker's compensation statute of the jurisdiction in which the worker's service is performed, and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: aggregate as respects occupational disease; (iii) Commercial General Liability Insurance, including contractual liability insurance covering carrier's indemnity obligations under this Agreement, with minimum limits of $1,000,000 Each Occurrence $1,000,000 General Aggregate Must combined single limit per occurrence for bodily injury and property damage liability, or such higher limits as may be reasonably required by TGP or by Applicable Law from time to time. This policy shall include Broad Form Contractual Liability insurance coverage for blanket contractual liability for which shall specifically apply to the obligations assumed under contract Comprehensive in this Agreement by Customer; (iv) Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to Insurance covering all owned, non-ownedowned and hired vehicles, leasedwith minimum limits of $1,000,000 combined single limit per occurrence for bodily injury and property damage liability, hired or borrowed vehicles such higher limit(s) as may be required by Customer or by Applicable Law from time to time. Coverage must assure compliance with Sections 29 and must include coverage for blanket contractual 30 of the Motor Carrier Act of 1980 and all applicable rules and regulations of the Federal Highway Administration's Bureau of Motor Carrier Safety and Interstate Commerce Commissioner (Form MCS 90 Endorsement). Limits of liability for this insurance must be in accordance with the obligations assumed financial responsibility requirement of the Motor Carrier Act, but not less than $1,000,000 per occurrence; (v) Excess (Umbrella) Liability Insurance with limits not less than $4,000,000 per occurrence. Additional excess limits may be utilized to supplement inadequate limits in the primary policies required in items (ii), (iii), and (iv) above; (vi) Pollution Legal Liability with limits not less than $25,000,000 per loss with an annual aggregate of $25,000,000. Coverage shall apply to bodily injury and property damage including loss of use of damaged property and property that has not been physically injured; clean-up costs, defense, including costs and expenses incurred in the investigation, defense or settlement of claim; and (vii) Property Insurance, with a limit of no less than $1,000,000, which property insurance shall be first-party property insurance to adequately cover Customer's owned property; including personal property of others. b. All such policies must be endorsed with a Waiver of Subrogation endorsement, effectively waiving rights of recovery under contract Workers’ Compensation Statutory Limits subrogation or otherwise, against TGP, and shall contain where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, a severability of interest clause and a standard cross liability clause. c. Upon execution of this Agreement and prior to the operation of any equipment by Customer, carrier or its authorized drivers at the Receipt Locations, Customer and/or carrier will furnish to TGP, and at least annually thereafter (or at any other times upon request by TGP) during the Term of this Agreement (and for any coverage maintained on a "claims-made" basis, for Federal Employers’ Liability Acttwo (2) years after the termination of this Agreement), if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policyinsurance certificates and/or certified copies of the original policies to evidence the insurance required herein, which follows formincluding on behalf of carrier's contractors providing authorized vehicles or authorized drivers. Such certificates shall be in the form of the "Accord" Certificate of Insurance, may and reflect that they are for the benefit of TGP and shall provide that there will be used to obtain no material change in or cancellation of the aforementioned limits Professional Liability policies unless TGP is given at least thirty (if applicable30) $1,000,000 Each Claim $2,000,000 General Aggregate The City days prior written notice. Certificates providing evidence of Xxxxx renewal of coverage shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days to TGP prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance policy expiration. d. Customer and/or carrier shall be delivered to the City of Xxxxx prior to the issuance of solely responsible for any Work Orderdeductibles or self-insured retention.

Insurance Requirements. The Contractor assumes all risks incident agrees to purchase from a company lawfully authorized to do business in the State of Indiana, with a rating of no lower than (A-) by AM Best rating or in connection with its purpose to other rating services. The insurance must be conducted herein under and shall indemnify, defend and save maintained without interruption from the City date of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out commencement of the Contractor’s operations and arising from acts 's work. The Contractor will not permit any Subcontractor to commence work on this project until the same insurance requirements have been complied with by each Subcontractor. The following is the minimum limits of coverage acceptable: WORKERS COMPENSATION $100,000 Each Accident $500,000 Disease Policy Limit $500,000 Disease Each Employee If Workers Compensation is not required, as Contractor is operating as an sole proprietor, partnership, or omissions member of its employees and shall indemnifya LLC, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting Contractor will provide a validated "Waiver" from the carelessnessState of Indiana. AUTOMOBILE $1,000,000 Combined Single Limit. Covered autos include owned, negligence or improper conduct of Contractor or any of its agents or employeeshired and non- owned. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability COMMERCIAL GENERAL LIABILITY $1,000,000 Each Occurrence $1,000,000 General Personal and Advertising Injury $2,000,000 Products and Completed Operations Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx Contractor's insurance shall be furnished with a certificate of insurancePRIMARY and NON-CONTRIBUTORY (including, which shall provide that but not limited to contribution by equal shares) basis to the Owner. The Contractor's policy will be amended to reflect this requirement. Indemnity: Included in such insurance will be contractual coverage sufficiently broad to insure the provisions of Section 4, Article 6. UMBRELLA $1,000,000 Each Occurence $2,000,000 Aggregate RAILROAD PROTECTIVE INSURANCE If applicable, before commencement of work under or across a railroad, the Contractor shall obtain, at his own cost, Railroad Protective Insurance in accordance with the requirements of the specified railroad. BUILDER'S RISK "ALL RISK" INSURANCE If the project includes construction of a building, before commencement of the work, the Contractor shall submit written evidence that he has obtained, for the period of the Contract, Builders' Risk "All-Risk" Completed Value Insurance coverage, including Flood and Earthquake, upon the entire project which is the subject of this Contract and including completed work and work in progress. Such insurance shall include as Additional Named Insureds: The Owner and the Engineer and each of their employees and agents; and any other persons with an insurable interest designated by the Owner as an Additional Named Insured. If such insurance has a deductible clause, the amount deductible shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Orderexceed $250.00.

Insurance Requirements. The Contractor assumes all risks incident Contractor, at its own cost and expense, shall procure and maintain insurance coverage satisfactory to or TRIPLE CROWN, which shall include not less than the following coverage: a) Worker’s Compensation Insurance to meet fully the requirement of any Compensation act, plan, legislative enactment applicable in connection with its purpose to be conducted herein under and shall indemnifythe death, defend and save the City disability, or injury of Xxxxx harmless from damage Contractor’s officers, agents, servants or injuries of whatever nature or kind to persons or property employees arising directly or indirectly out of performance of the services herein undertaken; b) Employer’s Liability Insurance with limits of not less than $500,000 each accident, $500,000.00 USD policy limit for disease, and $500,000.00 USD each employee for disease; c) Commercial General Liability Insurance with a combined single limit of not less than $2,000,000.00 USD per occurrence for injury to or death of persons and damage to or loss or destruction of property. Such policy shall be endorsed to provide products and completed operations coverage and contractual liability coverage for liability assumed under this Agreement. The contractual liability coverage shall be of a form that does not deny coverage for operations conducted within 50 feet of any railroad hazard. In addition, said policy or policies shall be endorsed to name TRIPLE CROWN and its parent(s), subsidiaries and affiliates as additional insureds, and shall include a severability of interests provision; d) Trucker’s Liability Insurance with a combined single limit of not less than $2,000,000.00 USD each occurrence for injury to or death of persons and damage to or loss or destruction of property. Such policy shall be endorsed to provide Form MCS-90 coverage as presently prescribed by the Federal Motor Carrier Safety Administration and shall meet all insurance requirements of the Motor Carrier Act of 1980, as amended from time to time, and/or any other governmental regulation requiring insurance of motor carriers as a prerequisite for operating authority, as such Act or other regulation shall be implemented from time to time by any duly authorized government agency, regardless of whether such requirements would otherwise have applied to Contractor’s operations . Said policy or policies shall also be endorsed to name TRIPLE CROWN and arising from its parent(s), subsidiaries, and affiliates as additional insureds, and shall include a severability of interests provision; e) Insurance covering damage to lading or cargo with limits of not less than $250,000.00 USD for freight in each trailer. This insurance shall not be applicable to services in Mexico, unless such is requested by TRIPLE CROWN. f) For Services in Mexico: (i) Civil liability insurance for damage to third parties for all owned and non- owned vehicles of Contractor or its employees, Subcontractors, or agents in an amount that is the greater of the minimum requirements established by the competent transportation authorities in Mexico or MXN$2,000,000.00 Pesos per accident for: injury to or death of persons and damage to or loss or destruction of property, including hazardous materials and/or products, in an accident; damage to property caused in whole or in part by acts or omissions of Contractor or its employees employees, Subcontractors, or agents; or any other activity associated or related to the Agreement or by acts of God or force majeure, in accordance with applicable Mexican Civil Code, the Federal Labor Law and other applicable Laws (as defined herein). (ii) When necessary, environmental civil liability insurance in the total amount of not less than MXN$2,000,000.00 Pesos for each casualty or any other amount or amounts that from time to time are required by TRIPLE CROWN and/or the competent transportation authorities in Mexico, for injury to or death of persons and damage to or loss or destruction of property, and damage to the environment, including from hazardous materials and products, regardless of cause. Contractor shall indemnifyfurnish certificates of insurance to TRIPLE CROWN, defend0 Xxxxxx Xxxxxx, save harmless 000 X Xxxxxxxx Xxxx Xx, Xxxxx 000, Xxxx Xxxx, XX 000000 Attn: Director of Operations, certifying the City existence of Xxxxx from any penalties for violation such insurance. Each insurance policy required by this clause shall be endorsed to state that thirty (30) days advance written notice will be given to TRIPLE CROWN of any lawmaterial change in, ordinance or regulation affecting or having application to said operation or resulting from cancellation of such insurance. For the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionMexico insurance, the Contractor shall carry Insurances in policies providing the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include foregoing coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished issued by insurance institutions duly authorized to operate in Mexico and with a certificate of insuranceacceptable creditworthiness. If Contractor uses “owner operators” or subcontractors, which Contractor will assure the same insurance coverage is extended to cover any and all operations by said owner operators or subcontractors. The insurance coverage required herein shall provide that such insurance shall not be changed in no way limit, affect, or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Ordermodify Contractor’s obligations or liability under this Agreement.

Insurance Requirements. The Contractor assumes all risks incident Without limiting Consultant’s duties of defense and indemnification: A. Consultant and any subcontractor shall carry Commercial General Liability Insurance, and other coverage necessary to protect County and the public, with limits of $2 million per occurrence or claim. Such coverage shall: 1. Be equivalent to the current Insurance Services Office (ISO) form CG 00 01, assuring coverage for products and completed operations, property damage, bodily injury, and personal and advertising injury. 2. Include an endorsement, or an amendment to the policy of insurance, naming Shasta County, its elected officials, officers, employees, agents, and volunteers as additional insureds; the additional insureds coverage shall be equal to the current ISO forms CG 20 10 for on-going operations, and CG 20 37 for completed operations. 3. Apply separately to this project and location(s); in connection the event of a general aggregate limit, the general aggregate limit shall be twice the required per occurrence limit. 4. Contain, or be endorsed to contain, a “separation of insureds” clause which shall read: “Separation of Insureds. Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each suit insured against whom a claim is made or suit is brought.” B. Consultant and any subcontractor shall carry Automobile Liability Insurance covering any auto, unless Consultant has no owned autos then covering at minimum hired and non-owned autos, with limits of $1 million per occurrence or claim. Such coverage shall: 1. Include, or be endorsed to contain, Additional Insured coverage in favor of Shasta County, its purpose elected officials, officers, employees, agents, and volunteers. 2. Include, or be endorsed to be conducted herein under contain, coverage for hazardous waste transportation, when appropriate to the work being performed. C. Consultant and any subcontractor shall indemnifycarry statutorily required Workers' Compensation Insurance, defend and save Employer's Liability Insurance with limits of $1 million per occurrence or claim, to cover Consultant, subcontractor, Consultant's partner(s), subcontractor's partner(s), Consultant's employees, and subcontractor’(s’) employees, covering the City of Xxxxx harmless from damage full liability for compensation for injury to those employed by Consultant or injuries of whatever nature or kind to persons or property arising directly or indirectly out subcontractor. Consultant hereby certifies that Consultant is aware of the Contractor’s operations provisions of section 3700 of the Labor Code, which requires every employer to insure against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and arising from acts Consultant shall comply with such provisions before commencing the performance of the work or omissions the provision of its employees services pursuant to this agreement. [KEYBOARD <16>] D. [For agreements with architects, engineers, surveyors, consultants, counselors, attorneys, accountants, information technology professionals, technical and shall indemnifyprofessional instructors, defendclinics, save harmless the City of Xxxxx from any penalties for violation of any lawclinicians, ordinance or regulation affecting or having application to said operation or resulting from the carelessnessmedical providers, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionand other “professionals” providing services requiring professional knowledge, the Contractor add:] Consultant shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicableErrors and Omissions) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insuranceInsurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice applicable to the City Consultant’s profession and the services/work being performed, with limits of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Ordernot less than $2 million per occurrence or claim, $2 million aggregate.

Insurance Requirements. The Contractor assumes all risks incident to All insurance and renewals thereof shall be issued by companies with a rating of at least "A-" "VIII" or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances better in the following amounts: Commercial Liability $1,000,000 current edition of Best's Insurance Report and be licensed to do and doing business in the state in which the Property is located. Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx policy shall be furnished with a certificate of insurance, which shall expressly provide that such insurance the policy shall not be changed canceled or canceled, materially altered without ten thirty (30) days prior written notice to the City of XxxxxLandlord and shall remain in effect notwithstanding any such cancellation or alteration until such notice shall have bean given to Landlord and such thirty (30) days shall have expired. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance All liability insurance (except employers liability) shall name Landlord and any other parties designated by Landlord (including any investment manager, asset manager or property manager) as an additional insured, shall be delivered primary and noncontributing with any insurance which may be carried by Landlord, shall afford coverage for all claims based on any act, omission, event or condition that occurred or arose) or the onset of which occurred or arose) during the policy period, and shall expressly provide that Landlord, although named as an insured, shall nevertheless be entitled to recover under the City policy for any loss, injury or damage to Landlord. All property insurance shall name Landlord as loss payee as respects Landlord's interest in any improvements and betterments. Tenant shall deliver certificates of Xxxxx prior insurance, acceptable to Landlord, to Landlord at least ten (10) days before the issuance Commencement Date and at least ten (10) days before expiration of each policy. If Tenant fails to insure or fails to furnish any Work Ordersuch insurance certificate, Landlord shall have the right from time to time to effect such insurance for the benefit of Tenant or Landlord or both of them, and Tenant shall pay to Landlord on written demand, as additional rent, all premiums paid by Landlord.

Insurance Requirements. i. The Contractor assumes Vendor shall, prior commencing any portion or aspect of the Service under this Agreement, furnish Customer with Certificates of Insurance confirming the insurance coverage required during the term of the Agreement and identifying the additional insureds, and provide the Blanket Additional Insured Endorsement as required in paragraph iii below. ii. The Vendor shall cause all risks incident to or in connection with its purpose insurances required by this Agreement to be conducted herein under in full force and effect as of the date of this Agreement and to remain in full force and effect throughout the term of this Agreement and as further required by this Agreement. The Vendor shall indemnifynot take any action, defend or omit to take any action that would suspend or invalidate any of the required coverages during the time period such coverages are required to be in effect. iii. The Vendor shall obtain and save maintain in full force and effect commercial general liability insurance for bodily injury and property damage with a combined single limit of not less than $5,000,000 each occurrence. The required general liability insurance shall include a comparable limit with respect to Personal Injury and Advertising injury, and a “Blanket Additional Insured Endorsement” in favor of the City of Xxxxx harmless from damage Customer, using form CG 20 10 1185 or injuries of whatever nature or kind its equivalent, covering the additional insureds “as required by written contract” with respect to persons or property liability arising directly or indirectly out of the ContractorVendor’s operations ongoing and arising from acts or omissions of its employees completed operations. iv. The Vendor shall obtain and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor maintain in full force and effect Statutory Workers Compensation and Employers’ Liability Insurance as required by New York State or any of its agents other state to which they are required to maintain workers’ compensation and employers’ liability insurance. v. When the Service includes hiring or employees. In this connectionchartering bus, limousine or any other transportation services the Contractor Vendor shall carry Insurances obtain and maintain in the following amounts: full force and effect Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to Insurance for all owned, non-owned, leased, owned and hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished autos with a certificate combined single limit of insurancenot less than $10,000,000 per occurrence. vi. The Vendor shall name Customer, which the Archdiocese of New York and His Eminence Xxxxxxx X. Xxxxxxxx Xxxxx and any party qualifying as an indemnitee hereunder as additional insureds to the general liability insurance and automobile liability insurance policies required under this Agreement. vii. Each policy must contain an endorsement that such policy is primary and non- contributory insurance to any other insurance available to the additional insured with respect to claims arising hereunder. viii. Each policy must expressly state that it may not be canceled or non-renewed unless thirty (30) days’ advance notice of cancellation is given in writing to Customer by the insurance company. ix. Prior to performing the Service contemplated by this Agreement, the Vendor shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates Customer with a Certificate of Insurance shall be delivered to verifying that the City required insurance coverage, inclusive of Xxxxx prior to the issuance of any Work Orderall terms and conditions listed in paragraphs I and ix above, is in full force and effect.

Insurance Requirements. A. CONSULTANT shall procure at its expense, and keep in effect at all times during the term of this Agreement, the types and amounts of insurance specified below:  Commercial General Liability must be for a minimum of $2,000,000.00 each occurrence.  Automobile Liability insurance coverage must be for a minimum of $1,000,000.00 CSL.  Workers Compensation and Employers’ Liability: $1,000,000.00  Professional Liability – Errors and Omissions coverage of $1,000,000.00 The Contractor assumes all risks incident specified insurance shall also include and insure CCSE and their respective board of directors, officers, employees, and agents, and their successors and assigns as additional insureds, against the areas of risk described in the Agreement with respect to CONSULTANT’s acts or omissions in connection the performance of this Consulting, in its operations, use, and occupancy of the site(s), or other related functions performed by or on behalf of CONSULTANT in, on, or about the sites(s). B. Each specified insurance policy (other than Worker’s Compensation and Employers’ Liability) shall contain a Severability of Interest (Cross Liability) clause which states, “It is agreed that the insurance afforded by this policy shall apply separately to each insured against whom a claim is made or suit is brought except with its purpose respect to the limits of the company’s liability,” and a Contractual Endorsement which shall state, “Such insurance as is afforded by this policy shall also apply to liability assumed by the insured under Insured’s Agreement with CCSE.” C. All such insurance shall be conducted herein under primary and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly noncontributing with any other insurance held by CCSE where liability arises out of or results from the Contractor’s operations and arising from acts or omissions of CONSULTANT, its employees agents, employees, officers, assigns, or any person or entity acting for or on behalf of CONSULTANT. Such policies may provide for reasonable deductibles and/or retentions acceptable to CCSE based upon the nature of CONSULTANT’s operations and the type of insurance involved. D. CCSE shall have no liability for any premiums charged for such coverage(s). The inclusion of CCSE as an additional insured is not intended to, and shall indemnifynot make them, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents them, a partner or employeesjoint venturer with CONSULTANT in CONSULTANT’s operations at sites(s) or in the performance of this Consulting. In this connectionthe event CONSULTANT fails to furnish CCSE with evidence of insurance and maintain the insurance as required, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability CCSE upon ten (if applicable10) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to comply, may (but shall not be required to) procure such insurance at the City reasonable cost and expense of XxxxxCONSULTANT, and CONSULTANT agrees to promptly reimburse CCSE for the cost thereof plus fifteen (15) percent for administrative overhead. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance Payment shall be delivered made by CONSULTANT to the City CCSE within fifteen (15) calendar days of Xxxxx invoice date. E. At least fifteen (15) days prior to the issuance expiration date of the above policies, documentation showing that the insurance coverage has been renewed or extended shall be filed with CCSE. If such coverage is canceled or reduced, CONSULTANT shall, within ten (10) days of such cancellation of coverage, file with CCSE evidence that the required insurance has been reinstated or provided through another insurance company or companies. F. CONSULTANT shall provide proof of all specified insurance and related requirements to CCSE by production of a certificate of insurance acceptable to CCSE. The certificate of insurance evidencing all specified coverages shall be filed with CCSE prior to CONSULTANT’s performing under this Agreement or occupying the sites(s). The documents shall contain the applicable policy number, the inclusive dates of policy coverages, and the insurance carrier’s name, address and telephone phone number, and shall provide that written notice of the cancellation of the policy shall be provided by mail to CCSE at least thirty (30) days prior to the effective date thereof. CCSE reserves the right to have submitted to it, upon request, all pertinent information about the agent, broker and carrier providing such insurance. G. CONSULTANT agrees that the insurance policy limits specified herein may be reviewed by CCSE for adequacy throughout the term of this Consulting, and CCSE may, thereafter, on thirty (30) days prior written notice, require CONSULTANT to adjust the amounts of insurance coverage to whatever reasonable amount CCSE deems to be adequate. At all times, CONSULTANT may meet all required insurance limits through a combination of primary and excess insurance. H. Submission of insurance from a non-California admitted carrier is subject to the provisions of California Insurance Code Sections 1760 through 1780, and any Work Order.other regulations and/or directives from the State Department of Insurance or other regulatory board or agency. CONSULTANT agrees, except where exempted, to provide CCSE proof of said insurance by and through a surplus line broker licensed by the State of California at the address specified below: California Center for Sustainable Energy Attention: Director of Operations 0000 Xxxxxx Xxxxxx, Xxxxx 000 Xxx Xxxxx, XX 00000

Insurance Requirements. The Contractor assumes all risks incident Tenant shall, at Tenant's expense, maintain during the term of this Lease (and, if Tenant shall occupy or conduct activities in or about the Premises prior to or after the term hereof, then also during such pre-term or post-term period): (i) Broad Form Commercial General Liability insurance or Broad Form Comprehensive General Liability insurance, in connection either case including contractual liability coverage, with its purpose a minimum combined single limit of liability of at least $2,000,000 for injuries to, or illness or death of, persons and damage to be conducted herein property occurring in or about the Premises or otherwise resulting from Tenant's operations in the Building, (ii) property insurance protecting Tenant against loss or damage by fire and such other risks as are insurable under then available standard forms of "all risk" insurance policies (excluding earthquake and shall indemnifyflood but including water damage), defend covering Tenant's property in or about the Premises and save also covering any fixtures that may belong to Tenant, Tenant's property, but excluding the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out improvements existing in the Premises as of the Contractor’s operations date of Tenant's initial occupancy of the Premises, for the full replacement value thereof without deduction for depreciation; and arising from (iii) workers' compensation insurance in statutory limits. The above described liability insurance shall protect Tenant, as named insured, and Landlord and its agent and any other parties designated by Landlord, as additional insureds, shall insure Landlord's, its agent and such other parties' contingent liability with regard to acts or omissions of its employees Tenant; and shall indemnifyspecifically include all liability assumed by Tenant under this Lease (provided, defendhowever, save harmless that such contractual liability coverage shall not limit or be deemed to satisfy Tenant's indemnity obligations under this Lease). Landlord reserves the City right to increase the foregoing amount of Xxxxx liability coverage from any penalties for violation of any law, ordinance or regulation affecting or having application time to said operation or resulting time as Landlord reasonably determines is required to adequately protect Landlord and the other parties designated by Landlord from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Ordermatters insured thereby.

Insurance Requirements. The For all of the Services set forth herein, and as hereinafter amended, Contractor assumes all risks incident to shall maintain, or in connection with its purpose cause to be conducted herein under maintained, in full force and effect during the term of this Agreement, at its expense, Worker's Compensation insurance, liability insurance covering personal injury and property damage, and other insurance, with stated minimum coverage, all as listed below. Such policies are to be in the broadest form available on usual commercial terms and shall indemnify, defend and save be written by insurers of recognized financial standing satisfactory to the City of Xxxxx harmless from damage or injuries of whatever COUNTY who has been fully informed as to the nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations Services to be performed. Except for Worker's Compensation and arising from acts professional liability, the COUNTY shall be an additional insured on all such policies with the understanding that any obligations imposed upon the insured (including, without limitation, the liability to pay premiums) shall be the sole obligations of Contractor and not those of the COUNTY. Notwithstanding anything to the contrary in this Agreement, Contractor irrevocably waives all claims against the COUNTY for all losses, damages, claims or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or expenses resulting from risks commercially insurable under the carelessness, negligence insurance described in this Article 20. The provisions of insurance by consultant shall not in any way limit Contractor's liability under this Agreement. Type of Coverage Limits of Coverage Worker's Compensation Statutory Employer's Liability or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability similar insurance $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive each occurrence Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all ownedaggregate Bodily Injury, non-ownedProperty Damage $1,000,000 each occurrence Comprehensive general Liability, leasedincluding broad form $1,000,000 each occurrence contractual liability, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicablebodily injury, and coverage for Federal Employers’ Liability Act, if applicable Employer’s property damage $1,000,000 aggregate Professional Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability aggregate (if applicableIf commercially available for your profession) $1,000,000 each claim Contractor shall attach to this Agreement - Certificates of Insurance evidencing the Contractor's compliance with these requirements. Each Claim $2,000,000 General Aggregate The City policy of Xxxxx insurance shall contain clauses to the effect that ( i ) Such insurance shall be furnished primary without right of contribution of any other insurance carried by or on behalf of the COUNTY with a certificate of insurancerespect to its interests, which shall provide that such insurance ( ii ) It shall not be changed or canceled, including without ten limitation, for non-payment of premium, or materially amended without fifteen (15) days prior written notice to the City COUNTY, directed to the COUNTY’S Risk Management Division and the Department Head, and the COUNTY shall have the option to pay any necessary premiums to keep such insurance in effect, and charge the cost back to Contractor. To the extent it is commercially available, each policy of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance insurance shall be delivered to the City of Xxxxx prior to the issuance of provided on an “occurrence” basis. If any Work Order.insurance is not so commercially available on an “occurrence” basis it shall be provided on a “claims made” basis, and all such “claims made” policies shall provide that:

Insurance Requirements. The a. HDOT shall require the Contractor assumes all risks incident to or in connection with its purpose to be conducted herein under purchase and maintain insurance described below which shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property provide coverage against claims arising directly or indirectly out of the Contractor’s operations under the contract, whether such operations be by the Contractor itself or by any subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. Insurance requirements of the Contractor are included in the State of Hawaii, Department of Transportation, Highways Division, Special Provisions Section 107 – Legal Relations and arising from acts or omissions of Responsibility to Public (Exhibit D). b. VWL shall require its employees retained Consultants to purchase and maintain commercial general liability insurance for bodily injury and property damage with an insurer and in an amount acceptable to HDOT, which insurance policy shall cover the Project and shall indemnifymaintain policy status for the full period of the Project until final acceptance of work by the State and FHWA, defendand thereafter through the running of the applicable statute of limitations and statute of repose. Said commercial general insurance policy shall name all Parties to this Agreement as Additional Insureds and shall provide coverage against claims arising out of the Consultant’s on-going and completed operations provided pursuant to this Agreement, save harmless whether such operations be by the City of Xxxxx from any penalties Consultants or its subcontractors or by anyone directly or indirectly employed by them or by anyone for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or whose acts any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, them may be used to obtain responsible, with the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City exception of Xxxxx shall be furnished with a certificate of insuranceVWL’s Consultants KSF, which shall provide that such insurance Inc. and WSP USA Inc., who shall not be changed required to name WVOA as an Additional Insured, but who shall otherwise comply with these requirements. The procurement of insurance pursuant to this subsection shall not relieve or release the Consultants from their responsibilities under this Agreement or limit the amount of degree of any of their liability and shall apply in excess of and shall not be contributing with any insurance policy maintained by or for the benefit of any of the Additional Insureds and HDOT’s Contractor. c. The retained Consultants shall also maintain professional liability insurance with an insurer and with such coverages and limits of liability acceptable to HDOT, which professional liability insurance policy shall provide coverage for all professional services provided by Consultants in connection with and for the duration such services are provided for the Project. d. VWL shall require VWL’s Consultants to notify the Parties to this Agreement of any changes to its insurance policies or if they receive notice of cancellation of any its insurance policies evidenced on its Certificate of Insurance be canceled, without ten days prior written notice limited in scope or not renewed upon expiration. VWL shall also require its Consultants to submit to and maintain with the City Parties a current Certificate of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates Insurance, from an insurance company authorized by the laws of Insurance shall be delivered the State of Hawaii to issue insurance and evidencing compliance with the City of Xxxxx prior to insurance requirements set forth in subparagraphs b and c herein, and as required by the issuance of any Work OrderState.

Insurance Requirements. The Contractor assumes all risks incident will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII—Admitted) or better in Best’s Insurance Rating Guide and shall be legally licensed and qualified to or conduct business in connection the State of California: The Contractor shall procure and maintain, at its sole expense, Workers’ Compensation Insurance in such amounts as will fully comply with its purpose to be conducted herein under the laws of the State of California and which shall indemnify, defend insure and save provide legal defense for the Contractor and the City, the Housing Authority and CSD against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the Agreement. This coverage may be waived if the Contractor is determined to be functioning as a sole proprietor and the city provided form “Exception to Worker’s Compensation Coverage” is signed, notarized and attached to this Agreement ⊗ General Liability Insurance—to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the Contractor, sub-Contractor, or any person acting for the Contractor or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum amounts provided below: Bodily Injury $1,000,000 per occurrence/ $2,000,000 aggregate Property Damage $500,000 per occurrence/ $500,000 aggregate □ Professional Errors and Omission Insurance—such coverage shall not be less than $1,000,000 per claim and aggregate. ⊗ Liability and Property Damage Insurance coverage for owned and non- owned automotive equipment operated on City/CSD/Housing Authority premises. Such coverage limits shall not be less than $1,000,000 combined single limit. ⊗ A Certificate of Insurance and appropriate additional insured endorsement evidencing the above applicable insurance coverage shall be submitted to the City prior to the execution of this Agreement. The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions: Solely as respect to services done by or on behalf of the named insured for the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnifyXxxxxx Valley, defend, save harmless it is agreed that the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionXxxxxx Valley, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableXxxxxx Valley Housing Authority, and coverage for Federal Employers’ Liability Actthe Xxxxxx Valley Community Services District, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policytheir officers, which follows form, may employees and agents are included as additional insured under this policy and the coverage(s) provided shall be used primary insurance and not contributing with any other insurance available to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx Xxxxxx Valley, the Xxxxxx Valley Housing Authority, and the Xxxxxx Valley Community Services District, its officers, employees and agents, under any third party liability policy The terms of the insurance policy or policies issued to provide the above coverage shall neither be furnished with a certificate of insurance, which amended to reduce the required insurance limits and coverages nor shall provide that such insurance shall not policies be changed or canceled, canceled by the carrier without ten thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the City City, except that cancellation for non-payment of Xxxxxpremium shall require ten (10) days prior written notice by certified or registered mail. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to In the City of Xxxxx event the insurance is canceled, the Contractor shall, prior to the issuance cancellation date, submit new evidence of any Work Orderinsurance in the amounts established.

Insurance Requirements. The Contractor (a) Photographer agrees to carry adequate health, auto, and liability insurance. It is understood that Villanova assumes no financial obligation related to medical bills, including without limitation copays and deductibles, for injuries sustained or claimed to have been sustained while performing work or providing services to Villanova or while on Villanova’s premises, and Photographer releases Villanova of such. (b) If Photographer or any subcontractor thereof will be providing Services on Villanova’s premises, Photographer and any subcontractor thereof shall, at its own expense, secure and maintain the following insurance during the longer of the term of this Agreement, in amounts not less than that specified for each coverage below. Such insurance shall be primary and non-contributory to Villanova’s insurance. Photographer’s Workers’ Compensation shall include a waiver of subrogation in favor of Villanova. Photographer warrants and represents that any subcontractors will maintain Workers’ Compensation, and Photographer further agrees to indemnify Villanova for any loss, cost, liability, expense and/or damage suffered by Villanova as a result of the failure of its subcontractors to maintain such insurance. Failure of Photographer, or any subcontractor thereof, to procure the following insurance or of Villanova in securing a Certificate of Insurance shall not relieve Photographer, and any subcontractor thereof, of any obligation or liability assumed under this Agreement, nor of any obligation or liability imposed by law. In no event shall the liability of Photographer, or any subcontractor thereof, be limited to the extent of any insurance or the minimum limits required herein. Any self-insured retentions, deductibles, and exclusions in coverage in the insurance required shall be assumed by and at the sole risk of Photographer. Photographer or its insurers agrees to provide thirty (30) days advanced written notice to Villanova of any cancellation or material reduction in their or their subcontractor’s required insurance. i. Workers' Compensation for statutory obligations imposed by workers' compensation and occupational disease laws. Employers' Liability insurance shall be provided with sublimits of not less than $100,000/ $500,000/ $100,000. If Photographer is a sole proprietor or otherwise not required by law to carry Workers’ Compensation coverage, Photographer certifies that in lieu of Workers’ Compensation coverage Photographer has health insurance to cover Photographer, and anyone Photographer hires to provide services to Villanova on Photographer’s behalf, to meet any and all risks incident to needs for payment of medical costs for any injuries occurring on Villanova property or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application Services. Please initial here if Photographer is not required by law to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employeescarry Workers’ Compensation: ii. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to insurance (Bodily Injury Liability and Property Damage Liability) for all owned, non-owned, leased, hired or borrowed hired, non-owned vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability with limits not less than $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella Accident. If Photographer does not carry a business automobile liability policy, which follows formPhotographer shall maintain an automobile liability policy in statutory amounts and provide a copy of the declarations page(s) of the personal automobile liability policy evidencing policy limits and dates. iii. Commercial General Liability insurance including coverage for premises and operations, may be used to obtain the aforementioned products and completed operations, contractual liability, and personal injury for all operations, written on an occurrence basis with limits Professional Liability (if applicable) not less than $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insuranceOccurrence, which shall provide that such insurance shall not must apply to ongoing operations. “Villanova University” must be changed or canceled, without ten days prior written notice to the City of Xxxxxnamed as an additional insured. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates A Certificate of Insurance shall evidencing the above coverage must be delivered provided to the City of Xxxxx Villanova at least one week prior to commencing work/providing services and/ or products to Villanova under the issuance Agreement and as insurance policies renew during the term of any Work Orderthe Agreement. All insurance coverage must be written with an insurer rated not less than A- by A. M. Best.

Insurance Requirements. The Contractor assumes all risks incident to All insurance and renewals thereof shall be issued by companies with a rating of at least "A-" "VIII" or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances better in the following amounts: Commercial Liability $1,000,000 current edition of Best's Insurance Report and be licensed to do and doing business in the state in which the Property is located. Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx policy shall be furnished with a certificate of insurance, which shall expressly provide that such insurance the policy shall not be changed canceled or canceled, materially altered without ten thirty (30) days prior written notice to the City of XxxxxLandlord and shall remain in effect notwithstanding any such cancellation or alteration until such notice shall have been given to Landlord and such thirty (30) days shall have expired. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance All liability insurance (except employers liability) shall name Landlord and any other parties designated by Landlord (including any investment manager, asset manager or property manager) as an additional insured, shall be delivered primary and noncontributing with any insurance which may be carried by Landlord, shall afford coverage for all claims based on any act, omission, event or condition that occurred or arose or the onset of which occurred or arose) during the policy period, and shall expressly provide that Landlord, although named as an insured, shall nevertheless be entitled to recover under the City policy for any loss, injury or damage to Landlord. All property insurance shall name Landlord as loss payee as respects Landlord's interest in any improvements and betterments. Tenant shall deliver certificates of Xxxxx prior insurance, acceptable to Landlord, to Landlord at least ten (10) days before the issuance Commencement Date and at least ten (10) days before expiration of each policy. If Tenant fails to insure or fails to furnish any Work Ordersuch insurance certificate, Landlord shall have the right from time to time to effect such insurance for the benefit of Tenant or Landlord or both of them, and Tenant shall pay Landlord on written demand, as additional rent, all premiums paid by Landlord.

Insurance Requirements. The Contractor assumes all risks incident to CardioNet shall maintain during the term of this Agreement the following insurance: (a) Workers' Compensation insurance as statutorily required in each applicable jurisdiction; (b) employer's liability insurance with limits of at least [...***...] for each occurrence; (c) automobile liability insurance if the use of motor vehicles is required, with limits of at least [...***...] combined single limit for bodily injury and property damage per occurrence; (d) Commercial General Liability ("CGL") insurance, including Blanket Contractual Liability, Products/Completed Operations Liability, Premises/Operations Liability, Personal/Advertising Injury Liability, and Broad Form Property Damage, with limits of at least [...***...] combined single limit for bodily injury and property damage per occurrence and in the aggregate; (e) Umbrella Liability insurance with limits of at least [...***...] per occurrence and in the aggregate. In addition, the CGL and Umbrella Liability policies shall remain in effect for at least twelve (12) months after: (i) any expiration or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City termination of Xxxxx harmless from damage this Agreement; or injuries of whatever nature or kind to persons or property arising directly or indirectly out (ii) termination of the Contractor’s operations Transition Period. All CGL and arising from acts or omissions automobile liability insurance shall designate XXXXXXXX Xxxxxxxxxxxx and its directors, officers, agents and employees as additional insured. CardioNet shall furnish to QUALCOMM within thirty (30) days after the Effective Date certificates of insurance which evidence the minimum levels of insurance set forth above. Insurance companies providing coverage under this Agreement must be rated by A-M Best with at least an A- VII rating. The Parties acknowledge and agree that the insurance afforded by such insurance policies is primary with respect to QUALCOMM and its directors, officers, agents and employees, and that any other insurance available to QUALCOMM and its directors, officers, agents and employees is excess and non-contributing. CardioNet shall indemnify, defend, save harmless the City notify QUALCOMM in writing at least thirty (30) days prior to cancellation of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances change in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceledpolicies. CardioNet and its agents, without ten days prior written notice officers, directors and employees hereby waive all rights against QUALCOMM and its directors, officers, agents and employees to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Orderextent that they are covered under CGL and Workers Compensation insurance policies.

Insurance Requirements. The Contractor assumes all risks incident Developer shall secure from a company or companies licensed to conduct insurance business in the State of California, pay for, and maintain in full force and effect from and after the Applicable Close of Escrow, and continuing for the duration of this Agreement, a policy of commercial general liability insurance issued by an “A:VI” or better rated insurance carrier as rated by A.M. Best Company as of the date that Developer obtains or renews its insurance policies, on an occurrence basis, in connection which the Agency, the City and their respective officers, employees, agents and representatives are named as additional insureds with its purpose the Developer. Developer shall furnish a certificate of insurance to the Agency prior to the Applicable Close of Escrow, and shall furnish complete copies of such policy or policies upon request by the Agency. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall: (a) Include an endorsement naming the Agency and the City, their officers, employees, agents, representatives and attorneys as additional insureds; (b) Provide a combined single limit policy for both personal injury and property damage in the amount of $2,000,000, which will be considered equivalent to the required minimum limits; (c) Bear an endorsement or shall have attached a rider providing that the Agency shall be notified not less than thirty (30) days before any expiration, cancellation, nonrenewal, reduction in coverage, increase in deductible, or other material modification of such policy or policies, and shall be notified not less than ten (10) days after any event of nonpayment of premium. The Developer shall also file with the Agency the following signed certification: I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be conducted herein under and shall indemnify, defend and save the City insured against liability of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are or to be performed Must include coverage undertake self-insurance before commencing any of the work. The Developer shall comply with Section 3800 of the Labor Code by securing, paying for Longshoremen’s and Harbor maintaining in full force and effect from and after the Close of Escrow, and continuing for the duration of this Agreement, complete Workers’ Compensation, if applicableCompensation Insurance, and coverage for Federal Employers’ Liability Actshall furnish a Certificate of Insurance to the Agency before the commencement of construction. The Agency, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policyits officers, which follows formemployees, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insuranceagents, which shall provide that such insurance representatives and attorneys shall not be changed responsible for any claims in law or canceledequity occasioned by the failure of Developer to comply with this section. Every Workers’ Compensation insurance policy shall bear an endorsement or shall have attached a rider providing that, without ten days prior written notice to in the City event of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates expiration, proposed cancellation, or reduction in coverage of Insurance such policy for any reason whatsoever, the Agency shall be delivered notified, giving the Developer a sufficient time to comply with applicable law, but in no event less than thirty (30) days before such expiration, cancellation, or reduction in coverage is effective or ten (10) days in the City event of Xxxxx prior to the issuance nonpayment of any Work Orderpremium.

Insurance Requirements. The Contractor assumes all risks incident 18.6.1. Insurance required hereunder shall be in companies duly licensed to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances transact business in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicablestate of California, and coverage for Federal Employers’ Liability Actmaintaining during the policy term a “General Policyholders Rating” of at least A- and financial category rating of Class VII in “Best’s Insurance Guide,” unless otherwise mutually approved in writing by Landlord, if applicable EmployerLender and Tenant. 18.6.2. Any of Tenant’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, or Landlord’s policies may be used to obtain in the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City nature of Xxxxx shall be furnished with a certificate “blanket policy” which specifically provides that the amount of insurance, which shall provide that such insurance shall not be changed prejudiced by other losses covered by the policy. 18.6.3. Neither Tenant nor Landlord shall not do or canceledpermit to be done anything which shall invalidate the insurance policies referred to in this Section 18. All such policies shall be written as primary policies, without ten not contributing with and not in excess of the coverage which Landlord or Tenant, respectively, may carry. 18.6.4. Tenant and Landlord shall cause to be delivered to the other certified copies of policies of such insurance or certificates evidencing the existence or amounts of such insurance with the insured and loss payable clauses as required by this Lease. 18.6.5. No such policy shall be cancelable or subject to material modification except after thirty (30) days prior written notice to Landlord or Tenant or any Lender, as the City of Xxxxxcase may be. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx Tenant and Landlord shall, at least thirty (30) days prior to the issuance expiration of such policies, furnish the other with evidence of renewals or “insurance binders” evidencing renewal thereof. 18.6.6. If Tenant or Landlord shall fail to procure and maintain the insurance required to be carried by it this Section 18, Landlord or Tenant may, but shall not be required to, procure and maintain the same, but, in the case of Tenant’s failure to maintain its required insurance, as an Operating Expense. In the case of Landlord’s failure to carry its required insurance, Tenant shall be entitled to a credit against Rent next coming due for any Work Orderpremiums actually paid by Tenant.

Insurance Requirements. The Contractor assumes 6.1 All of Subtenant's contractors shall carry worker's compensation insurance covering all risks incident to or of their respective employees, and shall also carry public liability insurance, including property damage, all with limits, in connection form and with its purpose companies as are required to be conducted herein under carried by Subtenant as set forth in the Sublease. 6.2 Subtenant shall carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of the Tenant Improvements, and such other insurance as Landlord may reasonably require, it being understood and agreed that the Tenant Improvements shall be insured by Subtenant pursuant to the Sublease immediately upon completion thereof. Such insurance shall be in amounts and shall indemnifyinclude such extended coverage endorsements as may be reasonably required by Landlord including, defend but not limited to, the requirement that all of Subtenant's contractors shall carry excess liability and save Products and Completed Operation coverage insurance, each in amounts not less than $500,000 per incident, $1,400,000 in aggregate, and in form and with companies as are required to be carried by Subtenant as set forth in the City of Xxxxx harmless from damage or injuries of whatever nature or kind Sublease. 6.3 Certificates for all insurance carried pursuant to persons or property arising directly or indirectly out this Work Letter must comply with the requirements of the Contractor’s operations Sublease and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to Landlord before the City commencement of Xxxxx prior construction of the Tenant Improvements and before the contractor's equipment is moved onto the site. In the event the Tenant Improvements are damaged by any cause during the course of the construction thereof, Subtenant shall immediately repair the same at Subtenant's sole cost and expense. Subtenant's contractors shall maintain all of the foregoing insurance coverage in force until the Tenant Improvements are fully completed and accepted by Landlord, except for any Product and Completed Operation Coverage insurance required by Landlord, which is to be issued on an "occurrence" (as opposed to a "claims made") basis and be maintained for five (5) years following completion of the issuance of work and acceptance by Landlord and Subtenant. All policies carried under this Paragraph 6 shall insure Landlord and Subtenant, as their interests may appear, as well as the contractors. All insurance maintained by Subtenant's contractors shall preclude subrogation claims by the insurer against anyone insured thereunder. Such insurance shall provide that it is primary insurance as respects the owner and that any other insurance maintained by owner is excess and noncontributing with the insurance required hereunder. 6.4 Any insurance required to be carried by Subtenant under this Work OrderLetter may be carried under blanket insurance policies.

Insurance Requirements. The Contractor assumes all risks incident During the Lease Term, Lessee shall maintain Commercial General Liability Insurance including coverage for bodily injury, death and property damage with a limit of liability of not less than $1,000,000 each occurrence and in the annual aggregate. In addition, during the Lease Term, Lessee shall maintain pollution liability insurance to cover any liability or loss in connection with a release or spill of manure, substrate, effluent or hazardous materials while at or being processed by the Project or otherwise in the 8058 133 4 possession of Lessee or its purpose agents, with a limit of liability of not less than $1,000,000 for each occurrence and in the aggregate. Insurance so provided shall be deemed primary. Lessee shall maintain said insurance with an insurer that is authorized to do business in the State of Wisconsin and has an A-AM Best rating or better. The insurance requirements set forth in this Lease shall be conducted herein under contained in any sublease as applicable to the sublessee and shall indemnifybe enforced by Lessee during the Lease Term. During the Lease Term, defend upon request from Lessor, Lessee shall annually furnish Lessor with certificates of insurance evidencing that the insurance required hereunder is in full force and save effect. All insurance policies required under this Lease shall contain a provision that the City insurer shall send to Lessor written notice of Xxxxx harmless from damage cancellation or injuries of whatever nature or kind to persons or property arising directly or indirectly out any material change in the coverage provided thereunder at least ten (10) days in advance of the Contractor’s operations effective date of the cancellation or change. If insurance is underwritten on a claims-made basis, the retroactive date shall be prior to or coincide with the Effective Date of this Lease and arising the certificate of insurance shall state that coverage is claims-made and indicate the retroactive date. 18. Taxes, Fees, Permits and Licenses. (a) Real Property Taxes and Assessments. Lessee shall pay, within thirty (30) days after written demand from acts or omissions Lessor, any real estate taxes, assessments (both general and special) and other governmental impositions of its employees and similar character which are levied against the Leased Premises; provided that Lessee shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application have no obligation to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or pay any of its agents or employees. In this connectionsuch taxes, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles assessments and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability impositions more than ten (if applicable10) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Orderdate the same are due to the taxing authority. Lessee's obligations under this Section 18 shall extend only to taxes, assessments and impositions which are properly allocable to the Lease Term.

Insurance Requirements. The Contractor assumes all risks incident to or in connection with its purpose to be conducted herein under As of the date of this Agreement, Corporation has and shall indemnify, defend maintain in full force and save ef ect at all times during the term hereofpolicies of insurance issued by an underwriter reasonably acceptable to Agency of the types and amounts and containing such terms and conditions as are all reasonably acceptable to Agency. The Risk Management Department of the City of Xxxxx harmless from damage or injuries San Diego (“Risk Management”) shall be consulted by the Agency and provide initial and biannual reviews of whatever nature or kind such insurance to persons or property arising directly or indirectly out of the Contractor’s operations and Corporation. Such insurance shall provide protection against any liabilities arising from acts or the operations, business and activities conducted by the Corporation, including errors and omissions insurance for the directors and of icers of Corporation and employers liability, as determined by the Agency in its employees reasonable discretion and for such insurance as the Corporation may reasonably obtain in the market using its bxxx xx orts. Corporation shall name Agency and the City as additional insureds under such policies of public and any other liability insurance and shall indemnify, defend, save harmless contract with the City underwriter that no policy of Xxxxx from any penalties for violation insurance obtained by Corporation pursuant to the terms of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx Section shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed terminated or canceled, amended without ten days thirty (30) days’ prior written notice to Agency and to City. Upon a request by either party, Corporation shall provide Agency and City with copies of all policies of insurance obtained pursuant to the City terms of Xxxxxthis Section. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance Such copies shall be delivered certified by the underwriter as true and correct copies of Corporation’s policies with such underwriter, and provide such other terms and conditions in connection with such insurance and policies as the Agency shall require from time to the City of Xxxxx time in its reasonable discretion. Immediately prior to the issuance date of this Agreement and at all times during the five (5) year period prior thereto, Corporation represents and warrants that i) it maintained all insurance policies as required by the Original Agreement and any additional insurance policies that it obtained, ifany, and that such polices were and are valid, binding and enforceable, ii) Corporation did not at any time therein receive any termination, cancellation or similar notices from any of its insurance carriers, iii) to the best of the individual knowledge of the of icers of the Corporation signing this Agreement, taken together, the insurance policies of the Corporation during such time provided adequate insurance coverage for the assets, business and operations of the Corporation for all risks normally insured against by redevelopment agencies carrying on the same or similar business, iv) Corporation has given timely notice to the insurer of all claims that were or may have been insured thereby, v) Corporation has not received any refusal of coverage or any notice that a defense will be af orded with a reservation of rights, or vi) Corporation has not received any indication that the issuer of any Work Orderpolicy of insurance was or is not willing or able to perform its obligations thereby.

Insurance Requirements. The Contractor assumes all risks incident will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII—Admitted) or better in Best’s Insurance Rating Guide and shall be legally licensed and qualified to or conduct business in connection the State of California: The Contractor shall procure and maintain, at its sole expense, Workers’ Compensation Insurance in such amounts as will fully comply with its purpose to be conducted herein under the laws of the State of California and which shall indemnify, defend insure and save provide legal defense for the Contractor and the City, the Housing Authority and CSD against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the Agreement. This coverage may be waived if the Contractor is determined to be functioning as a sole proprietor and the city provided form “Exception to Worker’s Compensation Coverage” is signed, notarized and attached to this Agreement X General Liability Insurance—to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the Contractor, sub-Contractor, or any person acting for the Contractor or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum amounts provided below: Bodily Injury $1,000,000 per occurrence/ $2,000,000 aggregate Property Damage $1,000,000 per occurrence/ $2,000,000 aggregate X Professional Errors and Omission Insurance—such coverage shall not be less than $1,000,000 per claim and $2,000,000 aggregate. X Liability and Property Damage Insurance coverage for owned and non- owned automotive equipment operated on City/CSD/Housing Authority premises. Such coverage limits shall not be less than $1,000,000 combined single limit. X A Certificate of Insurance and appropriate additional insured endorsement evidencing the above applicable insurance coverage shall be submitted to the City prior to the execution of this Agreement. The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions: Solely as respect to services done by or on behalf of the named insured for the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnifyXxxxxx Valley, defend, save harmless it is agreed that the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionXxxxxx Valley, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableXxxxxx Valley Housing Authority, and coverage for Federal Employers’ Liability Actthe Xxxxxx Valley Community Services District, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policytheir officers, which follows formofficials, may employees, agents, and volunteers are included as additional insured under this policy and the coverage(s) provided shall be used primary insurance and not contributing with any other insurance available to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx Xxxxxx Valley, the Xxxxxx Valley Housing Authority, and the Xxxxxx Valley Community Services District, their officers, officials, employees, agents, and volunteers, under any third party liability policy The terms of the insurance policy or policies issued to provide the above coverage shall neither be furnished with a certificate of insurance, which amended to reduce the required insurance limits and coverages nor shall provide that such insurance shall not policies be changed or canceled, canceled by the carrier without ten thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the City City, except that cancellation for non-payment of Xxxxxpremium shall require ten (10) days prior written notice by certified or registered mail. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to In the City of Xxxxx event the insurance is canceled, the Contractor shall, prior to the issuance cancellation date, submit new evidence of any Work Orderinsurance in the amounts established.

Insurance Requirements. The Contractor assumes all risks incident Developer will maintain insurance in coverage and amounts sufficient to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save protect the City from claims under Workers Compensation Acts and other claims for property damage and/or bodily injury, including death, which may arise form the performance of Xxxxx harmless from damage the Work under this Agreement, whether the Work is performed by the Developer, its subcontractors, or injuries of whatever nature or kind to persons or property arising anyone directly or indirectly out employed by either of the Contractorthem. Limits of coverage to be as follows: (a) Workers’ Compensation Statutory Employer’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amountsLiability/Ohio Stop Gap $500,000 Commercial General Liability: Commercial Liability $1,000,000 Each Occurrence Bodily injury/property damage per occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive $2,000,000 Products/Completed Operations Aggregate $2,000,000 Commercial Automobile Liability $1,000,000 Liability: Combined Single Limit Each Occurrence Coverage must extend to all owned(including Owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable$1,000,000 Hired, and coverage for Federal Employers’ Liability ActNon-Owned Autos) Excess/Umbrella (over General Liability, if applicable Auto and Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicableLiability) $1,000,000 Each Claim $2,000,000 5,000,000 The General Liability must be written on ISO form CG 00 01 10 01 or equivalent. The policy shall be endorsed to provide that the general Aggregate Limit applies separately to each of the insured Developer’s projects. The City of Xxxxx Heights, the Xxxxx Heights City Council members, executive officers, and employees shall be furnished named as Additional Insured on the Auto Liability and General Liability policy on ISO form CG 20 10 11 85 or its equivalent, affording coverage to Additional Insured(s) for claims arising out of completed operations. Developer’s General Liability and Auto policies shall be primary insurance as respects the City, and any other insurance policy that City may have in effect shall be deemed excess and not contributory. The General Liability policy affording coverage to City as Additional Insured must be maintained for no less than two (2) years after certification of the acceptance of the Public Infrastructure Improvements pursuant to Section 4.4. Developer must procure the required insurance from carriers with an A.M. Best rating of “A-“ or better. The Developer will submit to the City certificates of insurance certifying that the insurance policies required by this Agreement are in force and shall be maintained during the duration of the Project. Developer shall also provide a copy of the additional insured endorsement with the certificate of insurance, which . Certificates shall provide that such insurance shall not City is to be changed or canceled, without ten days prior provided thirty (30) says advance written notice in the case of a cancellation, non-renewal, or any material changes affecting Developer’s obligations under this Agreement. Developer shall require all Contractors and subcontractors to provide statutory workers’ compensation coverage, commercial general liability and automobile liability insurance limits as required of Developer herein, unless the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered agrees to the City of Xxxxx prior to the issuance of any Work Ordera lesser amount.

Insurance Requirements. The Contractor assumes all risks incident will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII—Admitted) or better in Best’s Insurance Rating Guide and shall be legally licensed and qualified to or conduct business in connection the State of California: The Contractor shall procure and maintain, at its sole expense, Workers’ Compensation Insurance in such amounts as will fully comply with its purpose to be conducted herein under the laws of the State of California and which shall indemnify, defend insure and save provide legal defense for the Contractor and the City, the Housing Authority and CSD against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the Agreement. This coverage may be waived if the Contractor is determined to be functioning as a sole proprietor and the city provided form “Exception to Worker’s Compensation Coverage” is signed, notarized and attached to this Agreement X General Liability Insurance—to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the Contractor, sub-Contractor, or any person acting for the Contractor or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum amounts provided below: Bodily Injury $1,000,000 per occurrence/ $2,000,000 aggregate Property Damage $500,000 per occurrence/ $500,000 aggregate □ Professional Errors and Omission Insurance—such coverage shall not be less than $1,000,000 per claim and aggregate. X Liability and Property Damage Insurance coverage for owned and non- owned automotive equipment operated on City/CSD/Housing Authority premises. Such coverage limits shall not be less than $1,000,000 combined single limit. X A Certificate of Insurance and appropriate additional insured endorsement evidencing the above applicable insurance coverage shall be submitted to the City prior to the execution of this Agreement. The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions: Solely as respect to services done by or on behalf of the named insured for the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnifyXxxxxx Valley, defend, save harmless it is agreed that the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionXxxxxx Valley, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableXxxxxx Valley Housing Authority, and coverage for Federal Employers’ Liability Actthe Xxxxxx Valley Community Services District, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policytheir officers, which follows form, may employees and agents are included as additional insured under this policy and the coverage(s) provided shall be used primary insurance and not contributing with any other insurance available to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx Xxxxxx Valley, the Xxxxxx Valley Housing Authority, and the Xxxxxx Valley Community Services District, its officers, employees and agents, under any third party liability policy The terms of the insurance policy or policies issued to provide the above coverage shall neither be furnished with a certificate of insurance, which amended to reduce the required insurance limits and coverages nor shall provide that such insurance shall not policies be changed or canceled, canceled by the carrier without ten thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the City City, except that cancellation for non-payment of Xxxxxpremium shall require ten (10) days prior written notice by certified or registered mail. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to In the City of Xxxxx event the insurance is canceled, the Contractor shall, prior to the issuance cancellation date, submit new evidence of any Work Orderinsurance in the amounts established.

Insurance Requirements. The Contractor assumes all risks incident to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save City is a self-insured municipal corporation. TriMet agrees that the City of Xxxxx harmless from damage or injuries of whatever nature or kind shall not be required to persons or property arising directly or indirectly out of purchase the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless insurance described below unless the City is no longer is self-insured. City agrees that it shall require any contractor it uses to agree to comply with the insurance requirements provided below during the period of Xxxxx from any penalties for violation construction and during the period of any lawmaintenance or repair work. a. Commercial General Liability Insurance covering bodily injury including death, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct property damage and loss of Contractor or any use. This insurance shall include personal injury coverage; contractual liability coverage; and products/completed operations liability. Such coverage shall be in an amount of its agents or employeesnot less than $1,000,000 per occurrence $2,000,000 annual aggregate. In this connectionAdditionally, the Contractor insurance shall carry Insurances in meet the following amounts: Commercial requirements: i. Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability that names City and TriMet as additional insureds. ii. Furnish to TriMet a Certificate of Insurance for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend limits set out above, demonstrating that the insurance is in force, meets the requirements listed above, and is applicable to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are work to be performed Must include by the City. iii. Maintain insurance coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed materially amended, altered, modified, or canceled, canceled without ten at least thirty (30) days prior written notice to City and TriMet. iv. Such insurance shall provide cross-liability coverage equivalent to the standard Separation of Insureds clause published by the Insurance Services Offices (“ISO”) or a successor organization. The required policies shall provide that the coverage is primary, and shall not seek contribution from any insurance or self-insurance carried by the City or TriMet. All policies of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance insurance shall be delivered written by companies having an A.M. Best rating of “A-“ or better, or equivalent. TriMet may, upon thirty days written notice to the City, require the City to require its contractor to change any carrier whose rating drops below an “A-“ rating. Such coverage shall be written on an ISO occurrence form CG 00 01 01 96 (or a substitute form providing equivalent coverage). b. City shall require its contractors to maintain Business Auto Liability Insurance with a limit of Xxxxx not less than $1,000,000 each accident. Such insurance shall cover liability arising out of the use of any auto (including owned, hired, and non-owned autos). c. Worker’s Compensation Insurance: City shall require its contractors to maintain worker’s compensation and employer’s liability insurance. The employer’s liability limit shall be not less than $500,000 each accident for bodily injury by an accident and $500,000 each employee for bodily injury by disease. The worker’s compensation limits shall be equivalent to or better than the Oregon statutory limits. d. With regard to maintenance and repair work governed by paragraph 5 above, and future work governed by paragraph 6 above, City shall require its contractor to provide proof of requisite insurance coverage at the time the contractor submits its application for a ROW Access Permit, or at least fifteen (15) days prior to the issuance scheduled commencement of any Work Ordersuch work if no ROW Access Permit is required.

Insurance Requirements. The Contractor assumes (a) Prior to initiating work on the Development and continuing through the City's issuance of a Certificate of Occupancy for the Improvements, Developer and all risks incident general contractors directly contracted with Developer to work on behalf of Developer on the Development shall maintain a commercial general liability policy in the amount of One Million Dollars ($1,000,000) each occurrence, Two Million Dollars ($2,000,000) annual aggregate, together with Three Million Dollars ($3,000,000) excess liability coverage, or such other policy limits as City may require in its reasonable discretion, including coverage for bodily injury, property damage, products, completed operations and contractual liability coverage. Such policy or policies shall be written on an occurrence basis and shall name the Indemnitees as additional insureds. (b) Until issuance of the Certificate of Occupancy, Developer and all contractors working on behalf of the Developer shall maintain comprehensive automobile liability coverage in the amount of One Million Dollars ($1,000,000), combined single limit including coverage for owned vehicles and shall furnish or cause to be furnished to City evidence satisfactory to City that Developer and any contractor with whom Developer has contracted for the performance of work on the Property or otherwise pursuant to the Agreement carries workers’ compensation insurance as required by law. Automobile liability policies shall name the Indemnitees as additional insured. Automobile liability policies shall only be required if Developer or contractors own or operate vehicles in connection with its purpose the construction of the Development. (c) Upon commencement of construction work and continuing until the City's issuance of the Certificate of Occupancy for the Improvements, Developer shall maintain or cause to be conducted herein under maintained a policy of builder’s all-risk insurance in an amount not less than the full insurable cost of the Development on a replacement cost basis naming City as loss payee. (d) Developer shall maintain property insurance covering all risks of loss (other than earthquake), including flood (if required by lenders and/or investor) for 100% of the replacement value of the Development with deductible, if any, in an amount acceptable to City, naming City as loss payee. (e) Companies writing the insurance required hereunder shall be approved to do business in the State of California. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than A: VII. The Commercial General Liability and comprehensive automobile policies required hereunder shall indemnifyname the Indemnitees as additional insureds. Builder’s Risk and property insurance shall name City as loss payee. (f) Prior to commencement of construction work, defend Developer shall furnish City with certificates of insurance in form acceptable to City evidencing the required insurance coverage and save duly executed endorsements evidencing such additional insured status. The certificates shall contain a statement of obligation on the part of the carrier to notify City of Xxxxx harmless from damage any material adverse change, cancellation, termination or injuries of whatever nature or kind to persons or property arising directly or indirectly out non-renewal of the Contractor’s operations and arising from acts or omissions coverage at least thirty days in advance of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation effective date of any lawsuch material adverse change, ordinance cancellation, termination or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-ownedrenewal. (g) If any insurance policy or coverage required hereunder is canceled or reduced, leasedDeveloper shall, hired within thirty (30) days after receipt of notice of such cancellation or borrowed vehicles reduction in coverage, but in no event later than the effective date of cancellation or reduction, file with City a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies. Upon failure to so file such certificate, City may, without further notice and must include at its option, procure such insurance coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremenat Developer’s and Harbor Workers’ Compensation, if applicableexpense, and coverage Developer shall promptly reimburse City for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability such expense upon receipt of billing from City. (if applicableh) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx Coverage provided by Developer shall be furnished with a certificate of insurance, which shall provide that such primary insurance and shall not be changed contributing with any insurance, or canceledself-insurance maintained by City, without ten days prior written notice and the policies shall so provide. The insurance policies shall contain a waiver of subrogation for the benefit of the City. Developer shall furnish the required certificates and endorsements to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance commencement of any Work Orderconstruction of the Development, and shall provide City with certified copies of the required insurance policies upon request.

Insurance Requirements. The Contractor assumes all risks incident will comply with the following insurance requirements at its sole expense. Insurance companies shall be rated (A Minus: VII—Admitted) or better in Best’s Insurance Rating Guide and shall be legally licensed and qualified to or conduct business in connection the State of California: The Contractor shall procure and maintain, at its sole expense, Workers’ Compensation Insurance in such amounts as will fully comply with its purpose to be conducted herein under the laws of the State of California and which shall indemnify, defend insure and save provide legal defense for the Contractor and the City, the Housing Authority and CSD against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Contractor in the course of carrying out the Agreement. This coverage may be waived if the Contractor is determined to be functioning as a sole proprietor and the city provided form “Exception to Worker’s Compensation Coverage” is signed, notarized and attached to this Agreement ⊗ General Liability Insurance—to protect against loss from liability imposed by law for damages on account of bodily injury, including death, and/or property damage suffered or alleged to be suffered by any person or persons whomever, resulting directly or indirectly from any act or activities of the Contractor, sub-Contractor, or any person acting for the Contractor or under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of the Agreement and any extension thereof in the minimum amounts provided below: Bodily Injury $1,000,000 per occurrence/ $2,000,000 aggregate Property Damage $1,000,000 per occurrence/ $2,000,000 aggregate ⊗ Liability and Property Damage Insurance coverage for owned and non- owned automotive equipment operated on City/CSD/Housing Authority premises. Such coverage limits shall not be less than $1,000,000 combined single limit. ⊗ A Certificate of Insurance and appropriate additional insured endorsement evidencing the above applicable insurance coverage shall be submitted to the City prior to the execution of this Agreement. The Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions: Solely as respect to services done by or on behalf of the named insured for the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnifyXxxxxx Valley, defend, save harmless it is agreed that the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionXxxxxx Valley, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableXxxxxx Valley Housing Authority, and coverage for Federal Employers’ Liability Actthe Xxxxxx Valley Community Services District, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policytheir officers, which follows formofficials, may employees, agents, and volunteers are included as additional insured under this policy and the coverage(s) provided shall be used primary insurance and not contributing with any other insurance available to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx Xxxxxx Valley, the Xxxxxx Valley Housing Authority, and the Xxxxxx Valley Community Services District, their officers, officials, employees, agents, and volunteers, under any third party liability policy The terms of the insurance policy or policies issued to provide the above coverage shall neither be furnished with a certificate of insurance, which amended to reduce the required insurance limits and coverages nor shall provide that such insurance shall not policies be changed or canceled, canceled by the carrier without ten thirty (30) days prior written notice by certified or registered mail of amendment or cancellation to the City City, except that cancellation for non-payment of Xxxxxpremium shall require ten (10) days prior written notice by certified or registered mail. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to In the City of Xxxxx event the insurance is canceled, the Contractor shall, prior to the issuance cancellation date, submit new evidence of any Work Orderinsurance in the amounts established.

Insurance Requirements. The Contractor assumes SECTION 15.01. Tenant shall not do or permit to be done any act or thing upon the Premises which will invalidate or be in conflict with the Certificate of Occupancy for the Premises or the terms of any standard form of "all risk" property insurance policies covering the Building and the fixtures and property therein; and shall, at its own expense, comply with all rules, orders, regulations or requirements of the National Fire Protection Association and the Insurance Service Office of Pennsylvania or any other similar body having jurisdiction and shall not knowingly do or permit anything to be done in or upon the Premises or bring or keep anything therein or use the Premises in a manner which increases the rate of property insurance upon the Building or on the property or equipment located therein or cause any such policy or policies to be canceled. SECTION 15.02. If any installation in or use of the Premises by Tenant increases the rate of "all risk" property insurance on the Building or on the property and equipment of Landlord or any other tenant or subtenant in the Building and such rate shall be higher than it otherwise would be, Tenant shall, within ten (10) days after being billed therefor, reimburse Landlord for that part of the fire insurance premiums thereafter paid by Landlord which shall have been charged because of such installation or use by Tenant, and such reimbursement shall be deemed Additional Rent. SECTION 15.03. Tenant covenants and agrees to provide on or before the Commencement Date and to keep in force during the entire Term of this Lease: (a) commercial general liability insurance for the mutual benefit of Landlord and Tenant relating to the Premises and its appurtenances in an amount of not less than Five Million and 00/l00 Dollars ($5,000,000.00) in respect of personal injury or death and of not less than Five Million and 00/l00 Dollars ($5,000,000.00) in respect of property damage; and (b) "All Risk" property insurance covering all risks incident of physical loss, in an amount adequate to cover the cost of replacement of all fixtures, equipment, decoration, contents and personal property therein, provided, that upon satisfactory evidence of financial worth of at least $100,000,000, Tenant shall have the ability to self-insure such risks; and (c) if there is a boiler or in connection with its purpose to be conducted herein under and shall indemnifyair-conditioning equipment in, defend and save on, adjoining or beneath the City Premises for the sole benefit of Xxxxx harmless from damage Tenant, broad form, boiler or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances machine insurance in the following amounts: Commercial Liability amount of Two Hundred Fifty Thousand and 00/l00 Dollars ($1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Order250,000.

Insurance Requirements. The Contractor assumes all risks incident to Republic Services shall purchase and maintain such insurance as will protect it from claims set forth below which may arise out of or in connection with its purpose to result from Republic Services’ execution of the scope of work herein, whether such execution be conducted herein by Republic Services or by any subcontractor or by anyone directly employed by any of them, or by any one for whose acts any of them may be liable: Claims under workmen’s compensation, disability, benefit and shall indemnifyother similar employee benefit acts; Claims for damages because of bodily injury, defend and save the City sickness or disease or death of Xxxxx harmless from damage employees; Claims for damages because of bodily injury, sickness or injuries disease or death of whatever nature or kind to persons or property arising any person other than employees; Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly out related to the employment of such person by Republic Services, or (2) by any other person; and Claims for damages because of injury to or destruction of tangible property, including loss of use resulting there from. Certificate of Insurance reasonably acceptable to the District shall be filed with the District prior to commencement of the Contractorscope of work naming the District and the Board as additional insured, except Workers Compensation. These Certificates shall be endorsed by a blanket form notice of cancellation endorsement that will provide that coverages afforded under the policies will not be canceled unless at least thirty (30) days prior WRITTEN NOTICE has been given to the District. Republic Services shall procure and maintain, at his own expense, during the term of this Agreement or any extension thereof, liability insurance as hereinafter specified; Commercial General Liability and Property Damage, Contractual Liability, Completed Operations-Products, Automobile Bodily Injury and Property Damage, owned and non-owned and hired vehicles, and Pollution Legal Liability. Insurance should be place with a carrier with an AM Best Rating of at least an A-. The types and minimum limits of insurance shall be as follows: Commercial General Liability Insurance - General Aggregate Limit - $5,000,000 Products-Completed Operations- Aggregate Limit - $5,000,000 Personal and Advertising Injury Aggregate Limit - $5,000,000 Each Occurrence Limit - $5,000,000 Comprehensive Automobile Liability Bodily Injury & Property Damage Liability Limit Not less than $5,000,000 Combined Single Limit/Each Accident Pollution Legal Liability – not less than $2,000,000 each claim/$4,000,000 Aggregate The above minimum coverages may be obtained through the primary insurance or any combination of primary and umbrella insurance. Republic Services shall procure and maintain at his own expense, during the term of the Agreement or any extension thereof, in accordance with the provisions of the laws of the state in which the work is performed, Workmen’s operations Compensation Insurance, including occupational disease provisions, for all of Republic Services’ employees and arising from acts or omissions in case any work is sublet, Republic Services shall require such subcontractor similarly to provide Workmen’s Compensation Insurance, including occupational disease provisions for all of the latter’s employees unless such employees are covered by the protection afforded by Republic Services. In case any class of employees engaged in hazardous work under this contract is not protected under Workmen’s Compensation statute, Republic Services shall provide, and shall cause such subcontractor to provide, adequate and suitable insurance for the protection of its employees not otherwise protected. Republic Services agrees to a Waiver of Subrogation for each policy required herein. When required by the insurer, or should a policy condition not permit Republic Services to enter into a pre-loss agreement to waive subrogation without an endorsement, then Republic Services agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall indemnifynot apply to any policy that includes a condition specifically prohibiting such an endorsement, defend, save harmless the City of Xxxxx from any penalties for violation or voids coverage should Republic Services enter into such an agreement on a pre-loss basis. A copy of any lawendorsement issued to extend coverage to the Board must be provided when evidencing insurance to the County. Republic Services expressly understands that the insurance requirements as outlined above are minimum requirements to be met under this Agreement and does not in any manner represent that the limits, ordinance coverage or regulation affecting policy forms are sufficient or having application adequate to said operation protect the interest or resulting from liability of Republic Services and/or its subcontractor(s). THE FOLLOWING MUST BE INCLUDED (IN THE SPECIFIED AREAS) ON ALL INSURANCE CERTIFICATES: DESCRIPTION OF THE PROJECT AND LOCATION: you may use a generalized listing of the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are duties to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a under this certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to . Example: “Projects Executed for the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City Board of Xxxxx prior to the issuance County Commissioners.” CERTIFICATE HOLDER: Board of any Work OrderXxxxx County Commissioners, Xxx Xxxxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxx, Xxxx 00000-0000.

Insurance Requirements. The Contractor assumes all risks incident All insurance shall be in a form reasonably satisfactory to or in connection with its purpose to be conducted herein under Landlord and shall indemnify, defend be carried with companies that have a general policy holder's rating of not less than "A" and save the City a financial rating of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances not less than Class "V in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City most current edition of Xxxxx shall be furnished with a certificate of insurance, which Best's Insurance Reports; shall provide that such insurance policies shall not be changed subject to material alteration or canceled, without ten days cancellation except after at least thirty (30) days' prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance Landlord; and shall be delivered primary as to claims thereunder. The policy or policies, or duly executed certificates for them, together with satisfactory evidence of payment of the City of Xxxxx premium thereon shall be deposited with Landlord prior to the issuance Commencement Date, and upon renewal of such policies, not less than thirty (30) days prior to the expiration of the term of such coverage. If Tenant fails to procure and maintain the insurance required hereunder, Landlord may, but shall not be required to order such insurance at Tenant's expense and Tenant shall reimburse Landlord promptly after receipt of an invoice therefor from Landlord. Such reimbursement shall include all costs incurred by Landlord including Landlord's reasonable attorneys' fees, with interest thereon at the Interest Rate. Such Commercial general liability insurance shall be accompanied by an "Additional Insured Managers or Landlords of Premises Endorsement" and contain the "Amendment of the Pollution Exclusion Endorsement" for damages caused by heat, smoke or fumes from a hostile fire. Such policy shall not contain any intra insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an "insured contract" for the performance of Tenant's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Tenant nor relieve Tenant of any Work Orderobligations hereunder. All insurance carried by Tenant shall be primary to and not contributory with any similar insurance carried by Landlord, whose insurance shall be considered excess only.

Insurance Requirements. The Contractor assumes A. Unless otherwise specified in this Agreement, the Owner shall, at its sole expense, maintain in effect at all risks incident to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save times during the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out performance of the Contractor’s operations Work, insurance coverage with limits not less than those set forth below with insurers and arising from acts or omissions under forms of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employeespolicies set forth below. In this connection, the Contractor shall carry Insurances in • Commercial General Liability coverage at least as broad as Insurance Services Office (ISO) Commercial General Liability Form with the following amountsminimum limits and coverage: Commercial Liability Each occurrence limit $1,000,000 Each Occurrence Personal and Advertising Limit $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Limit $2,000,000 Fire Damage Limit (Any One Fire) $50,000 Medical Expense Limit (Per Person) (self-insured) $5,000 • Automobile Liability coverage at least as broad as Insurance Services Office Business Automobile Form with $1,000,000 Combined Single Limit Each Occurrence Coverage must extend minimum limits combined single limit per accident for bodily injury and property damage, provided on a “Any Auto” basis. • Worker’s Compensation as required by the State of Wisconsin and employer’sliability insurance with sufficient limits to all ownedmeet underlying umbrella liability insurance requirements. • Umbrella Liability coverage at least as broad as the underlying Commercial General Liability, non-ownedAutomobile Liability and Employers Liability: Minimum limit each occurrence $2,000,000 Aggregate $2,000,000 B. Required Provisions – The general liability, leased, hired or borrowed vehicles automobile liability and must include coverage for blanket contractual umbrella liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services policies are to contain, or be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensationendorsed to contain, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicablefollowing provisions: 1) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx Appleton, and its officers, Council members, agents, employees and authorized volunteers must be named as additional insureds on all Owner liability policies. This does not apply to Worker’s Compensation Policies. 2) For any claims related to this project, Owner’s insurance shall be furnished with a certificate primary insurance as respects the City of Appleton, its elected and appointed officials, officers, employees or authorized representatives or volunteers. Any insurance, which shall provide that such insurance self‐ insurance, or other coverage maintained by the City of Appleton, its elected and appointed officials, officers, employees, or authorized representatives or volunteers shall not be changed contribute to it. 3) Any failure to comply with reporting or canceled, without ten days prior written notice other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates Appleton, its elected and appointed officials, officers, employees or authorized representatives or volunteers. 4) Owner’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of Insurance the insurer’sliability. 5) Such liability insurance shall indemnify the City of Appleton, its elected and appointed officials, officers, employees of authorized representatives or volunteers against loss from liability imposed by law upon, or assumed under contract by, Owner for damages on account of such bodily injury (including death), property damage, personal injury, completed operations, and products liability. 6) The general liability policy shall cover bodily injury and property damage liability, owned and non‐owned equipment, blanket contractual liability, completed operations liability with a minimum of a 24‐month policy extension, explosion, collapse, underground excavation, and removal of lateral support, and shall not contain an exclusion for what is commonly referred to by the insurers as the “XCU” hazards. 7) All of the insurance shall be delivered provided on policy forms and through companies satisfactory to the City of Appleton and shall have a minimum A.M. Best’s rating of A‐ VII. C. Evidences of Insurance – Prior to execution of the agreement, Owner shall file with the City of Appleton a certificate of insurance (Xxxxx prior Form 25‐S or equivalent) signed by the insurer’s representative evidencing the coverage required by this agreement. Such evidence shall include an additional insured endorsement signed by the insurer’s representative. Such evidence shall also include confirmation that coverage includes or has been modified to the issuance of any Work Orderinclude all required provisions as detailed herein.

Insurance Requirements. The Contractor assumes Subdivider, at Subdivider’s sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all risks incident to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractorfollowing minimum insurance requirements in a form approved by the City’s operations authorized designee for Risk Management prior to commencing any work: (a) Commercial General Liability policy with a minimum $1 million combined single limit for bodily injury and arising from acts property damage providing all of the following minimum coverage without deductibles: (i) Premises operations; including X, C, and U coverage; (ii) Owners’ and contractors’ protection; (iii) Blanket contractual; (iv) Completed operations; and (v) Products. (b) Commercial Business Auto policy with a minimum $1 million combined single limit for bodily injury and property damage, providing all of the following minimum coverage without deductibles: (i) Coverage shall apply to any and all leased, owned, hired, or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation non- owned vehicles used in pursuit of any law, ordinance or regulation affecting or having application to of the activities associated with this Agreement; and (ii) Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said operation or resulting from coverage provided under the carelessness, negligence or improper conduct Commercial General Liability policy. (c) Workers Compensation and Employers’ Liability policy in accordance with the laws of Contractor or any the State of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include California and providing coverage for blanket contractual liability for any and all employees of the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include Subdivider: (i) This policy shall provide coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include (Coverage A); and (i) This policy shall provide coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal $1,000,000 Employers’ Liability Act(Coverage B). (ii) Pursuant to Labor Code section 1861, if applicable EmployerSubdivider by executing this Agreement certifies: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.” (iii) Prior to commencement of work, the Subdivider shall file with the City’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used Risk Manager a Certificate of Insurance or certification of permission to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice self-insure workers’ compensation conforming to the City requirements of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work OrderLabor Code.

Insurance Requirements. The Contractor assumes all risks incident 8.1 Prior to or in connection with its purpose to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation commencement of any work under this Agreement, Consultant shall furnish an original completed Certificate of Insurance to District’s representative, which shall be clearly labeled with the Project name and which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits, and termination provisions shown thereon, containing all required information referenced or indicated thereon. District shall have no duty to pay or perform under this Agreement until such certificate shall have been delivered to District’s representative, and no officer or employee shall have authority to waive this requirement. 8.2 The District reserves the right to review the insurance requirements of this Article during the effective period of this Contract and to modify insurance coverage and limits when deemed necessary and prudent by the District based upon changes in statutory law, ordinance court decisions, or regulation affecting circumstances surrounding this Contract, but in no instance will the District allow modification whereupon the District may incur increased risk. 8.3 Consultant’s financial integrity is of interest to District, therefore, subject to Consultant’s right to maintain reasonable deductibles in such amounts as are approved by District, Consultant shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension hereof, at Consultant’s sole expense, insurance coverage written on an occurrence basis, except for professional liability, by companies authorized, approved or having application admitted to said operation do business in the State of Texas and rated A- or resulting from the carelessnessbetter by A.M. Best Company and/or otherwise acceptable to District, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following types and amounts: Worker=s Compensation: (Including Waiver of Subrogation Endorsement) All liability arising out of Consultant’s employment of workers and anyone for whom Consultant shall be liable for Worker’s Compensation claims. Worker’s Compensation is required and no "alternative" form of insurance shall be permitted. Employer=s Liability: $1,000,000.00 Commercial Liability General Liability: Occurrence Aggregate Personal Injury $1,000,000.00 $2,000,000.00 $1,000,000.00 each person Automobile Liability: $1,000,000 Each Occurrence combined single limit Professional Liability: $1,000,000 General Aggregate Must include per claim to pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages by reason of any negligent act, malpractice, error or omission in professional services. If written on a claims made basis, Consultant shall provide coverage for blanket contractual liability for an additional 25 months after the obligations assumed completion date of the contract. 8.4 The General Liability and Automobile issued in the name of Consultant shall also name the District as an additional insured. The coverage afforded to the additional insured under contract Comprehensive Automobile the policy or policies shall be primary insurance. It is the intent of the parties to this Agreement that the General Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend coverage required herein shall be primary to and shall seek no contribution from all ownedinsurance available to District, with District’s insurance being excess, secondary and non-owned, leased, hired or borrowed vehicles and must include contributing. The Commercial General Liability coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx provided by Consultant shall be furnished with a certificate of insuranceendorsed to provide such primary and non-contributing liability. If the additional insured has other insurance which is applicable to the loss, which shall provide that such other insurance shall not be changed on an excess or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Ordercontingent basis.

Insurance Requirements. The Contractor assumes all risks incident to or Company, at its sole cost and expense, shall carry and maintain the following types of insurance policies with insurance companies having a minimum AM Best Rating of A-VI in connection the amounts that follow: (i) broad form commercial general liability insurance (including an endorsement for products liability/completed operations agg coverage) with its purpose to a policy limit of no less than $1,000,000 per occurrence and $2,000,000 in the aggregate; (ii) if automobiles will be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out used as part of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnifyServices, defendautomobile liability insurance, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all including owned, non-owned, leasedand hired vehicles, hired or borrowed vehicles and must include coverage for blanket contractual with limits of liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability of not less than $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella occurrence; (iii) professional liability policyinsurance (including endorsements for errors/omissions liability, which follows formemployment practices liability, may be used to obtain the aforementioned sexual misconduct liability and cyber-liability coverages) with liability limits Professional Liability (if applicable) $1,000,000 Each Claim of not less than $2,000,000 General Aggregate per occurrence; and (iv) workers’ compensation/employer’s liability insurance with statutory coverage with a $500,000/accident, $500,000/Disease-Policy, $500,000/Disease-per employee policy limit. As a material term of this Agreement, Company’s commercial general liability insurance policy and automobile liability policy required under this Agreement shall name the School and “The City Catholic Xxxxxx of Xxxxx Chicago, an Illinois corporation sole and its successors” as additional insureds under such policies on a primary and non-contributory basis. Company agrees that its insurance policies shall be furnished primary with a certificate of insurance, which respect to the Services and further agrees that such policies shall be properly endorsed so that Company’s insurance company or companies shall provide that such insurance shall not be changed or canceled, without ten the School thirty (30) days prior written notice of termination, impairment or change thereof. Company hereby waives any right of recovery against School for any loss or damage covered by any insurance policies maintained by Company. Company shall cause a certificate of insurance evidencing the above insurance policies to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City School concurrently with execution of Xxxxx prior this Agreement. Any failure of School to request or receive proof of insurance coverage shall not constitute a waiver of Company’s obligation to obtain the required insurance. The receipt of any certificate does not constitute an agreement by School that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all requirements of this Agreement. Company’s failure to carry or document required insurance shall constitute a breach of this Agreement. In the event Company fails to fulfill the insurance requirements of this Agreement, the School reserves the right to suspend the Services until proper evidence of insurance is provided, or this Agreement may be terminated in accordance with its terms. Any deductibles or self- insured retentions on the referenced insurance coverage must be borne by Company. All subcontractors of Company who shall be performing any portion of the Services are subject to the issuance same insurance requirements of any Work OrderCompany and Company shall require such subcontractors to maintain comparable insurance naming Company, School and “The Catholic Xxxxxx of Chicago, an Illinois corporation sole and its successors” as additional insureds. The coverages and limits furnished by Company in no way limit Company’s liabilities and responsibilities specified within the Agreement or by law.

Insurance Requirements. The Contractor assumes all risks incident to Contractor, throughout the term of this Contract, or as otherwise required by this Contract, shall obtain and maintain in connection full force and effect, the following insurance with its purpose to limits not less than those described below and as required by the terms of this Contract, or as required by law, whichever is greater (limits may be conducted herein under provided through a combination of primary and umbrella/excess policies): Commercial General Liability Insurance with a limit of not less than $2,000,000.00 each occurrence. Such liability shall be written on the ISO occurrence form CG 00 01 01 96, or a substitute form providing equivalent coverages and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and cover liability arising from acts or omissions premises operations, independent contractors, products-completed operations, broad form property damage, personal & advertising injury, cross liability coverage, liability assumed in a contract (including the tort liability of its employees another assumed in a contract) and explosion, collapse & underground coverage. If such insurance contains an aggregate limit, it shall indemnifyapply separately on a per job basis. Policy shall include bodily injury, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employeesproperty damage and broad form contractual liability coverage. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability General Aggregate $2,000,000 Products – Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for 2,000,000 Coverage shall include, but not be limited to, the following: premises liability, independent contractors, blanket contractual liability, including tort liability for the of another assumed in a contract, defense and/or indemnification obligations, including obligations assumed under this contract, cross liability for additional insureds products/completed operations for a term of no less than 3 years, commencing upon acceptance of the work, as required by the contract explosion, collapse, and underground hazards, contractor means and methods The following ISO forms must be endorsed to the policy: a. CG 00 01 01 96 or an equivalent – Commercial General Liability Coverage Form b. CG 20 10 11 85 or an equivalent – Additional Insured-Owner, Lessees or Contractors (Form B) Limits may be provided through a combination of primary and umbrella/excess liability policies. The CGL aggregate shall be endorsed to apply on a per project basis for construction contracts. Policies shall name The People of the State of New York and the New York State Office of General Services as Additional Insureds, and such coverage shall be extended to afford Additional Insured status to those entities during the Products/Completed Operations term. The CGL policy, and any umbrella/excess policies used to meet the “ Each Occurrence” limits specified above, must be endorsed to be primary with respects to the coverage afforded the Additional Insureds, and such polic(ies) shall be primary to, and non-contributing with, any other insurance maintained by OGS. Any other insurance maintained by OGS shall be excess of and shall not contribute with the Contractor’s or Subcontractor’s insurance, regardless of the “Other Insurance” clause contained in either party’s policy of insurance. Comprehensive Business Automobile Liability Insurance with a limit of not less than $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-2,000,000.00 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Ordernon owned automobiles.

Insurance Requirements. The Contractor assumes all risks incident to or in connection with Vendor/Exhibitor will provide and maintain, at its purpose to be conducted herein under sole expense, insurance as set forth below, and shall indemnifyprovide a Certificate of Insurance evidencing same, defend naming A Taste of Encino, Encino Chamber of Commerce, Bureau of Street Services, Department of Transportation, County of Los Angeles and save the City of Xxxxx harmless from damage or injuries Los Angeles as additional insured’s. Said certificate shall be in effect for the period including, but not limited to, 12:00am on Sunday, October 11, 2015 through 11:30pm on Sunday, October 11, 2015. Said insurance shall be primary to, and not in conflict with any other insurance maintained by the above mentioned “additional insureds”. Insurance shall include, but not be limited to, Comprehensive General Liability endorsed to Premises, Operations, Contractual Broad Forms, Property Damage and Personal Injury with a combined single limit of whatever nature or kind not less than $1,000,000 per occurrence. If written with an annual aggregate limit, the policy limit should be three times the occurrence limit. Failure of Vendor/Exhibitor to persons or property arising directly or indirectly out of the Contractor’s operations provide and arising from acts or omissions maintain said required insurance shall constitute a material breach of its employees involvement with the ‘A TASTE OF ENCINO’ and the Encino Chamber of Commerce shall indemnifythen be entitled to deny Vendor/Exhibitor from participation at this event with no refund entitlement or other consideration for its paid fees, defendnor shall it lessen Vendor/Exhibitor’s overall liability and responsibility. If said Certificate of Insurance is written on a Claims Made Form, save harmless Vendor/Exhibitor shall continue to name the City aforementioned “Additionally Insureds” or provide an extended coverage period for all applicable statutes of Xxxxx from any penalties for violation limitations beginning upon termination or cancellation of any law, ordinance or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connection, the Contractor shall carry Insurances Vendor/Exhibitor involvement in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to the City of Xxxxx. THE POLICY SHALL LIST THE CITY 2015 ‘A TASTE OF XXXXX AS CO-INSURED OR ADDITIONAL INSUREDENCINO’. Certificates of Insurance shall must be delivered mailed or faxed to the City office of Xxxxx prior the Encino Chamber of Commerce at 0000 Xxxxxx Xxxx., Xxxxxx, XX 00000. FAX 000-000-0000. Insurance Certificates must be received no later than September 2, 2015. If said copy is transmitted by facsimile, an original must follow by mail to the issuance of any Work Ordersame address.

Insurance Requirements. The Subcontractor will provide and maintain at its own expense the minimum insurance coverages set forth on Schedule 2 with such insurance companies and in such form as will be satisfactory to Contractor assumes all risks incident and Owner. Umbrella insurance coverage shall be an acceptable alternative to or in connection with its purpose any insurance coverage that is less than what Schedule 2 requires. If required by the Primary Contract, Subcontractor will provide such additional insurance coverages as is required by Owner under the Primary Contract. All insurance required under this Agreement __________________________ SUBCONTRACTOR INITIALS must be on an “occurrence” basis and not on a “claims made” basis. Subcontractor, prior to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation commencement of any lawWork, ordinance or regulation affecting or having application will provide Contractor with ACCORD certificates of insurance and insurance policy endorsements evidencing the coverages required by this Agreement in a form acceptable to said operation or resulting from Contractor, which certificates and endorsements will also provide that (a) Contractor is named as an additional insured under the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In insurance policies required by this connection, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicableAgreement, and coverage for Federal Employers’ Liability Act, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policy, which follows form, may be used to obtain (b) the aforementioned limits Professional Liability insurance carrier must provide thirty (if applicable30) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten days prior written notice to Contractor of any cancellation of or material modification of such insurance policies. The maintenance of the City insurance required by this Agreement will not relieve Subcontractor of Xxxxxany liability to Contractor under this Agreement or otherwise. THE POLICY SHALL LIST THE CITY OF XXXXX AS COThe required insurance certificates and endorsements must be furnished to Contractor no later than five (5) days after execution of this Agreement at the address set forth on the first page of Schedule 1 and to: Legal Department MasTec North America, Inc 000 Xxxxxxx Xxxx, 12 th Floor Coral Gables, FL 33134 Facsimile: 000-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered 000-0000 In addition to the City foregoing insurance, Contractor may require Subcontractor to obtain at Subcontractor’s expense a performance or payment bond in such amount and form and with such bonding companies as Contractor may determine. Any such bonding requirement will be specified in Schedule 2. In the alternative, Contractor may require Subcontractor to pay a pro-rata portion of Xxxxx prior the premium on any bond required of Contractor by Owner under the Primary Contract. 15.1 Subcontractor shall have a continuing obligation to keep the issuance lists of any personnel used to perform any of the Work Orderthat are employed by leasing companies current and shall ensure that leasing companies employing such personnel maintain the workers compensation and other insurance coverages required by this Agreement. Subcontractor’s failure to comply with this part shall constitute a material breach of this Agreement. Subcontractor shall indemnify and hold Contractor harmless from its failure to comply with this requirement.