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 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 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 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 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 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. 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 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. 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 Insurance Description HPwES Program Requirement 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. The Contractor assumes All of Tenant's Agents 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. In addition, Tenant shall carry "Builder's All Risk" insurance (excluding earthquake and flood insurance) in an amount reasonably specified by Landlord prior to commencement of construction of the Tenant Improvements, covering the construction of the Tenant Improvements, and such other insurance (excluding earthquake and flood insurance) as Landlord may reasonably require. Such insurance shall be in amounts and shall indemnifyinclude such extended coverage endorsements as may be reasonably required by Landlord, defend and save in form and with companies as are required to be carried by Tenant as set forth in the City Lease. Certificates for all insurance carried pursuant to this Section ------- 4.2.4 shall be delivered to Landlord before the commencement of Xxxxx harmless from damage or injuries construction of whatever nature or kind to persons or property arising directly or indirectly out of ----- the Tenant Improvements and before the Contractor’s operations and arising from acts or omissions 's equipment is moved onto the site. All such policies of its employees and shall indemnify, defend, save harmless insurance must contain a provision that the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application to company writing 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 policy will give Landlord 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 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 cancellation or lapse of the effective date or any reduction in the amounts of such insurance. All policies carried under this Section 4.2.4 shall insure ------------- Landlord and Tenant, as their interests may appear, as well as Contractor and Tenant's Agents, and shall name as additional insureds Landlord's property manager, and all mortgagees and ground lessors of the Building. All insurance, except Workers' Compensation, maintained by Tenant's Agents 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. The requirements for the foregoing insurance shall not derogate from the provisions for indemnification of Landlord by Tenant under Section 4.2.3 of this ------------- Work OrderLetter.

Insurance Requirements. The Contractor assumes all risks incident to or shall maintain in connection with full force and effect, at its sole cost and expense, during the term of this Agreement, commercial general liability insurance for the purpose to be conducted herein under and shall indemnify, defend and save of protecting the City of Xxxxx harmless from damage against liability for loss or injuries of whatever nature or kind damage, for bodily injury, property damage, personal injury, death, civil rights violations, and errors and omissions, relating to persons or property arising directly or indirectly out the operations of the Contractor’s operations Contractor under this Agreement. Such policy shall provide insurance against property damage in an amount not less than $500,000.00 and arising from acts or omissions bodily injury with limits of its employees not less $500,000.00 per person and $1,000,000.00 total for each occurrence; provided, however, the minimum limits of insurance as set forth herein shall indemnify, defend, save harmless be automatically increased at any time the liability limits of the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application are increased pursuant to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employeesIdaho Tort Claims Act (Idaho Code Sections 6-901 et seq.). 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 Such insurance shall be furnished with a certificate of insurance, which shall provide that such insurance shall not be changed or canceled, without ten noncancellable except upon thirty (30) days prior written notice to the City. All of the insurance policies shall contain provisions that the insurers shall have no right of recovery or subrogation against the City, or the City’s insurer with regard to the aforementioned losses or damages. The Contractor’s certificates of insurance shall name the City and its officials, employees and agents as additional named insured and shall be endorsed to specify that such policies cover the liability assumed by the Contractor under this Agreement. The Contractor shall also secure and maintain at least the statutory amounts of worker’s compensation, disability benefits, and unemployment insurance in accordance with the laws of the State of Idaho. Such insurance shall provide at least thirty (30) days written notice to Hailey before such policy is suspended, canceled, amended or terminated. The Contractor shall provide evidence of acceptable insurance at limits listed above to City Clerk, 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 Hailey, 000 Xxxx Xxxxxx X, Xxxxx prior to the issuance of any Work OrderX, Xxxxxx, Xxxxx 00000.

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 As required by Lender and applicable law, and as may be modified from time to time, Borrower shall: keep the Improvements insured at all risks incident times against any hazards, which insurance shall include coverage against loss by fire and all other perils insured by the “special causes of loss” coverage form, general boiler and machinery coverage, business income coverage, and flood (if any of the Improvements are located in an area identified by the Federal Emergency Management Agency (or any successor) as an area having special flood hazards and to the extent flood insurance is available in that area), and may include sinkhole insurance, mine subsidence insurance, earthquake insurance, terrorism insurance, windstorm insurance and, if the Mortgaged Property does not conform to applicable building, zoning, or land use laws, ordinance and law coverage; maintain at all times commercial general liability insurance, workmen’s compensation insurance, and such other liability, errors and omissions, and fidelity insurance coverage; and maintain builder’s risk and public liability insurance, and other insurance in connection with its purpose to completing the Repairs or Replacements, as applicable. Delivery of Policies, Renewals, Notices, and Proceeds. Borrower shall: cause all insurance policies (including any policies not otherwise required by Lender) which can 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 ownedendorsed with standard non-contributing, non-owned, leased, hired reporting mortgagee clauses making loss payable to Lender (or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are Lender’s assigns) to be performed Must include coverage so endorsed; promptly deliver to Lender a copy of all renewal and other notices received by Borrower with respect to the policies and all receipts for Longshoremen’s paid premiums; deliver evidence, in form and Harbor Workers’ Compensationcontent acceptable to Lender, if applicablethat each required insurance policy under this Article 9 has been renewed not less than fifteen (15) days prior to the applicable expiration date, 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 evidence is other than an original or duplicate original of a renewal policy, which follows form, ) deliver the original or duplicate original of each renewal policy (or such other evidence of insurance as may be used required by or acceptable to obtain Lender) in form and content acceptable to Lender within ninety (90) days after the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City applicable expiration date of Xxxxx shall be furnished with a certificate of insurance, which shall the original insurance policy; provide that such insurance shall not be changed or canceled, without ten days prior immediate 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 insurance company and to the City of Xxxxx prior to the issuance Lender of any Work Orderevent of loss; execute such further evidence of assignment of any insurance proceeds as Lender may require; and provide immediate written notice to Lender of Borrower’s receipt of any insurance proceeds under any insurance policy required by Section 9.2(hhhh)(1) above and, if requested by Lender, deliver to Lender all of such proceeds received by Borrower to be applied by Lender in accordance with this Article 9.

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 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. I am aware of the provisions of Section 3700 of the Labor Code which require 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. 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. 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 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 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. 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 all risks incident to or in connection All liability insurance policies required herein (with its purpose to be conducted herein under exception of Worker’s Compensation/Employer’s Liability) shall name Landlord, and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or Xxxxxxxx’s 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’ Compensationmanager, 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 any other entities Landlord may reasonably request from time to time (collectively the “Additional Insureds”) as Additional Insureds on a primary and non-contributory basis without any privity of contract requirement. A waiver of subrogation shall apply in favor of Landlord and the other Additional Insureds on all insurance required to be carried by Tenant herein. None of the required insurance policies shall contain broad contractual 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 exclusions. Tenant shall be furnished with a certificate solely responsible for its own deductibles and self-insured retentions and shall not look to Landlord for reimbursement or contribution. Neither the minimum insurance requirements set forth in this Lease, nor the limits of such insurance, which shall provide limit the liability of Tenant under this Lease. All insurance companies providing insurance pursuant to this Article 9 shall be rated at least A- VIII in Best’s Key Rating Guide and shall be otherwise reasonably acceptable to Landlord and licensed and qualified to do business in the State of Nevada. Tenant authorizes Landlord to contact Xxxxxx’s insurance company directly in the event that such Landlord elects to make a claim under Xxxxxx’s insurance. Each of Tenant’s insurance shall policies must not be changed cancelable or canceled, without ten modifiable except upon thirty (30) days prior written notice to the City Landlord, with ten (10) day notice of Xxxxxcancellation for non-payment of premium, and any specified mortgagee and ground lessor of Landlord. THE POLICY SHALL LIST THE CITY OF XXXXX AS COThe insurance shall not contain any cross-INSURED OR ADDITIONAL INSUREDliability exclusions or shall contain a severability of interest clause acceptable to Landlord. Certificates Copies of Insurance policies or original certificates of insurance on an Xxxxx form, or its reasonable equivalent, with respect to each policy shall be delivered to the City of Xxxxx Landlord prior to the issuance Commencement Date (or, if there is an Early Possession Date, prior to the Early Possession Date), and thereafter, at least thirty (30) days before the expiration of any Work Ordereach existing policy.

Insurance Requirements. The Contractor assumes all risks incident to Lessee shall provide and maintain, at its sole cost and expense, Commercial General Liability insurance, or equivalent insurance as determined by Lessor, in connection with its purpose to be conducted herein an amount not less than $1,000,000 for each occurrence and in the aggregate, and in the case of property damage, not less than $100,000 for each occurrence, and including coverage for contractual liability assumed under this Agreement. Lessee shall name Lessor and Lessor Indemnified Parties as additional insureds on this policy and shall indemnifywaive any rights of subrogation or recourse against Lessor and Lessor Indemnified Parties, defend to the extent of Lessee’s defense and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind indemnity obligations set forth in this Agreement. By requiring this insurance, Lessor does not represent that coverage and limits will necessarily be adequate to persons or property arising directly or indirectly out protect Lessee, and such coverage and limits shall not be deemed as a limitation on Lessee’s liability under this Agreement. Lessee shall furnish to Lessor, no less than ten (10) days in advance of the Contractor’s operations and arising from acts or omissions commencement of its employees and shall indemnifythe Event, 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 executed by a duly authorized representative of the insurer, which showing compliance with the insurance requirements set forth above. All policies required shall be written as primary policies and not contributing to nor in excess of any coverage Lessor may choose to maintain. The certificate(s) shall provide that such insurance shall not be changed or canceled, without ten days prior for thirty (30) days’ 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 Lessor prior to the issuance non-renewal, cancellation or material change of any Work Orderinsurance referred to in the certificate. If Lessee does not have the required insurance, Lessee shall purchase a Tenants and Users Liability Insurance Policy arranged by Lessor to cover Lessee’s use of the Facility with the required limits. Lessee shall log on to xxxxx://xxxxx.xxxxxx.xxx/ and click on “Get A Quote For Your Event”. Lessee shall follow the instructions on the site, which will allow Lessee to purchase and pay for the required insurance by credit card. Any questions should be directed to 000-000-0000 and press 5. Additional insurance requirements for an Event with food and/or alcohol are described in Item 10.

Insurance Requirements. The Contractor assumes all risks incident to Recipient shall procure and maintain for the term of this Contract, insurance covering King County as an additional insured, as described in this section, against claims which may arise from, or in connection with with, the performance of work hereunder by the Recipient, its purpose to be conducted herein under and agents, representatives, employees, and/or subcontractors. Recipient 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 provide evidence of the Contractor’s operations insurance required under this Contract, including a Certificate of Insurance and arising from acts or omissions Endorsements covering King County as additional insured for full coverage and policy limits upon request by King County. The costs 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 be paid by the Recipient. The Recipient shall maintain the following types of insurance and minimum insurance limits and requirements: • Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury, personal and advertising injury, and property damage. Coverage shall be at least as broad as that afforded under ISO form number CG 00 01 current edition. Such insurance shall include coverage for, but not limited to, ongoing operations, products and completed operations, and contractual liability. Such limits may be changed satisfied by a single primary limit or canceledby a combination of separate primary and umbrella or excess liability policies, without ten days prior written notice provided that coverage under the latter shall be at least as broad as that afforded under the primary policy and satisfy all other requirements applicable to liability insurance including but not limited to additional insured status to the City County. • Workers Compensation: Workers Compensation coverage, as required by the Industrial Insurance Act of Xxxxxthe State of Washington, as well as any similar coverage required for this Work and Services by applicable federal or “Other States” State law. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance • Employers Liability or “Stop Gap” coverage: $1,000,000 each occurrence and shall be delivered at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers Liability), or, in states with monopolistic state funds, the protection provided by the “Stop Gap” endorsement to the City of Xxxxx prior General Liability policy Part 2 (Employers Liability), or, in states with monopolistic state funds, the protection provided by the “Stop Gap” endorsement to the issuance General Liability policy. • Professional Liability coverage of any Work Orderat least $1,000,000 shall be provided. Also, the selected agencies shall provide Automobile Liability coverage in the amount of $1,000,000. • Cyber Liability/Technology E&O: $1,000,000 Per Claim or Occurrence/Aggregate. • Fidelity and Crime Coverage: Fidelity, Theft, Disappearance, & Destruction Liability/Employee Dishonesty: $500,000 limit. Coverage shall include ‘Joint Loss Payable’ ISO form CR 20 15 10/10 or equivalent; and ‘Provide Required Notice of Cancellation to Another Entity’ ISO form CR 20 17 10/10.

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 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 City 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 Xxxxx harmless 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 injuries of whatever nature alleged to be suffered by any person or kind to persons or property arising whomever, resulting directly or indirectly out from any act or activities of the Contractor’s operations and arising from acts , sub- Contractor, or omissions of its employees and shall indemnify, defend, save harmless any person acting for 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 under its control or direction. Such insurance shall be maintained in full force and effect throughout the terms of the Agreement and any of its agents or employees. In this connection, the Contractor shall carry Insurances extension thereof in the following amountsminimum amounts provided below: Commercial Liability Bodily Injury $1,000,000 Each Occurrence per occurrence/ $1,000,000 General Aggregate Must include 2,000,000 aggregate Property Damage $500,000 per occurrence/ $500,000 aggregate Liability and Property Damage Insurance 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, owned and non-owned, leased, hired or borrowed vehicles and must include owned automotive equipment operated on City/CSD/Housing Authority premises. Such 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 less than $1,000,000 combined single limit. Contractor agrees at all times during the term of this Agreement to purchase and maintain insurance with a responsible insurance company to cover the loss or canceleddestruction of Property handled or protected by Contractor, without ten days prior its employees, subcontractors, and agents, on behalf of the City pursuant to this Agreement. Contractor agrees to furnish the City with written notice evidence of compliance with this provision. It is understood and agreed that Contractor shall not be liable in any capacity for loss or harm 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 City’s Property or for damages directly and/or proximately flowing from loss or harm to the City City’s Property while such Property is in the possession of Xxxxx prior Contractor, nor shall Contractor’s insurance carriers be required to cover such damages when same are caused by any of the issuance of any Work Order.following:

Insurance Requirements. The Vendor/Contractor assumes all risks incident shall purchase and maintain insurance with an insurance company licensed to do business in the State of Kentucky or in connection the state where the Vendor is incorporated or otherwise licensed to do business and which shall remain, at all times during the term of any contract with the County, in full force and effect. Preference will be given to a Vendor/Contractor who provides insurance with an insurance company licensed to do business in the State of Kentucky, but in any event said Vendor/Contractor shall provide said insurance at its purpose to own expense. Such insurance shall be conducted herein under provided and shall indemnify, defend and save will protect the City of Xxxxx harmless Vendor/Contractor from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly claims which may arise out of or result from the Vendor/Contractor’s operations and arising from execution of the work, whether such execution be by himself, his employees, agents, or by anyone for whose 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 employeesthem may be liable. In this connection, If any such work covered by 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 is to be performed Must include coverage for Longshoremen’s on County owned or leased premises, the Vendor agrees to carry liability and Harbor Workers’ Compensationxxxxxxx’x compensation insurance, if applicablesatisfactory to the County, and to indemnify the County against all liability, loss, and damage arising out of any injuries to persons and property caused by the Vendor, his sub-contractors, employees or agents. The insurance 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 such as to fully protect the County and the general public from any and all claims for injury and damage resulting by any actions on the part of the Vendor/Contractor or its forces as enumerated above. All policies must name the County as an additional insured. Any disputes regarding a certificate breach, insurance amounts, liability, coverage, lapse or otherwise shall be litigated in the Circuit Court of insuranceDaviess County, which Kentucky and the same shall provide that such insurance shall not be changed or canceled, without ten days prior written notice incorporated into any Contract agreed to by the City of Xxxxxparties. THE POLICY COUNTY REQUIRES A CURRENT AND VALID CERTIFICATE OF INSURANCE OR BINDER SHOWING REQUIRED INSURANCE COVERAGE BE PROVIDED WITH EACH BID. DAVIESS COUNTY MUST BE ADDED AS AN ADDITIONAL INSURED AFTER AWARD OF THE BID. ANY LAPSE IN INSURANCE COVERAGE OR CANCELLATION THEREOF BY THE CONTRACTOR OR SUB-CONTRACTORS DURING THE TERMS OF THE CONTRACT SHALL LIST IMMEDIATELY BE DEEMED A MATERIAL BREACH UNDER THE CITY TERMS 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 OrderANY CONTRACT.

Insurance Requirements. The Contractor assumes All insurance and all risks incident to 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 Reports and be licensed to do and doing business in the state in which the Project 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 days 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 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. The Contractor assumes Throughout the life of this AGREEMENT, Artist 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 Artist 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 Artist 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 ARTIST 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 Artist shall not be changed deemed to release or canceleddiminish the liability of Artist, 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 amount of indemnification to be provided by Artist. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Artist, its principals, officers, agents, employees, persons under the supervision of Artist, suppliers, invitees, consultants, sub- consultants, subcontractors, or anyone employed directly or indirectly by any of them. Upon request of City, Artist shall immediately furnish City with a complete copy of Xxxxxany 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. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSUREDThis requirement shall survive expiration or termination of this Agreement. Certificates of Where determined applicable by the City, Artist 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 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 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. 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 CO-INSURED OR ADDITIONAL INSURED. Certificates Certified copies of Insurance all insurance policies evidencing the coverage under each such policy, as well as a certified copy of the required additional insured endorsement(s) 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 by any subtenant of Xxxxx Tenant, or (b) any occupation or use of 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 Property, or (d) any change in title or ownership of the Property. All insurance policies required pursuant to this Article 9 shall be written as primary policies, not contributing with or in excess of any coverage which Landlord may carry. 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 in conformance with Accord Form No. 27 (March 1993). 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 9 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 five (5) days after receipt by Tenant of a xxxx from Landlord. All policies of insurance (other than the policy of property insurance described in Article 9.2) 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 9.2 shall name Landlord (and Landlord's Lender, if Landlord shall so require) as a co-loss payee.

Insurance Requirements. The Contractor assumes Throughout the life of this Agreement, TOW OPERATOR shall pay for and maintain in full force and effect all risks incident to or insurance as required as may be authorized in connection with its purpose to be conducted herein under and shall indemnify, defend and save writing by the City of Xxxxx harmless from damage Manager or injuries of whatever nature or kind to persons or property arising directly or indirectly out his/her designee at any time and in his/her sole discretion. If at any time during the life of the Contractor’s operations and arising from acts Agreement or omissions of its employees and shall indemnifyany extension, 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 TOW OPERATOR 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 TOW OPERATOR 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 TOW OPERATOR 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 TOW OPERATOR shall not be changed deemed to release or canceleddiminish the liability of TOW OPERATOR, 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 TOW OPERATOR. 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 TOW OPERATOR, its principals, officers, agents, employees, persons under the supervision of TOW OPERATOR, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. Upon request of City, TOW OPERATOR shall immediately furnish CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSUREDwith a complete copy of any insurance policy 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, TOW OPERATOR 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 At Contractor’s expense, 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 maintain insurance coverage of the Contractor’s operations and arising from acts following types continuously throughout the term of this Agreement or omissions of its employees 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 period Work is performed relating 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 Agreement: Contractor shall carry Insurances in Workers Compensation per applicable laws and Employers Liability insurance with a limit not less than $500,000 each accident for bodily injury, $500,000 each employee for bodily injury by disease, and $500,000 policy limit for disease. Contractor shall carry Commercial General Liability (CGL) insurance on an occurrence form with a limit of not less than $2,000,000 each occurrence covering liability arising from independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. Indemnitees shall be included as additional insureds under the following amounts: CGL on form CG 20-10 or equivalent. This insurance shall apply as primary with respect to any other insurance or self-insurance available to Owner. If Contractor’s scope of Work requires or involves the ownership, maintenance or use of an auto, Contractor shall carry Commercial Liability Auto Insurance with a limit of insurance no less than $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 each accident covering “any auto” whether owned, non-ownedscheduled, leased, hired or borrowed vehicles other. Contractor may, at its option, purchase insurance to cover its personal property. In no event shall Owner be liable for any damage to or loss of personal property sustained by Contractor, whether or not it is insured, even if such loss is caused by the negligence of Owner, its employees, officers, Managers, or agents. Contractor waives on behalf of itself and must include coverage its insurers all rights against Owner and its agents, officers, Managers, and employees for blanket contractual liability for recovery of damages to the obligations assumed under contract Workers’ Compensation Statutory Limits where Services extent these damages are to be performed Must include coverage for Longshoremen’s and Harbor Workers’ Compensationcovered by its insurance regardless of deductibles, if applicableany. Insurance companies affording the coverage required above shall have an AM Best Rating of no less than A- VII. Failure to maintain the required insurance may result in termination of this Agreement at Owner’s option. By requiring insurance herein, Owner does not represent that coverage 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 limits will be used adequate to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate protect Contractor. The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that such insurance requirements contained herein shall not be changed construed in any manner to relieve or canceled, limit Contractor’s indemnification obligations for any loss or claim arising out of this Agreement. Insurance policies shall contain a clause that the insurers will not cancel or change the insurance without ten days giving the Roman Catholic Church in the State of Hawaii (30) days’ prior written notice. Such notice shall name the Roman Catholic Church in the State of Hawaii and its parishes or schools, its officers, officials, employees and volunteers as an Additional Insured. Prior to the City execution date 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 this Agreement or commencement of any Work Orderactivity contemplated under this Agreement, whichever is earlier, Contractor shall furnish Owner (the Roman Catholic Church in the State of Hawaii and [enter name of parish and school], its officers, officials, employees and volunteers are hereby named as an additional insured), with evidence of compliance with the above requirements.

Insurance Requirements. The Contractor assumes all risks incident or Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from 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 performance of the Contractor’s operations work hereunder and arising from acts or omissions the results of its employees and shall indemnify, defend, save harmless that work 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 or any Consultant, its agents, representatives, employees or subcontractors. More specifically: Contractor or Consultant shall provide its insurance broker(s)/agent(s) with a copy of its agents these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements. Contractor or employeesConsultant shall furnish City with copies of original endorsements affecting coverage required by this “Schedule E”. 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 The endorsements are to be performed Must include signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s or Consultant’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. In the event of the breach of any provision of this “Schedule E,” or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, City, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement. Commercial General Liability (CGL): Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limit no less than $1,000,000.00 combined single limit for Longshoremen’s bodily injury 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 property damage. 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 Errors and Omissions): Insurance appropriate 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 OrderContractor or Consultant’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.

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 Supplier represents that it and its subcontractors have procured, and at all risks incident to or in connection with its purpose to be conducted herein under and times during the term of this Agreement 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 connectionmaintain, the Contractor shall carry Insurances in the following amountsminimum levels of insurance, covering activities and obligations undertaken by Supplier and its subcontractors providing Products pursuant to this Agreement: Commercial Type of Coverage Minimum Coverage Limits Worker’s Compensation Statutory limits (if required by law) Employer’s Liability $1,000,000 Each Occurrence $1,000,000 *** Comprehensive General Aggregate Must include coverage for blanket contractual liability for the obligations assumed under contract Liability (including without limitation Premises-Operations, Completed Operations, Contractual, Broad Form Property Damage, Personal Bodily Injury: *** per occurrence; *** aggregate Injury) Property Damage: *** per occurrence; *** aggregate Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to (for all owned, non-owned, leasedand hired vehicles) Bodily Injury: Property Damage: *** each person; *** each accident *** each accident (*** Confidential material redacted and submitted separately to the Commission) CONFIDENTIAL TREATMENT REQUESTED—REDACTED COPY All such insurance shall provide coverage on the basis of occurrences during the policy period, hired and not on the basis of claims made during the policy period. Supplier shall procure additional amounts 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’ Compensationcategories of insurance coverage, if applicablerequired by law. Unless expressly waived in writing by AMD, AMD shall be named as an additional insured on all policies, except workers’ compensation, covering work done by Supplier and any subcontractors pursuant to this Agreement. Such insurance shall be the primary policy covering such occurrences, and no insurance coverage maintained by AMD shall apply to such occurrences unless and until such Supplier’s (and its subcontractors’) policies are exhausted. Supplier is responsible 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 ensuring that such insurance satisfies all requirements of this Agreement, including the applicable limits and scope of coverage. Prior to commencing work, Supplier shall not be changed or canceled, without ten provide executed certificates of insurance to AMD evidencing and certifying compliance with the insurance requirements described above. Supplier shall notify AMD in writing at least sixty (60) 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 any cancellation, material modification, lapse, or termination of any Work Ordersuch insurance policy.

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, coving, 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 such 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. Commonwealth of Massachusetts Tax Certification I certify, under penalties of perjury, that the below mentioned firm or person, to the best of my knowledge and belief, has complied with all the laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting of child support. NAME/FIRM: ADDRESS: TELEPHONE: DATE: SIGNATURE OF AUTHORIZED OFFICIAL: TITLE: SOCIAL SECURITY No. or FEDERAL IDENTIFICATION No.: Approval of a contract, or other agreement, will not be granted unless this certification form is signed by the applicant. Your Social Security number or Federal Identification number will be furnished to the Massachusetts Department of Revenue (DOR) to determine whether you have met tax filing or tax payment obligations. The Town is required to furnish a list to the DOR at the end of its fiscal year, showing the vendors to whom more than $5,000 is paid during the 12 months ending June 30th. Providers, who fail to correct their non-filing or delinquency, will not have a contract or other agreement issued, renewed, or extended. This request is made under the authority of Massachusetts General Laws, Chapter 62C, Section 49A. CERTIFICATION CLAUSE MASSACHUSETTS GENERAL LAWS, CHAPTER 62C, SECTION 49A Snow Plowing Equipment Rates Equipment Description Plowing Rates (per hour) *Early Sign- up Bonus Rate w/early Sign-up Bonus 4x4 Four Wheel Truck Minimum GVW 8500 with 8’ Minimum Power Angle Plow $ 95.00 $ 5.00 $ 100.00 4x4 Six Wheel Pick Truck Minimum Operating Range 8,501 to 14,000 GVW with 8’ Minimum Power Angle Plow $ 110.00 $ 5.00 $ 115.00 Six Wheel Dump Truck, Minimum Operating Range 14,001 to 19,000 GVW Equipped with minimum 10' Snow Plow and Tire Chains $ 120.00 $ 5.00 $ 125.00 Six Wheel Dump Truck, Minimum Operating Range 19,001 to 26,000 GVW Equipped with minimum 10' Snow Plow and Tire Chains $ 125.00 $ 10.00 $ 135.00 Six Wheel Dump Truck, Minimum Operating Range 26,001 to 33,000 GVW Equipped with minimum 10' Snow Plow and Tire Chains $ 140.00 $ 10.00 $ 150.00 Tri-Axle & Ten Wheel Dump Truck, Minimum Operating Range 33,001 + GVW Equipped with minimum 10' Snow Plow and Tire Chains $ 150.00 $ 5.00 $ 155.00 Skid Steer w/1-2 CY Bucket Minimum GVW 8500 $85.00 N/A $85.00 Backhoe 4x4 1-2 cubic Yard bucket w / Tire Chains Minimum 14,000 to 18,000 GVW / w/ Plate $135.00 $10.00 $145.00 Front End Loader 1.5 -2.5 CY Operating Weight Range 9,000 lbs. to 18,000 lbs. $140.00 $10.00 $150.00 Front End Loader 2.6 – 3.5 CY Operating Weight Range 18,001 lbs. to 38,000 lbs $160.00 $10.00 $170.00 Add for Plow or Pusher Box on a Backhoe, Loader or Skid Steer 9’ Add $45.00 N/A 10’ Add $50.00 N/A 11’ Add $55.00 N/A 12’ Add $60.00 N/A • Road Registration for Backhoe or Loader Add $5.00 N/A Snow Hauling Rates Equipment Description Hauling Rates (per hour) Six Wheel Dump Truck, Minimum 26,001 GVW to 33,001 / 7 yd. capacity $ 90.00 10 Wheel Dump Truck Minimum 33.001 GVW / 15 yard capacity $ 125.00 Trailer Dump Truck, Minimum 33,0001 GVW / 25 yd. capacity $ 140.00 Contractor Information All questions must be answered and the data given must be clear and comprehensive. Please type or print legibly. Company Name: Company Address: Company Telephone Number: Fax: Company E-mail: Company Website: Company President / Owner: Home Address: Home Phone: Mobile Phone: E-mail: Operator & Equipment Form (Copy form and completed one form of each vehicle to be hired) Company: Number of Vehicles for hire: Vehicle #: of Vehicle to be hired Make & Model: Year: GVWR: # of Wheels: Plow Width: Vehicle Registration: VIN#: Copy of Vehicle Registration: Pictures of Vehicle Submitted: Notes: Operator`s Name: Operator`s Address: Operator`s Mobile Phone: Alternate Phone: Copy of Driver License: Copy of Hoisting License: Notes: Alternate Operator`s Name: Alternate Operator`s Address: Alternate Operator`s Mobile Phone: Alternate Phone: Copy of Driver License: Copy of Hoisting License: Notes: Agreement I hereby certify that I have reviewed this agreement, am familiar with the requirements and procedures listed herein, and agree to provide the services as described. Contractor/Company Name & Address: Authorized Signature: Date: For the Town of Wellesley: Authorized Signature: Date: Document Required with Agreement / Check-off List : Copy of a valid insurance certificate for snow plowing in Wellesley : Completed Massachusetts Tax certification : Completion the Operator and Equipment Information Form for each piece of equipment being hired by the town. Blank information on any Work Ordernoted operator or equipment will not be accepted. : Copy of each operator’s valid driver’s license and / or hoisting license.

Insurance Requirements. The Contractor assumes all risks incident As a condition precedent to the effectiveness of this Agreement, during the term of this Agreement and during any renewal or in connection extension term of this Agreement, the Contractor, at the Contractor’s sole expense, shall provide insurance of such types and with its purpose to be conducted herein under such terms and shall indemnify, defend limits as noted below. Providing proof of 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 maintaining adequate insurance coverage are material obligations of the Contractor. The Contractor shall provide the City a certificate of insurance evidencing such coverage. The Contractor’s operations insurance coverage shall be primary insurance for all applicable policies. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor’s liability and arising obligations under this Agreement. All insurance policies shall be from acts insurers authorized to write insurance policies in the State of Florida and that possess an A.M. Best rating of “B” as to Management, “Class V” or omissions better as to financial strength. All insurance policies are subject to approval by the City’s Risk Manager. The coverages, limits, and endorsements required herein protect the interests of its employees the City, and these coverages, limits, and endorsements may not be relied upon by the Contractor for assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposure, whether as a result of this Agreement or otherwise. The requirements contained herein, as well as the City’s review or acknowledgement, are not intended to and shall indemnifynot in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement. The following insurance policies and coverages are required: Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence for Bodily Injury, defendand Property Damage Policy must include coverage for Contractual Liability and Independent Contractors. The City and the City’s officers, save harmless employees, and volunteers are to be covered as additional insureds with a CG 20 26 04 13 Additional Insured – Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage with respect to liability arising out of activities performed by or on behalf of the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the City of Xxxxx from any penalties or the City’s officers, employees, and volunteers. Business Automobile Liability Coverage must be afforded for violation of any lawall Owned, ordinance or regulation affecting or having application to said operation or resulting from Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectiondoes not own vehicles, the Contractor shall carry Insurances in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include maintain 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, nonHired and 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 policyOwned Auto Liability, 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 satisfied by way 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 endorsement 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 OrderCommercial General Liability policy or separate Business Auto Liabilitypolicy.

Insurance Requirements. The Contractor assumes All insurance and all risks incident to 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 Reports and be licensed to do and doing business in the state in which the Building 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 canceledmaterially altered (i.e., altered in a manner which caused Tenant to not comply with the insurance requirements of this Lease) without ten days 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 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. At its sole expense, Service Provider shall carry and maintain throughout the term of any fully executed Location Agreement the insurance described below. The Contractor assumes all risks incident risk and liabilities policies must each contain a provision by which the insurer agrees that such policy shall not be canceled except after thirty (30) days written notice to Purchaser. Service Provider agrees to obtain endorsements for third party general liability coverage required here to include as additional insureds Purchaser, its officials, employees and agents. Service Provider also agrees to require this same provision of all subcontractors, joint ventures or other parties engaged by or on behalf of Service Provider in connection with its purpose relation to this agreement. The additional insured coverage shall only apply to the extent any damages covered by the policy are determined to be conducted herein under caused by Service Provider’s acts, actions, omissions or neglects, and not to the extent caused by the additional insured’s own acts, actions, omissions, neglects or bare allegations. No liability insurance coverage provided to comply with this Agreement shall indemnifyprohibit Service Provider, defend and save or Service Provider’s employees, or agents, from waiving the City right of Xxxxx harmless from damage subrogation prior to a loss. Service Provider waives its right of subrogation against Purchaser. The waiver of subrogation shall be limited to the extent any claim is caused by Service Provider. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Service Provider or injuries of whatever nature any subcontractor, is intended to apply on a primary non-contributing basis in relation to any other insurance or kind self-insurance available to persons or property arising directly or indirectly out Purchaser. Before the commencement of the Contractor’s operations and arising from acts or omissions Services, Service Provider shall submit to Purchaser a Certificate of its employees and shall indemnify, defend, save harmless Insurance showing that all insurance requirements have been met. If any policy expires during the City of Xxxxx from any penalties for violation term of any lawfully executed Location Agreement(s), ordinance or regulation affecting or having application it shall automatically be renewed and a new Certificate of Insurance shall be sent immediately to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or any of its agents or employeesPurchaser. In this connection, the Contractor shall carry Insurances in the following amounts: Commercial Workers’ Compensation Statutory Limits Employer’s Liability $1,000,000 Each Occurrence 5,000,000 each accident $1,000,000 5,000,000 policy limit-disease $5,000,000 disease-each employee General Aggregate Must Liability This shall include all major divisions of coverage for blanket contractual liability for the obligations assumed under contract Comprehensive and be on a commercial occurrence form. It shall include premises operations, products and completed operations, contractual, and personal injury. Limits Primary: $5,000,000 each occurrence – BI & PD $5,000,000 general aggregate $5,000,000 personal injury & adv. Injury Automobile Liability and Property Damage This shall be on an occurrence basis with a combined single limit of $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to 5,000,000. It shall include all owned, non-automobiles 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 COnon-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Orderowned.

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 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. BUDGET MODIFICATONS 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. Instructions for Vendor Claiming Form 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: Expense Category In-Direct Expenses Direct Service Expenses Total Monthly Expenses Contract to Date Expenses Personnel: (In-Direct) Vice President 850 850 850 (Xxxx Xxxxx) Quality Assurance Asst. (Xxxxx Xxxxx) 550 550 550 Personnel: (Direct) 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 As a condition precedent to any entry onto the Property by Buyer or any Licensee Parties prior to the Closing, Buyer or any such Licensee Parties shall carry worker’s compensation insurance in compliance with applicable law, liability insurance covering bodily injury, property damage, with a combined single limit of $2,000,000, and automobile liability insurance in an amount not less than $1,000,000.00 covering all risks incident to or automobile and equipment owners and/or operated by Buyer and any Licensee Parties in connection with its purpose to the license granted herein. The liability policies described herein shall name Seller and those reasonably designated by Seller as additional insured. All such insurance shall: (a) be conducted herein under primary and shall indemnify, defend and save the City no insurance 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 Seller or any of its agents the additional insured shall be called upon to contribute to a loss and (b) not be cancelled or employeesmaterially modified without first giving Seller thirty (30) days’ advance written notice of cancellation or material modification. Before entering the Property pursuant to this Section 3.4, Buyer shall deliver copies of the policies or certificates of insurance issued by the insurance carrier(s) to Seller demonstrating compliance with the terms of this Section. In the event that, during the Due Diligence Period or at any other time during the pendency of this connectionAgreement that Buyer or any Licensee Parties are entering the Property, Buyer or any Licensee Parties fail to procure or maintain the Contractor shall carry Insurances insurance requirements as set forth in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include this Section or such insurance is modified such that it does not 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, non-owned, leased, hired or borrowed vehicles Seller 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 its additional insured as required herein neither Buyer nor any Licensee Parties shall be furnished with a certificate permitted to enter the Property and if Buyer does not cure such failure within three (3) days of insurancenotice thereof from Seller, which then Seller shall provide that such insurance shall not be changed or canceled, without ten days prior thereafter have the right to terminate this Agreement upon twenty-four (24) hours written notice to Buyer whereupon Buyer shall immediately cease all operations on the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be Property and promptly remove all Licensee Parties from the Property (unless the subject insurance requirements are satisfied and evidence thereof delivered to Seller before the City expiration of Xxxxx prior to the issuance of any Work Ordersaid twenty-four (24) hour notice).

Insurance Requirements. The Contractor assumes Prior to and during participation in the Program, Participant shall procure and maintain the following minimum insurance covering all risks incident operation required to complete the work in forms and with insurance companies acceptable to FPL: (i) all insurance requirements required by law, including, but not limited to, workers’ compensation insurance for statutory obligations imposed by workers’ compensation or occupational disease laws and comprehensive automobile liability insurance; and (ii) General Liability Insurance, including Broad Form Contractual Liability Coverage and Products/Completed Operations Liability Coverage, with minimum limits of Three Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage liability, which shall insure the performance of Participant’s contractual obligations under this Contract. Participant shall promptly provide evidence of the forgoing minimum insurance coverage by providing FPL with a copy of the insurance policy, including any and all exclusions, and an XXXXX or other certificate acceptable to FPL. Participant shall name FPL Entities as additional insureds on Participant’s liability policies required pursuant to this Section 5.2. All policies of insurance required to be maintained by Participant hereunder shall: (i) be endorsed to specify that they are primary to and not excess to or on a contributing basis with any insurance or self-insurance maintained by FPL Entities; (ii) provide a severability of interests or cross liability clause; (iii) provide for waivers of subrogation (or the equivalent thereof) in connection with its purpose to favor of FPL Entities; (iv) provide that FPL Entities and any additional insured shall 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 provided thirty (30) days’ prior written notice 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 ownedmaterial policy changes, non-ownedrenewals or cancellations; and (v) waive any right of subrogation against FPL Entities and waive any other right of the insurers to any off-set or counterclaim or any other deduction, leasedwhether by attachment or otherwise, hired or borrowed vehicles and must include in respect of any liability of FPL Entities. Neither Participant’s failure to provide evidence of minimum insurance coverage following FPL’s request, nor FPL’s decision to not make such request shall release Participant from its obligation to maintain the minimum coverage provided for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremenin this Section 5.2. At FPL’s and Harbor Workers’ Compensationsole discretion, if applicableFPL believes the insurance coverage described in this section is insufficient to cover potential claims that may arise out of Participant’s work, it can require additional or different insurance as a condition to participating in the Program. Participant agrees to promptly comply with any request from FPL for proof of the required insurance 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 shall produce documentation acceptable to obtain the aforementioned limits Professional Liability FPL within 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 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 Ordersuch 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 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 must provide proof of the following insurance coverages: Commercial General Liability Insurance For claims arising out of bodily injury, illness or death, or from damage to or destruction of property of others, including loss or use thereof, with minimum limits of $1,000,000 per occurrence, $2,000,000 aggregate for the entire term of the Agreement. Business Automobile Insurance Including owned, non-owned and hired vehicles with minimum limits for bodily injury and property damage of $1,000,000 per accident for the entire term of the Agreement. Workers’ Compensation Workers’ compensation coverage shall be in connection effect for the entire term of the Agreement, as required by Wyoming law, for all employees or agents providing services under this Agreement. Contractor shall provide the City with its purpose to be conducted herein under and proof of workers’ compensation or employer’s liability insurance coverage. Additional Insurance Information The Contractor shall indemnify, defend and save name the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out Laramie as an Additional Insured by endorsement on its insurance policies and shall provide the City with a copy of the Contractorendorsements. This requirement does not apply to workers’ compensation, employer’s operations liability and arising from acts or omissions of its employees and professional liability insurance policies. Contractor shall indemnify, defend, save harmless provide the City with certificates of Xxxxx from insurance acknowledging the above-stated coverages prior to beginning any penalties work under this Agreement. It is understood and agreed that these policies are primary and not contributory. All policies required under this Agreement shall be in effect for violation the duration of the Agreement. It shall be an affirmative obligation upon Contractor to immediately notify in writing the city risk manager, city clerk, and city attorney of any lawfact, ordinance circumstance, or regulation affecting occurrence that has resulted in or having application may result in the cancellation of, or substantive change to said operation or resulting from any insurance coverage required by this Agreement, and failure to do so shall be construed to be a breach of this Agreement. If requested by the carelessness, negligence or improper conduct of Contractor or any of its agents or employees. In this connectionCity, the Contractor shall carry Insurances in provide the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for City with copies of endorsements listing the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend City as an additional insured. The City’s failure to all ownedrequest or review such policies, non-ownedendorsements, 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 certificates shall not be changed affect the City’s rights or canceled, without ten days prior written notice to the City Contractor’s obligation hereunder. Any insurance company providing coverage under this Agreement shall have a minimum A. M. Best rating 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 OrderA- (excellent).

Insurance Requirements. The Without in any way limiting Proposer’s liability pursuant to the “Indemnification” section of the Agreement (see Appendix A), Contractor assumes all risks incident will be required to maintain in force, during the full term of the Agreement, insurance in the following amounts and coverage: • Worker’s Compensation Insurance with Employer’s Liability limits not less than $1,000,000 in statutory amounts, per each accident, injury, or in connection illness. • Commercial General Liability Insurance with its purpose limits not less than $1,000,000 per each occurrence, and $2,000,000 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 $1,000,000 per each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non-Owned, and Hired auto coverage, as applicable. Commercial General Liability and Commercial Automobile Liability Insurance policies must be endorsed to be conducted herein under and shall indemnify, defend and save 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 shall 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, Proposer shall 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, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by the Agreement, effective as of the lapse date. If insurance is not reinstated, 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 shall furnish to 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 City shall not relieve or decrease the liability of Contractor hereunder. If a subcontractor will be used to complete any portion of the agreement, the Proposer shall ensure that the subcontractor shall provide all necessary insurance and shall name the City and County of San Francisco, the San Francisco Public Utilities Commission, and their respective officers, agents, and employees and the Proposer listed as additional insureds.

Insurance Requirements. The Contractor assumes Borrower, at its sole cost and expense, will keep the Mortgaged Property insured during the entire term of this Mortgage for the mutual benefit of Borrower and Lender the insurance required in the Loan Agreement, along with flood insurance required by law, meeting the current requirements of applicable law. Such insurance shall be in an amount not less than the lesser of (a) the then full replacement cost of the Mortgaged Property, without deduction for physical depreciation, or (b) the outstanding principal balance of the Debt; but in any event an amount sufficient to ensure that the insurer issuing said policies would not deem Borrower a co-insurer under said policies. During the course of any construction upon the Premises, Borrower shall maintain such builder's risk insurance as may be required by Lender. Unless otherwise specified by Xxxxxx, Borrower shall maintain casualty insurance against all risks incident to or in connection with its purpose of any physical loss, including collapse and transit coverage for one hundred percent (100%) of the full replacement cost of the completed construction, such insurance to be conducted herein under in non- reporting form, with a deductible amount acceptable to Lender. All policies of insurance (individually, a "Policy", and collectively the "Policies") required pursuant to this Mortgage: (i) shall indemnifybe issued by an insurer qualified to do business in Kansas and satisfactory to Lender, 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 in its employees and sole discretion; (ii) 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, contain a mortgagee non-ownedcontribution clause satisfactory to Lender, leasedin its sole discretion, hired or borrowed vehicles and must include coverage for blanket contractual liability for naming Lender as the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are person 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 all payments made by such insurance company 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 paid; (iii) shall be assigned and delivered to the City of Xxxxx prior to the issuance of any Work Order.Lender; (iv) shall contain such provisions as Lender deems necessary or desirable to

Insurance Requirements. The Contractor assumes all risks incident to Lessee shall provide and maintain, at its sole cost and expense, Commercial General Liability insurance, or equivalent insurance as determined by Lessor, in connection with its purpose to be conducted herein an amount not less than $1,000,000 for each occurrence and in the aggregate, and in the case of property damage, not less than $100,000 for each occurrence, and including coverage for contractual liability assumed under this Agreement. Lessee shall name Lessor and Lessor Indemnified Parties as additional insureds on this policy and shall indemnifywaive any rights of subrogation or recourse against Lessor and Lessor Indemnified Parties, defend to the extent of Xxxxxx’s defense and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind indemnity obligations set forth in this Agreement. By requiring this insurance, Lessor does not represent that coverage and limits will necessarily be adequate to persons or property arising directly or indirectly out protect Lessee, and such coverage and limits shall not be deemed as a limitation on Lessee’s liability under this Agreement. Lessee shall furnish to Lessor, no less than ten (10) days in advance of the Contractor’s operations and arising from acts or omissions commencement of its employees and shall indemnifythe Event, 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 executed by a duly authorized representative of the insurer, which showing compliance with the insurance requirements set forth above. All policies required shall be written as primary policies and not contributing to nor in excess of any coverage Lessor may choose to maintain. The certificate(s) shall provide that such insurance shall not be changed or canceled, without ten days prior for thirty (30) days’ 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 Lessor prior to the issuance non-renewal, cancellation or material change of any Work Orderinsurance referred to in the certificate. If Lessee does not have the required insurance, Lessee shall purchase a Tenants and Users Liability Insurance Policy arranged by Lessor to cover Xxxxxx’s use of the Facility with the required limits. Lessee shall log on to xxxxx://xxxxx.xxxxxx.xxx/ and click on “Get A Quote For Your Event”. Lessee shall follow the instructions on the site, which will allow Lessee to purchase and pay for the required insurance by credit card. Any questions should be directed to 000-000-0000 and press 5. Additional insurance requirements for an Event with food and/or alcohol are described in Item 10.

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 employeescomplete indemnity requirements are detailed herein. In this connectionregard, the Contractor shall carry Insurances in maintain the following amountsinsurance coverage during the effective term(s) of this contract: Commercial Policy of General Liability Insurance, $1,000,000 Each Occurrence per occurrence, $1,000,000 General Aggregate Must include coverage for blanket contractual liability for aggregate together with damage to premises and fire damage of $50,000. The HA shall be named upon the obligations assumed under contract Comprehensive certificate issued as an "additional insured," together with providing a copy of the corresponding endorsement evidencing the same. Policy of Professional Liability Insurance or Errors & Omissions coverage, minimum of $1,000,000 each occurrence, general aggregate minimum limit of $1,000,000 with a deductible of not greater than $1,000; Automobile Liability coverage in a combined single limit of $1,000,000 Combined Single Limit Each Occurrence Coverage 1,000,000. For every vehicle utilized during the term of this contract, when not owned by the entity, each vehicle must extend to all owned, non-owned, leased, hired or borrowed vehicles and must include have evidence of automobile insurance coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include with limits of no less than $50,000/$100,000. Worker’s compensation coverage for Longshoremen’s and Harbor Workers’ Compensation, if applicable, evidencing carrier 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 amount. The City of Xxxxx shall be furnished with a certificate of insurance, which Contractor shall provide that such to the HA with current certificate(s)/endorsement(s) evidencing the insurance coverage referenced above. Failure to maintain the above- reference insurance coverage, including naming the HA as an additional insured (where appropriate) during the term(s) of this contract shall constitute a material breach thereof. The additional insured coverage is provided to the extent of the indemnification obligations of Contractor under this contract and shall not be changed construed so as to make Contractor or canceledthe issuer of such policies, without ten days prior written notice to liable for the City negligence, acts, errors or omissions of Xxxxxthe aforementioned requested additional insureds. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance certificate(s)/endorsement(s) shall be delivered to the City of following person representing the HA: Xxxxx prior Xxxxxxxxx Fargo Housing & Redevelopment Authority 000 Xxxxxxxx X Fargo, North Dakota 58102 14. Financial Viability and Regulatory Compliance: The Contractor warrants and represents that its corporate entity is in good standing with all applicable federal, state and local licensing authorities and that it possesses all requisite licenses to perform the services required by this contract. The Contractor further warrants and represents that it owes no outstanding delinquent federal, state or local taxes or business assessments. The Contractor agrees to promptly disclose to the issuance HA any IRS liens or insurance or licensure suspension or revocation that may adversely affect its capacity to perform the services outlined within this contract. The failure by the Contractor to disclose such issue to the HA in writing within 5 days of such notification received will constitute a material breach of this contract. The Contractor further agrees to promptly disclose to the HA any Work Orderchange of more than 50% of its ownership and/or any declaration of bankruptcy that the Contractor may undergo during the term(s) of this contract. The failure of the Contractor to disclose any change of more than 50% of its ownership and/or its declaration of bankruptcy within 5 days of said actions shall constitute a material breach of this contract. All disclosures made pursuant to this section of the contract shall be made in writing and submitted to HA within the time periods 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 By the City date of Xxxxx harmless from damage or injuries 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 connectionContract, 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 procure and maintain for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit duration of this Contract, insurance against claims for injuries to persons or damages to property, including products-completed operations which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representative, employees, and/or sub-contractorssubcontractors. The Contractor or sub-contractorsubcontractor shall pay the cost of such insurance. The Contractor may furnish separate certificates of insurance and policy endorsements from each sub-contractorsubcontractor as evidence of compliance with the insurance requirements of this Contract. For All Coverages: Each Occurrence Coverage must extend to all ownedinsurance policy shall be written on an "occurrence" form; excepting that insurance for professional liability, non-owned, leased, hired or borrowed vehicles errors 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 formomissions when required, may be used to obtain acceptable on a "claims made" form. If coverage is approved and purchased on a "claims made" basis, the aforementioned limits Professional Liability (Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City such extended coverage is available, for not less than three years from the date of Xxxxx shall be furnished with a certificate completion of insurancethe work which is the subject of this Contract. By requiring such minimum insurance coverage, theKing County, which shall provide that such insurance for purposes of this Contract includes the Court, its employees, officers and agents, (hereinafter the “County) and/or Court shall not be changed deemed or canceled, without ten days prior written notice construed to have assessed the risks that may be applicable to the City of XxxxxContractor under this contract. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSUREDThe Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. Certificates of Insurance Nothing contained within these insurance requirements shall be delivered deemed to limit the scope, application and/or limits of the coverage afforded, which coverage will apply to each insured to the City full extent provided by the terms and conditions of Xxxxx prior to the issuance policy(s). Nothing contained within this provision shall affect and/or alter the application of any Work Orderother provision contained within this Agreement.

Insurance Requirements. The Contractor assumes All insurance and all risks incident to 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 Reports and be approved to do 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 reduced below the limits required without ten days thirty (30) days' prior written notice to 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 thirty (30) days shall have expired. All liability insurance (except employers liability) shall name Landlord and any other parties designated by Landlord (including without limitation the City State of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance California Public Employees Retirement System, CalEast Industrial Investors, LLC, LaSalle Investment Management, Inc., Trammell Crow Company, or any othxx xxxxxxxxxx manager, asset manager or property manager) as an additional insured, shall be delivered primary and noncontributory to 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 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 at least ten (10) days before the Commencement Date and at least ten (10) days before expiration of each policy. Additional Insured Endorsement CG 20 11 11 85 or its equivalent is required to be provided as soon as it is available. If Tenant fails to insure or fails to furnish any such insurance certificate or endorsement, Landlord shall have the right, but shall not be required to, 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. Landlord may at any time amend the requirements herein due to (i) information not previously known to the City Landlord and which poses a material risk (ii) changed circumstances which, in the reasonable judgment of Xxxxx prior to the issuance of any Work OrderLandlord renders such coverage materially inadequate or (iii) as required by the Landlord's lender.

Insurance Requirements. 4) Applicant shall maintain and require its agents, vendors and exhibitors to maintain the insurance listed as follows: The Contractor assumes City of Twentynine Palms reserves the right to review any and all risks incident of the required insurance policies and/or endorsements but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this agreement or in connection with failure to identify any insurance deficiency shall not relieve Applicant from, nor be construed or deemed a waiver of, its purpose obligation to maintain the required insurance at all times during the performance of this agreement. General Liability Insurance: • Commercial General Liability Insurance. • Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The required limits may be conducted herein under provided by a combination of General Liability Insurance and shall indemnifyCommercial Excess or Umbrella Liability Insurance. If Applicant maintains higher limits than the specified minimum limits, 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 Twentynine Palms requires 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 be entitled 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, nonhigher limits maintained by Licensee/Permittee/Applicant. • Any deductible or self-owned, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for insured retention shall be shown on 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 Certificate of Insurance. The City of Xxxxx Twentynine Palms shall be furnished with endorsed as an additional insured for liability arising out of operations performed by or on behalf of the Applicant for which a certificate of insurance, which shall provide that such permit has been issued. • The insurance shall not be changed or canceled, without ten days prior written notice provided to the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance additional insureds shall be delivered to the City primary to, and non-contributory with, any insurance or self-insurance program maintained by them. • The policy shall cover inter-insured suits and include a “separation of Xxxxx prior to the issuance Insureds” or “severability” clause which treats each insured separately. • Required Evidence of any Work Order.Coverage:

Insurance Requirements. The Contractor assumes As a condition precedent to any entry onto the Property by Buyer or any Licensee Parties prior to the Closing, Buyer or any such Licensee Parties shall carry worker’s compensation insurance in compliance with applicable law, liability insurance covering bodily injury, property damage, with a combined single limit of $2,000,000, and automobile liability insurance in an amount not less than $1,000,000.00 covering all risks incident to or automobile and equipment owners and/or operated by Buyer and any Licensee Parties in connection with its purpose to the license granted herein. The liability policies described herein shall name Seller and those reasonably designated by Seller as additional insured. All such insurance shall: (a) be conducted herein under primary and shall indemnify, defend and save the City no insurance 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 Seller or any of its agents the additional insured shall be called upon to contribute to a loss and (b) not be cancelled or employeesmaterially modified without first giving Seller thirty (30) days’ advance written notice of cancellation or material modification. Before entering the Property pursuant to this Section 3.4, Buyer shall deliver copies of the policies or certificates of insurance issued by the insurance carrier(s) to Seller demonstrating compliance with the terms of this Section. In the event that, during the Due Diligence Period or at any other time during the pendency of this connectionAgreement that Buyer or any Licensee Parties are entering the Property, Buyer or any Licensee Parties fail to procure or maintain the Contractor shall carry Insurances insurance requirements as set forth in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include this Section or such insurance is modified such that it does not 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, non-owned, leased, hired or borrowed vehicles Seller 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 its additional insured as required herein neither Buyer nor any Licensee Parties shall be furnished with a certificate permitted to enter the Property and if Buyer does not cure such failure within three (3) days of insurancenotice thereof from Seller, which then Seller shall provide that such insurance shall not be changed or canceled, without ten days prior thereafter have the right upon to terminate this Agreement upon twenty-four (24) hours written notice to Buyer whereupon Buyer shall immediately cease all operations on the City Property and promptly remove all Licensee Parties from the Property (unless the subject insurance requirements are satisfied and evidence thereof delivered to Seller before the expiration of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS COsaid twenty-INSURED OR ADDITIONAL INSURED. Certificates of Insurance four (24) hour notice) and the Additional Deposit (but not the Initial Deposit) shall be delivered promptly returned to the City of Xxxxx prior to the issuance of any Work OrderBuyer.

Insurance Requirements. Company must obtain and maintain insurance adequate to cover any loss or damage to the Wardrobe or otherwise incurred by United Costume related to the Agreement. Without limiting the foregoing, Company shall provide United Costume with evidence of liability and fire and extended coverage (special form or all-risk floater) insurance as United Costume shall request, including, but not limited to, endorsements for unlocked and unattended vehicles, political appropriation, damage and loss during transit, as appropriate. The Contractor assumes all risks incident obligation to provide such insurance, on the one hand, and the obligations under Section 12 (Indemnity) and under Section 5 (Risk of Loss), on the other hand, are independent obligations, and none of them modifies or in connection with affects the other. Company shall provide workers’ compensation insurance for 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 Company shall, at its own expense, maintain at all times during the term of this connectionAgreement commercial general liability insurance (the “Liability Insurance”), including coverage for the operations of independent contractors and standard contractual liability coverage. The Liability Insurance shall include, without limitation, the Contractor shall carry Insurances in the following amountscoverages: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket standard contractual liability for the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all ownedliability, non-ownedpersonal injury liability, 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 applicablecompleted operations, and coverage for Federal Employers’ product liability. The 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 Insurance shall provide aggregate limits Professional Liability (if applicable) $1,000,000 Each Claim of not less than $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which shall provide that (including the coverages specified above) and not less than $2,000,000 per occurrence. All such insurance shall be primary and not contributory insurance and shall name United Costume as an additional insured and as a loss payee. All insurance maintained by Company pursuant to the foregoing provisions shall contain a waiver of subrogation rights in respect of any liability imposed by this Agreement on Company as against United Costume. Company shall hold United Costume harmless from and shall bear the expense of any applicable premiums, deductible amounts and self-insured retentions provided for or by any of the insurance policies required to be maintained under this Agreement. In the event of loss or any Claim (defined in Section 12 (Indemnity)), Company shall promptly pay the amount of the deductible or self-insured retention or the applicable portion thereof to United Costume or the appropriate insurance carrier(s), as applicable. Notwithstanding anything to the contrary contained in this Agreement, the fact that a loss may not be changed covered by insurance provided by Company under this Agreement or, if covered, is subject to deductibles, retentions, conditions or canceledlimitations shall not affect Company’s liability for any loss. Should Company fail to procure or pay the cost of maintaining in force any insurance specified herein, without ten days prior or to provide United Costume upon request with satisfactory evidence of such insurance, United Costume may, but shall not be obligated to, procure the insurance and Company shall reimburse United Costume on demand for its costs. Lapse or cancellation of any required insurance shall be deemed to be an immediate and automatic default of this Agreement. Company and Company’s insurance companies shall provide United Costume with not less than 10 days’ 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 effective date of any Work Ordercancellation or material change to any insurance maintained by Company pursuant to the foregoing provisions. Before obtaining possession of the Wardrobe, Company shall provide to United Costume certificates of insurance confirming the coverages and endorsements specified above. All certificates shall be signed by an authorized agent or representative of the insurance carrier.

Insurance Requirements. The Contractor assumes following coverages (below) will be provided by consultant and maintained on behalf of City of Irvine®, its directors, officers, employees, and authorized volunteers in accordance with the requirements set forth herein. Commercial General Liability Insurance. Primary coverage shall be provided in the Insurance Services Office CGL form No. CG 00 01 11 85 or 88. Policy limits shall be no less than one million dollars per occurrence for all risks incident coverages and two million dollars general aggregate applicable exclusively to this project. There shall be no cross-liability exclusion. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or in connection with its purpose self-insurance (primary or excess) available to be conducted herein under and shall indemnify, defend and save the City of Xxxxx harmless from damage Irvine®, its directors, officers, employees, and authorized volunteers. General liability insurance will not be limited to coverage for the vicarious liability or injuries of whatever nature or kind to persons or property arising directly or indirectly out the supervisory role of the Contractor’s operations and arising from acts or omissions additional insureds. Coverage for the additional insureds shall apply to the fullest extent permitted by law excepting only the active negligence of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation Irvine® as established by agreement between the parties or by the findings of any lawa court of competent jurisdiction. City of Irvine®, ordinance its directors, officers, employees, and authorized volunteers shall be added as insureds using Insurance Services Office additional insured endorsement form CG 20 10 11 85 or regulation affecting or having application to said operation or resulting from the carelessness, negligence or improper conduct a combination of Contractor or any of its agents or employeesendorsement forms CG 20 10 10 01 and CG 20 37 10 01. In this connection, the Contractor Business Auto Coverage. Primary coverage 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 be written on Insurance Services Office Business Auto Coverage must extend to all form CA 00 01 06 92 including owned, non-owned, leasedand hired autos. Limits shall be no less than one million dollars per accident. This policy shall be scheduled as underlying insurance to any umbrella policy applicable. If Consultant owns no autos, hired or borrowed vehicles and must include coverage for blanket contractual liability for a non- owned auto endorsement to the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremen’s and Harbor General Liability policy described above is acceptable. 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 shall be written on a policy form providing workers’ compensation statutory benefits as required by law. Employer’s liability limits shall be no less than one million dollars per Employee An Umbrella accident or disease. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects City of Irvine®, its directors, officers, employees, and authorized volunteers. By the signatures hereunder, each party certifies that it is aware of the provision of Section 3700 of the California Labor Code which requires every employer (and their consultants and subcontractors) to be insured against liability policyfor workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, which follows form, may and it will comply with such provisions before commencing the performance of the work of this Agreement. Cyber Liability Insurance. Coverage as appropriate shall be used to obtain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim in an amount not less than $2,000,000 per claim and annual aggregate, covering (1) all acts, errors, omissions, negligence, infringement of intellectual property; (2) network security and privacy risks, including but not limited to unauthorized access, failure of security, breach of privacy perils, wrongful disclosure, collection, or negligence in the handling of confidential information, privacy perils, including coverage for related regulatory defense and penalties; (3) system failure, damage to or destruction of electronic information, data recovery, business interruption, cyber extortion, and information theft; (4) data breach expenses payable whether incurred by City or Consultant, including but not limited to consumer notification, whether or not required by law, computer forensic investigations, public relations and crisis management firm fees, credit file or identity monitoring or remediation services in the performance of services for City or on behalf of City hereunder. If a sub-limit applies to any elements of coverage, the certificate of insurance evidencing the coverage above must specify the coverage section and the amount of the sub limit. General Aggregate The conditions pertaining to provision of insurance coverage. Consultant and 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 Irvine® agree 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.following provisions regarding insurance provided:

Insurance Requirements. The Contractor assumes As a condition precedent to any entry onto any portion of the Property by Buyer or any Buyer Parties prior to the Closing, Buyer and all risks incident to or Buyer Parties shall carry (a) worker’s compensation insurance in compliance with applicable Law; (b) employer’s liability insurance in an amount not less than $1,000,000 for each accident, $1,000,000 disease-policy limit, and $1,000,000 disease-each employee; (c) general liability insurance covering including premises/operations liability, broad form contractual liability, and for any Sampling Tests, blanket owner’s and contractor’s liability and products/completed operations liability with no exclusion for environmental claims and the explosion, collapse and underground exclusions eliminated; with a combined single limit of $2,000,000 for bodily injury and property damage and $2,000,000 per occurrence for contractual coverage; (d) automobile liability insurance in an amount not less than $1,000,000 covering all automobile and equipment owners and/or operated by Buyer and any Buyer Parties in connection with its purpose to the license granted herein; and (e) where a Buyer Party is acting as an environmental consultant or otherwise performing professional environmental services, a policy of environmental professional liability insurance, having minimum limits of $2,000,000 per occurrence with a $2,000,000 annual aggregate with no exclusion for pollution and/or environmental claims. The liability policies described herein shall name Seller, the Seller Parties and those reasonably designated by Seller, as an additional insured. All such insurance shall: (i) be conducted herein under and shall indemnify, defend and save the City primary so that no insurance 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 Seller or any of its agents the additional insureds shall be called upon to contribute to any loss; (ii) not be cancelled or employees. In this connection, the Contractor shall carry Insurances materially modified without first giving Seller two (2) Business Days’ advance written notice of cancellation or material modification; (iii) be issued by insurance companies permitted to do business in California and maintaining a rating of not less than A-/VIII as listed in the following amounts: Commercial Liability $1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage for blanket contractual liability for latest issue of the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all ownedA.M. Best & Co. Key Rating Guide; (iv) except where prohibited by Law, non-owned, leased, hired contain provisions that the issuing insurance companies waive the rights of recovery or borrowed vehicles subrogation against Seller 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 Seller Parties (except that 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 foregoing waiver shall not be changed applicable to the environmental professional liability policy referenced in clause (e), above); and (v) in the case of the environmental professional liability policy referenced in clause (e) above, be maintained for at least two (2) years after the earlier of the Closing or canceledthe earlier termination of this Agreement if such policy is written on a claims-made basis, without ten days prior written by any environmental consultant which conducts any intrusive or invasive testing at the Property. Before entering the Property pursuant to this Article 3, Buyer shall deliver certificates of insurance issued by the insurance carrier(s) to Seller demonstrating compliance with the terms of this Section. In the event Buyer or any Buyer Parties fails to procure or maintain the insurance requirements as set forth in this Section or such insurance is materially modified such that it does not provide coverage to Seller and its additional insureds as required herein, Seller shall have the right upon twenty-four (24) hours’ notice to remove all Buyer Parties from the City of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be Property unless the subject insurance requirements are satisfied and evidence thereof delivered to Seller before the City expiration of Xxxxx prior to the issuance of any Work Ordersaid twenty-four (24) hour notice.

Insurance Requirements. (a) All policies of insurance procured by Tenant: (i) shall be written as primary policies not contributing with, nor in excess of, coverage that Landlord may carry, and (ii) shall be issued in the name of Tenant and shall contain an endorsement naming Landlord and, at Landlord's request, its mortgagees or ground lessors, if any, as additional insureds. (b) Duly executed certificates of insurance or, if required by Landlord or any mortgagee, together with reasonably satisfactory evidence of payment of the premiums therefor, shall be delivered to Landlord on or before the day Tenant takes possession of the Premises and, upon renewals of such policy or policies, not less than ten (10) days prior to the expiration of the term of any coverage thereunder. The Contractor assumes all risks incident to or in connection with its purpose minimum limits of any insurance coverage required herein to be conducted herein carried by Tenant shall not limit Tenant's liabilities under and Article 16 hereof. All such certificates or policies shall indemnify, defend and save the City of Xxxxx harmless from damage provide for thirty (30) days' notice to Landlord or injuries of whatever nature any Mortgagee or kind to persons or property arising directly or indirectly out ground lessor of the Contractor’s operations cancellation of such policy. (c) Tenant releases Landlord and arising Landlord's agent, Mortgagees and ground lessors, if any, from acts liability for loss or omissions damage to any of its employees Tenant's property situated in the Commercial Center that is covered by the insurance required to be maintained by Tenant under Section 16.02 hereof, or, if Tenant fails to maintain such insurance, would have been covered by such insurance unless Landlord maintains insurance coverage for such loss 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 such loss was due to said operation or resulting from the carelessness, Landlord's gross negligence or improper conduct willful misconduct. This release shall not be limited to the liability of Contractor Landlord or Landlord's agents to Tenant; it shall also apply to Landlord or Landlord's agents liability to any person claiming through or under Tenant pursuant to a right of its agents subrogation or employeesotherwise. 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 All policies procured by Tenant 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 applicablesubsection 16.02(b) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx shall be furnished with a certificate of insurance, which hereof shall provide that such insurance shall not be changed invalidated should the insured waive in writing prior to a loss any or canceledall rights of recovery against any party for loss occurring to the property described therein. (d) Landlord releases Tenant and Tenant's agents from liability for loss or damage to all or any portion of the Buildings to the extent the same is covered by the fire and extended coverage insurance maintained by the Landlord with respect to the Commercial Center. This release shall not be limited to the liability of Tenant or Tenants agents to Landlord; it shall also apply to Tenant's or Tenant's agents liability to any person claiming through or under Landlord pursuant to a right of subrogation or otherwise. This release shall apply even if the loss or damage shall have been caused by the fault or negligence of Tenant or Tenant's agents. (e) If Tenant fails to take out or to keep in force any insurance required to be taken out and kept in force by Tenant, Landlord shall have the right, without ten days prior written notice assuming any obligation in connection therewith, to effect such insurance at the City sole cost and expense of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance Tenant and all outlays by Landlord shall be delivered paid by Tenant to the City Landlord within ten (10) days of Xxxxx prior to the issuance of any Work Orderdemand as additional rent.

Insurance Requirements. The Contractor assumes Landlord shall procure and maintain, at its expense, the following minimum insurance coverage insuring all risks incident to services, work activities and contractual obligations undertaken in this Contract. Landlord shall bear the full and complete responsibility for all risk of damage or in connection with its purpose to be conducted herein under loss of equipment, products, or money resulting from any cause whatsoever and shall not penalize the University for any losses incurred in association with this agreement. It is the Landlord’s responsibility to verify compliance of their company’s insurance coverage with the following requirements and to obtain pricing to meet these requirements prior to submitting the solicitation response. These insurance policies must be with insurers acceptable to Tenant. To the extent allowed by Alabama law and to the extent the claims are not barred by Xxxxxx’s immunity pursuant to Article I, Section 14, Constitution of Alabama of 1901, as amended, and the eleventh amendment of the U.S. Constitution, Tenant will indemnify, defend and save the City of Xxxxx hold Landlord and Managing Agent harmless from damage and against any and all claims, liabilities, damages and expenses (including reasonable attorneys’ fees) incurred by Landlord or injuries of whatever nature or kind to persons or property arising directly or indirectly out of the Contractor’s operations and Managing Agent, arising from the breach of Tenant’s obligations under this lease or the acts or omissions of Tenant , its employees Subtenants and Subtenants’ guests. Tenant shall indemnifyprocure and maintain, defendat its expense, save harmless the City following minimum insurance coverage: Property damage liability insurance coverage and general liability insurance coverage, including a minimum ($50,000) liability coverage per incident. Tenant shall assume all risk of Xxxxx from any penalties loss or damage for violation property loaned, leased, rented to, or in possession of any law, ordinance Tenant and provided by Landlord in the Apartments. This includes the loss of value due to the damage or regulation affecting or having application to said operation or other financial loss resulting from an inability to use the carelessnessproperty for future endeavors. Tenant shall purchase property insurance on property, negligence loaned, leased or improper conduct rented to Tenant (and its Subtenants) and the cost of Contractor insurance shall be the obligation of the Tenant. These limits may be accomplished through a combination of primary and excess/umbrella liability policies written on a follow form basis. A Landlord with a desire to self-insure part or any all of its agents or employeesinsurance requirements outlined above must provide audited financials for the most recent fiscal year for review and acceptance by the University. In this connectionIf Landlord is owned by a parent company and the financials are in the name of the parent, 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 University requires a parental guarantee contract for the obligations assumed under contract Comprehensive accepted by the Landlord. The University reserves the right to review and revoke self-insure status, if Xxxxxxxx’s financial ratings with Standard & Poor and/or Fitch ratings drop below investment grade, there is a material change in the audited financials, or Landlord entity is acquired or there is any change in the ownership structure. TYPES OF INSURANCE BASIC INSURANCE POLICY MINIMUM LIMITS OF LIABILITY Worker's Compensation Statutory - Alabama Employers Liability (EL) $500,000 (each employee, each accident and policy limit) Commercial General Liability (CGL) Each Occurrence Personal and Advertising Injury General Aggregate $1,000,000 $1,000,000 $2,000,000 Commercial Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all owned, non(CAL) (Including Hired & 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 applicableOwned Vehicles) $1,000,000 Each Claim each accident - combined single limit Umbrella Liability or Excess Liability (Excess must follow-form and attach above primary CGL, CAL & EL) $2,000,000 General Aggregate 4,000,000 Unless precluded by law, all policies of insurance maintained by Landlord or Tenant shall waive the right to recovery or subrogation against the Board of Trustees of The City University of Xxxxx Alabama, its individual trustees, officers, directors, employees, agents and representatives and against Landlord, its agents, representatives, and affiliates respectively. Coverage is to be primary and non-contributory with other coverage, if any, purchased by the University. The insurance policies shall be furnished with a issued by an insurance company licensed to do business in the State of Alabama carrying an AM Best’s rating of A- VII or better, and the certificate of insurancemust be signed by an authorized agent. In the event the Landlord was to cancel or non-renew the required insurance program, which shall the Landlord must provide that such insurance shall not be changed or canceled, without ten days prior prompt written notice to the City University explaining the situation. Failure to maintain the required insurance program may result in cancellation or suspension of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates the Contract until a replacement certificate of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Order.insurance evidencing

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 Contact & Equipment Information 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. The Contractor assumes Mortgagor shall keep the Mortgaged Property insured for the benefit of the Mortgagee against loss or damage by fire and available extended coverage risks, as may be reasonably required by the Mortgagee from time to time, and provided coverage of not less than the coverage encompassed by Fire, Extended Coverage, and Vandalism and Malicious Mischief perils broadened to include the so-called "All Risk of Physical Loss", all risks incident in a format approved by the Mortgagee and in sufficient amounts to or in connection with its purpose to be conducted herein under prevent the application of any insurance policy co-insurance contribution on any loss and shall indemnify, defend and save in no event be 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 face amount of the Contractor’s operations and arising from acts or omissions of its employees and Note. Policies shall indemnifybe written on a Builder's Risk, 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 ownedCompleted Value, non-owned, leased, hired or borrowed vehicles and must reporting form which shall include coverage therein for blanket contractual liability "completion and/or Mortgaged Property occupancy" only if improvements being made to the Mortgaged Property are so substantial as to require such coverage in addition to Mortgagor’s extended coverage policy. All insurance herein provided for shall be obtained by the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are Mortgagor (notwithstanding the procurement of other insurance policies by other persons or parties and relating to be performed Must include coverage for Longshoremen’s the Mortgaged Property) and Harbor Workers’ Compensation, if applicablecarried in companies approved by the Mortgagee, and coverage for Federal Employers’ Liability Actall policies, if applicable Employer’s Liability $1,000,000 Each Occurrence $1,000,000 Disease per Employee An Umbrella liability policyincluding additional and renewal policies, which follows form, may be used to obtain marked “premiums paid” and containing an agreement 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 of insurance, which shall provide insurer that such insurance the policy shall not be canceled or materially changed or canceled, 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 Mortgagee (ten (10) days for cancellation due to failure to pay premiums), the policy, or any duplicate original policy, shall be delivered to the City Mortgagee, and all renewal policies, including additional and renewals, modifications and extensions thereof, shall be deposited with the Mortgagee throughout the life of Xxxxx the loan and shall be payable, in case of loss or damage, to the Mortgagee as the first mortgagee, and shall contain the standard non-contributing mortgagee clause entitling the Mortgagee to collect all proceeds payable under all such insurance, as well as standard waiver of subrogation endorsement, and waiver of other endorsements, as the Mortgagee may require, all to be in form acceptable to the Mortgagee. In the event of any loss, the Mortgagor will give immediate notice to the Mortgagee. The Mortgagor hereby authorizes the Mortgagee, at its option, to collect, adjust and compromise any losses under any of the insurance policies, to endorse the Mortgagor's name on any document or instrument in payment of any insured loss and, after deducting the costs of collection, to apply the proceeds, at the Mortgagee's sole option, as follows: (i) as a credit upon the indebtedness secured hereby, whether or not the same shall be then due and payable, in which event, the lien of this Mortgage shall be affected only by a reduction thereof in any amount equal to the amount so applied as a credit, or (ii) to repairing or restoring the Mortgaged Property or any part thereof, in which event, the Mortgagee shall not be obligated to see to the proper application thereof, nor shall the amount so released or used be deemed a payment on any indebtedness secured hereby. The Mortgagor shall obtain, carry and maintain Comprehensive General Liability Insurance covering the Mortgaged Property in an amount of no less than One Million Dollars ($1,000,000) bodily injury and/or property damage, per occurrence, and Demolition Insurance in the event that all buildings on the Mortgaged Property cannot always be automatically rebuilt to the same specifications, and in the same location in the case of all types of destruction, regardless of magnitude. Insurance shall be with companies approved by the Mortgagee. Mortgagor shall provide Mortgagee with a Certificate of Insurance containing a provision designating the Mortgagee as an additional insured party and providing for not less than thirty (30) days written notice (ten (10) days for cancellation due to failure to pay premiums) to the Mortgagee prior to any material change or cancellation of Liability Insurance. Notwithstanding the issuance foregoing and provided no Event of Default is then existing, and further provided that Mortgagee is satisfied (in its commercially reasonable judgment) that there is no legal impediment to the building and improvements being rebuilt or repaired and that there are sufficient insurance proceeds or other funds available from Mortgagor for reconstruction, Mortgagee shall receive all insurance proceeds to be held to pay for the cost of the improvements on the Mortgaged Property in installments as the work progresses, the time and amount of each advance and upon such other terms relating to such reconstruction as are satisfactory to the Mortgagee in its reasonable discretion. If the Real Property is located in an area designated by the Federal Emergency Management Agency or the Flood Disaster Protection Act of 1973 (P.L. 93-234) as being in a "special flood hazard area" or as having specific flood hazards, whether now or at any time hereafter, Mortgagor shall also furnish Mortgagee with flood insurance policies which conform to the requirements of said Flood Disaster Protection Act of 1973 and the National Flood Insurance Act of 1968, as either may be amended from time to time. The amounts of any Work Ordersuch insurance coverages shall be in an amount equal to the full insurable value and shall be maintained thereafter at all times in an amount such that Mortgagor will not be deemed a co-insurer under applicable insurance laws, regulations, policies or practices. Renewals of such policies shall be so delivered before any such insurance shall expire in accordance with the Loan Documents. If Mortgagor shall fail to provide any such insurance, or shall fail to replace any of the same within ten (10) days after being notified that the insuring company is no longer approved by Mortgagee, or if any such insurance is cancelled or lapses without replacement, Mortgagee may, at its option, procure the same in such amounts as Mortgagee may reasonably determine and the cost thereof together with interest thereon at the lesser of the Default Rate or the maximum interest rate allowed under Florida law, provided for in the Note per annum from the date of expenditure by Mortgagee to the date of repayment by Mortgagor to Mortgagee shall be repaid by Mortgagor to Mortgagee on demand and shall be part of the Debt secured hereby.

Insurance Requirements. The During the term of this Agreement, at Contractor’s sole cost and expense, Contractor assumes all risks incident agrees to procure and maintain the following insurance: Commercial General Liability Insurance in the minimum amount $1,000,000 per occurrence, $2,000,000 in the aggregate, including coverage for property damage, bodily injury, personal & advertising injury, products and completed operations, liability assumed under an insured contract (including tort of another assumed in a business contract), and independent contractor’s liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement or in connection the general aggregate limit shall be twice the required occurrence limit. District, its officials, trustees, officers, agents, employees, volunteers, and representatives (“District Entities”) shall be named as additional insureds with its purpose respect 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 liability arising directly or indirectly out of the Work performed by or on behalf of the Contractor under this Agreement. The policy shall contain a severability of interests/cross liability clause or language stating that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. [Sexual Abuse and Molestation Insurance with $3,000,000 per claim and $6,000,000 aggregate, covering bodily injury, emotional distress, or mental anguish related to any claim, cause of action or liability associated with child molestation or sexual abuse. District Entities must be named as additional insureds. The coverage must contain a severability of interests/cross liability clause or language stating that Contractor’s operations and arising from acts insurance shall apply separately to each insured against whom claim is made or omissions suit is brought, except with respect to the limits 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 insurer's liability.] [Commercial Automobile Liability Insurance in the following amounts: Commercial Liability minimum amount of «$1,000,000 Each Occurrence $1,000,000 General Aggregate Must include coverage 1,000,000» per accident 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 bodily injury and property damage covering any auto, including all vehicles that are owned, non-owned, leasedand hired and personal injury protection. If Contractor has no owned autos the policy may be limited to cover hired and non-owned autos only. The policy must provide Contractual Liability coverage equivalent to that provided in the 1990 and later editions of ISO form CA 00 01.] [Workers' Compensation Insurance: Coverage must be at least as broad as that which is required by the State of California, hired or borrowed vehicles and with Statutory Limits. Contractor 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 also maintain Employer’s Liability Insurance with limit of no less than «$1,000,000 Each Occurrence $1,000,000 Disease 1,000,000» per Employee An Umbrella liability policyaccident for bodily injury or disease.] Contractor Insurance Primary: For any claims related to this Agreement, 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 coverage shall be furnished with a certificate primary insurance coverage. Any insurance or self-insurance maintained by the District Entities shall be excess of insurance, which shall provide that such the Contractor’s insurance and 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 Ordercontribute with it.

Insurance Requirements. The Contractor assumes all risks incident to or in connection with its purpose to be conducted herein under and Engineer 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 to the extent caused by the negligence 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 employeesEngineer. In this connection, the Contractor The Engineer 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 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 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 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. Each such insurance policy shall be with an insurance company authorized to do business in the City State of XxxxxArizona and reasonably acceptable to Landlord. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates Certified copies of Insurance all insurance policies evidencing the coverage under each such policy, as well as a certified copy of the required additional insured endorsement(s) 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 by any subtenant of Xxxxx Tenant, or (b) any occupation or use of 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 rust covering the Leased Premises, the Building or the Project, or (d) any change in title or ownership of the Project. All insurance policies required pursuant to this Article 9 shall be written as primary policies, not contributing with or in excess of any coverage which Landlord may carry. 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 in conformance with Accord Form No. 27 (March 1993). 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 9 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 five (5) days after receipt by Tenant of a bill xxxm Landlord. All policies of insurance 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 he part of Landlord.

Insurance Requirements. The Contractor assumes all risks incident PROPOSER shall not commence services under the terms of this Agreement until certification or proof of insurance detailing terms and provisions has been received and approved in writing by the CITY’s Risk Manager. If you are responding to or in connection with its purpose to be conducted herein under a bid and shall indemnifyhave questions regarding the insurance requirements hereunder, defend please contact the City's Purchasing Department at (000) 000-0000. If the contract has already been awarded, please direct any queries 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 proof of the Contractor’s operations requisite insurance coverage to City staff responsible for oversight of the subject project/contract. PROPOSER is responsible to deliver to the CITY for timely review and arising from acts or omissions written approval/disapproval Certificates of its employees Insurance which evidence that all insurance required hereunder is in full force 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 connectioneffect and which name on a primary basis, the Contractor CITY as an additional insured on all such coverage. Such policy or policies shall carry Insurances be issued by United States Treasury approved companies authorized to do 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 State of Florida. The policies shall be written on forms acceptable to the obligations assumed under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all ownedCity’s Risk Manager, non-ownedmeet a minimum financial A.M. Best and Company rating of no less than Excellent, leased, hired or borrowed vehicles and must include coverage for blanket contractual liability for be part of the obligations assumed under contract Workers’ Compensation Statutory Limits where Services Florida Insurance Guarantee Association Act. No changes are to be performed Must include made to these specifications without prior written approval of the City’s Risk Manager. Throughout the term of this Agreement, CITY, by and through its Risk Manager, reserve the right to review, modify, reject or accept any insurance policies required by this Agreement, including limits, coverages or endorsements. CITY reserves the right, but not the obligation, to review and reject any insurer providing 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 because of poor financial condition or failure to obtain operate legally. Failure to maintain the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City of Xxxxx required insurance shall be furnished with a certificate considered an event of insurancedefault. The requirements herein, which shall provide that such as well as CITY’s review or acceptance of insurance maintained by PROPOSER, are not intended to and shall not be changed in any way limit or canceledqualify the liabilities and obligations assumed by PROPOSER under this Agreement. Throughout the term of this Agreement, without ten days prior written notice to PROPOSER and all subcontractors or other agents hereunder, shall, at their sole expense, maintain in full force and effect, the City of Xxxxxfollowing insurance coverages and limits described herein, including endorsements. THE POLICY SHALL LIST THE CITY OF XXXXX AS CODocuSign Envelope ID: 1FA8E3C4-INSURED OR ADDITIONAL INSURED. Certificates of Insurance shall be delivered to the City of Xxxxx prior to the issuance of any Work Order.EFDF-4D8C-B8E2-338851EF6CED DocuSign Envelope ID: CA6ABE88-4693-444A-BC6D-10C8E49D8A25

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 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 Indemnitees are named as additional insureds with its purpose the Developer. Developer shall furnish a certificate of insurance to the City prior to the Close of Escrow, and shall furnish complete copies of such policy or policies upon request by the City. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached hereto, the protection offered by the policy shall: Include an endorsement naming the Indemnitees as additional insureds; 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; Bear an endorsement or shall have attached a rider providing that the City 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; provided, however, if such endorsement or rider is not available from Developer’s insurance carrier, then the certificate of insurance shall provide that should the policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. The Developer shall also file with the City 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’ CompensationCompensation Insurance, and shall furnish a Certificate of Insurance to the City before the commencement of construction. The City, its officers, employees, agents, representatives and attorneys shall not be responsible for any claims in law or equity 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, in the event of expiration, proposed cancellation, or reduction in coverage of such policy for any reason whatsoever, the City shall be 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 event of nonpayment of premium; provided, however, if applicablesuch endorsement or rider is not available from Developer’s insurance carrier, 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 then 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 shall provide that such insurance shall not should the policy be changed or canceledcancelled before the expiration date thereof, 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 will be delivered to in accordance with the City of Xxxxx prior to the issuance of any Work Orderpolicy provisions.

Insurance Requirements. The Contractor assumes As required by Lender and applicable law, and as may be modified from time to time, Borrower shall: keep the Improvements insured at all risks incident times against any hazards, which insurance shall include coverage against loss by fire and all other perils insured by the “special causes of loss” coverage form, general boiler and machinery coverage, business income coverage, and flood (if any of the Improvements are located in an area identified by the Federal Emergency Management Agency (or any successor) as an area having special flood hazards and to the extent flood insurance is available in that area), and may include sinkhole insurance, mine subsidence insurance, earthquake insurance, terrorism insurance, windstorm insurance and, if the Mortgaged Property does not conform to applicable building, zoning, or land use laws, ordinance and law coverage; maintain at all times commercial general liability insurance, workmen’s compensation insurance, and such other liability, errors and omissions, and fidelity insurance coverage; and maintain builder’s risk and public liability insurance, and other insurance in connection with its purpose to completing the Repairs or Replacements, as applicable. Delivery of Policies, Renewals, Notices, and Proceeds. Borrower shall: cause all insurance policies (including any policies not otherwise required by Lender) which can 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 ownedendorsed with standard non-contributing, non-owned, leased, hired reporting mortgagee clauses making loss payable to Lender (or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are Lender’s assigns) to be performed Must include coverage so endorsed; promptly deliver to Lender a copy of all renewal and other notices received by Borrower with respect to the policies and all receipts for Longshoremen’s paid premiums; deliver evidence, in form and Harbor Workers’ Compensationcontent acceptable to Lender, if applicablethat each required insurance policy under this Article 9 has been renewed not less than fifteen (15) days prior to the applicable expiration date, 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 evidence is other than an original or duplicate original of a renewal policy, which follows form, ) deliver the original or duplicate original of each renewal policy (or such other evidence of insurance as may be used required by or acceptable to obtain Lender) in form and content acceptable to Lender within ninety (90) days after the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City applicable expiration date of Xxxxx shall be furnished with a certificate of insurance, which shall the original insurance policy; provide that such insurance shall not be changed or canceled, without ten days prior immediate 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 insurance company and to the City of Xxxxx prior to the issuance Lender of any Work Orderevent of loss; execute such further evidence of assignment of any insurance proceeds as Lender may require; and provide immediate written notice to Lender of Borrower’s receipt of any insurance proceeds under any insurance policy required by Section 9.02(a)(1) above and, if requested by Lender, deliver to Lender all of such proceeds received by Borrower to be applied by Lender in accordance with this Article 9.

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 X 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 insurance and all risks incident to 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 Reports and be licensed to do and doing business in the state in which the Project 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 days 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 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 in any way pertaining to this Lease or Tenant's occupancy of the City Premises, 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 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. The Contractor assumes Seller shall, at all risks incident to or times, maintain (a) commercial general liability insurance, including premises, operations, products and completed operations, and contractual liability, with limits of not less than Five Million Dollars ($5,000,000.00) per occurrence for bodily injury and property damage, and Five Million Dollars ($5,000,000.00) in connection aggregate; (b) vehicle liability coverage with its purpose to be conducted herein under a combined single limit not less than $1,000,000 per occurrence; and shall indemnify, defend (c) workers’ compensation coverage as required by applicable laws 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 regulations of the Contractorapplicable state, and employer’s operations and arising from acts or omissions liability insurance with limits 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 for bodily injury by accident, each accident; $1,000,000 General Aggregate Must include for bodily injury by disease, each employee; and $1,000,000 for bodily injury by disease, policy limit. Seller shall also maintain product recall or contaminated products insurance of not less than One Million Dollars ($1,000,000.00) per occurrence, including coverage for blanket contractual third-party recall liability. All insurance shall be issued by reputable insurers reasonably acceptable to Buyer. Coverage requirements may be satisfied using a combination of primary and excess liability for the obligations assumed insurance. Insurance shall name Buyer as an additional insured under contract Comprehensive Automobile Liability $1,000,000 Combined Single Limit Each Occurrence Coverage must extend to all ownedan “Additional Insured-Suppliers” endorsement, shall be primary and 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 applicablecontributory, 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 Buyer will be changed or canceled, without ten days given at least thirty (30) days' prior written notice of any cancellation or reduction in coverage. Upon request by Buyer, Seller shall provide Buyer with a Certificate of Insurance evidencing the coverages herein required and identifying the “Certificate Holder” as Buyer. Seller shall cause its insurer(s) to endorse the required insurance hereunder to waive any rights of subrogation against Buyer. Should Seller fail to adhere to the City requirements of Xxxxx. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates of Insurance this Section, Buyer may order any such insurance and charge the cost thereof to Seller, which amount shall be delivered due and payable by Seller upon demand. The indemnity and insurance obligations of Seller shall remain in effect for so long as Seller is supplying any Products to the City Buyer and, thereafter, for a period equal to any applicable statute of Xxxxx prior to the issuance of any Work Orderlimitations.

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. 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. All insurance policies shall be written with insurance companies and shall have coverage limits acceptable 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. The Contractor assumes all risks incident to commercial general liability, automobile liability, and excess liability insurance policies shall name the Landlord Parties as additional insureds (on ISO CG 20 11 01 96 or in connection with its purpose equivalent for the commercial general liability policy) and require prior notice of cancellation to be conducted herein delivered in writing to Landlord within the time period applicable to the first named insured. The commercial general liability and excess liability policies shall include an unmodified Separation of Insureds provision. The following exclusions/limitations or their equivalent(s) are prohibited: Contractual Liability Limitation CG 21 39; Amendment of Insured Contract Definition CG 24 26; any endorsement modifying the Employer's Liability exclusion or deleting the exception to it; any "Insured vs. Insured" exclusion except Named Insured vs. Named Insured; and any Punitive, Exemplary, or Multiplied Damages exclusion. Tenant shall furnish evidence that it maintains all insurance coverages required under this Lease (XXXXX 25 for liability insurance and the XXXXX 28 for Commercial Property Insurance, with copies of declaration pages for each required policy) at least ten days before entering the Premises for any reason. The XXXXX 25 Form Certificate of Insurance for the liability insurance policy shall specify the policy form number and edition date and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind have attached to persons or property arising directly or indirectly out it a copy of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless additional insureds endorsement listing 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 employeesLandlord Parties. 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 Coverage amounts 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, insurance 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 increased periodically in accordance 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 Orderindustry standards for similar properties.

Insurance Requirements. The Contractor assumes As required by Lender and applicable law, and as may be modified from time to time, Borrower shall: keep the Improvements insured at all risks incident times against any hazards, which insurance shall include coverage against loss by fire and all other perils insured by the “special causes of loss” coverage form, general boiler and machinery coverage, business income coverage, and flood (if any of the Improvements are located in an area identified by the Federal Emergency Management Agency (or any successor) as an area having special flood hazards and to the extent flood insurance is available in that area), and may include sinkhole insurance, mine subsidence insurance, earthquake insurance, terrorism insurance, windstorm insurance and, if the Mortgaged Property does not conform to applicable building, zoning, or land use laws, ordinance and law coverage; maintain at all times commercial general liability insurance, workmen’s compensation insurance, and such other liability, errors and omissions, and fidelity insurance coverage; and maintain builder’s risk and public liability insurance, and other insurance in connection with its purpose to completing the Repairs or Replacements, as applicable. Delivery of Policies, Renewals, Notices, and Proceeds. Borrower shall: cause all insurance policies (including any policies not otherwise required by Lender) which can 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 ownedendorsed with standard non-contributing, non-owned, leased, hired reporting mortgagee clauses making loss payable to Lender (or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are Lender’s assigns) to be performed Must include coverage so endorsed; promptly deliver to Lender a copy of all renewal and other notices received by Borrower with respect to the policies and all receipts for Longshoremen’s paid premiums; deliver evidence, in form and Harbor Workers’ Compensationcontent acceptable to Lender, if applicablethat each required insurance policy under this Article 9 has been renewed not less than fifteen (15) days prior to the applicable expiration date, 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 evidence is other than an original or duplicate original of a renewal policy, which follows form, ) deliver the original or duplicate original of each renewal policy (or such other evidence of insurance as may be used required by or acceptable to obtain Lender) in form and content acceptable to Lender within ninety (90) days after the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City applicable expiration date of Xxxxx shall be furnished with a certificate of insurance, which shall the original insurance policy; provide that such insurance shall not be changed or canceled, without ten days prior immediate 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 insurance company and to the City of Xxxxx prior to the issuance Lender of any Work Orderevent of loss; execute such further evidence of assignment of any insurance proceeds as Lender may require; and provide immediate written notice to Lender of Borrower’s or Master Lessee’s receipt of any insurance proceeds under any insurance policy required by Section 9.02(a)(1) above and, if requested by Lender, deliver to Lender all of such proceeds received by Borrower or Master Lessee to be applied by Lender in accordance with this Article 9.

Insurance Requirements. The Contractor assumes all risks incident During the term of this Agreement, Licensee agrees to or in connection with its purpose to be conducted herein under carry and maintain, and shall indemnifyfurnish Licensor proof of, defend insurance under the following terms 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 indemnifyconditions: If Licensee has any employees, 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 Licensee shall carry Insurances in the following amounts: Commercial Liability and maintain a worker’s compensation policy that complies with all applicable laws and provides limits of not less than $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 500,000. Licensee agrees 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 furnish 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 Licensor a certificate of insuranceinsurance for such policy and to require independent contractors engaged by Licensee to carry and maintain workmen’s compensation insurance covering their employees working or performing such services. Licensee shall carry and maintain general liability insurance insuring the Licensee and naming “The Trustees of Indiana University, which its officers, agents, and employees” as an additional insured with minimum limits of $1,000,000 for each occurrence and $2,000,000 in the aggregate. Licensee’s policy shall provide that such be primary and non-contributing with respect to any insurance carried by Licensor. These insurance policies shall not limit Licensee’s liability under this Agreement. All policies shall be changed or canceled, without ten days prior with a company that is acceptable to Licensor and shall contain an endorsement requiring thirty (30) days’ written notice to the City Indiana University Office of XxxxxInsurance, Loss Control & Claims before cancellation, reduction or other modification. THE POLICY SHALL LIST THE CITY OF XXXXX AS CO-INSURED OR ADDITIONAL INSURED. Certificates A certificate of Insurance shall insurance and proof of additional insured must be delivered to the City of Xxxxx Licensor no later than fourteen (14) days prior to the issuance Event. If proof of acceptable insurance is not provided, Licensor reserves the right to terminate this Agreement, and Licensee shall not be permitted to use Licensor’s Facilities. The parties agree that Licensor will not be responsible for any Work Orderloss or damage suffered by Licensee or Licensee’s vendors as a result of cancellation due to Licensee’s failure to provide proof of insurance. Licensee agrees to be solely responsible for all sums payable for Social Security, Unemployment Insurance, Disability Benefits, or other charges in connection with Licensee’s employees. Licensee is and shall remain the employer of such employees for all purposes. If Licensee has difficulty obtaining proper insurance coverage, Licensee may contact the IU Office of Insurance, Loss Control & Claims about participating in Licensor’s TULIP program. At Licensor’s sole discretion, additional insurance coverage may be required depending upon the nature of the event.

Insurance Requirements. Contractor warrants that, at its own expense, it shall procure and maintain the following minimum insurance coverage for the duration of the Agreement with companies duly licensed to do business in the State of Arizona, possessing a current A.M. Best, Inc. Rating of A- or better. The Contractor assumes all risks incident to or in connection with its purpose to be conducted herein shall not begin work under this Agreement until it obtains insurance required under this Article and shall indemnifymaintain in full force and effect the required insurance during the term of this Agreement. All liability policies shall be written on an occurrence basis form. In the event any insurance policy(ies) required by the Agreement is(are) written on a “claims made” basis, defend coverage shall extend for two years past completion 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 acceptance of the Contractor’s operations and arising from acts work or omissions services. • Commercial General Liability Commercial General Liability insurance with a limit 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 not less than $1,000,000 Each Occurrence for each occurrence with a $1,000,000 General 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 Limit. • Professional Liability Insurance that shall indemnify the Contractor against errors and omissions arising out of Xxxxx the work or services performed by Contractor, or anyone employed by Contractor, or anyone for whose acts, mistakes, errors and omissions Contractor is legally liable, with a liability insurance limit of $1,000,000 each claim and $2,000,000 all claims. • Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to the Contractor’s owned, hired and non-owned vehicles assigned to or used in the performance of the Contractor’s services related to this Agreement. • Worker’s Compensation insurance as imposed by Arizona state statutes. A copy of certificate of coverage shall be furnished with a certificate to the CITY at least ten (10) days prior to the Contractor’s commencement of insurance, which services under this Agreement. All policies shall provide that such insurance shall not be changed or canceled, without ten for at least thirty (30) calendar days prior written notice to the CITY before coverage is canceled; the Contractor shall notify the CITY at least thirty (30) calendar days prior to any suspension, voiding, or reduction of coverage or of limits. Any deductibles or self-insured retention exceeding $25,000 shall be declared to the CITY and the CITY shall determine whether to approve such deductible or self-insurance retention, or to require the Contractor to provide additional coverage. The Contractor’s insurance shall be primary with respect to the CITY and its employees. Remit insurance verification to: 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.Kingman, Attn: Risk Management, 000 X. 0xx Xxxxxx, Xxxxxxx, XX 00000

Insurance Requirements. The Contractor assumes all risks incident In the event Tenant fails to or in connection with its purpose provide any insurance required to be conducted herein provided by it under this Article 15, and such failure shall indemnifycontinue for three (3) days after notice to Tenant of such failure, defend Landlord shall have the right, in its sole discretion, to procure and save maintain such insurance which Tenant has so failed to provide, and the City cost thereof shall be deemed Additional Rent due and payable by Tenant hereunder. Tenant may not self-insure against any risks required to be covered by insurance provided by Tenant hereunder. Landlord makes no representation that the insurance coverage specified to be carried by Tenant pursuant to this Article 15 is adequate to protect Tenant against Tenant’s undertaking under the provisions of Xxxxx harmless from damage this Lease or injuries otherwise, and in the event Tenant believes that any such insurance coverage called for under this Lease is insufficient, Tenant shall provide, at its own expense, such additional insurance as Tenant deems adequate. Tenant shall not keep, use, sell or offer for sale in or upon the Premises any article which may be prohibited by any insurance policy periodically in force covering the Premises, the Building or the Project. Tenant shall not do or permit to be done any act or things upon or about the Premises, the Building or the Project, which will (a) result in the assertion of whatever nature any defense by the insurer to any claim under, (b) invalidate, or kind (c) be in conflict with, the insurance policies of Landlord or Tenant covering the Project, the Building or the Premises or fixtures and property therein, or which would increase the rate of fire insurance applicable to the Building or the Project to an amount higher than it otherwise would be (unless Tenant agrees in writing to pay the increased cost thereof); and Tenant shall neither do nor permit to be done any act or thing upon or about the Premises or the Building or the Project which shall or might subject Landlord to any liability or responsibility for injury to any person or persons or to property. If, as a result of any act or omission by or on the part of Tenant or violation of this Lease, whether or not Landlord has consented to the same, the rate of “All Risk” or other type of insurance maintained by Landlord on or with respect to the Building and fixtures and property arising directly or indirectly out therein, shall be increased to an amount higher than it otherwise would be, Tenant shall reimburse Landlord for all increases of Landlord’s insurance premiums so caused within fifteen (15) days after delivery of written demand therefor by Landlord. Tenant shall carry and maintain during the entire Term, at Tenant’s sole cost and expense, such increased amounts of the Contractorinsurance required to be carried by Tenant pursuant to this Article 15 and such other types of insurance coverage and in such amounts covering the Premises and Tenant’s operations and arising from acts or omissions of its employees and shall indemnifytherein, 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, as may be non-owneddiscriminatorily requested by Landlord in a manner consistent with Institutional Owner Practices; provided, leasedhowever, 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 Landlord shall not be changed permitted to increase the scope or canceled, without ten days prior written notice amount of insurance to be carried by Tenant hereunder more than once during any three (3) year period and any new requirements imposed by Landlord shall (i) be required by Landlord’s first priority lender (provided that 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.same is consistent with Institutional Owner

Insurance Requirements. The Contractor assumes all risks incident to or in connection All liability insurance policies required herein (with its purpose to be conducted herein under exception of Worker’s Compensation/Employer’s Liability) shall name Landlord, and shall indemnify, defend and save the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or Landlord’s 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’ Compensationmanager, 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 any other entities Landlord may reasonably request from time to time (collectively the “Additional Insureds”) as Additional Insureds on a primary and non-contributory basis without any privity of contract requirement. A waiver of subrogation shall apply in favor of Landlord and the other Additional Insureds on all insurance required to be carried by Tenant herein. None of the required insurance policies shall contain broad contractual 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 exclusions. Tenant shall be furnished with a certificate solely responsible for its own deductibles and self-insured retentions and shall not look to Landlord for reimbursement or contribution. Neither the minimum insurance requirements set forth in this Lease, nor the limits of such insurance, which shall provide limit the liability of Tenant under this Lease. All insurance companies providing insurance pursuant to this Article 9 shall be rated at least A- VIII in Best’s Key Rating Guide and shall be otherwise reasonably acceptable to Landlord and licensed and qualified to do business in the State of Nevada. Tenant authorizes Landlord to contact Tenant’s insurance company directly in the event that such Landlord elects to make a claim under Tenant’s insurance. Each of Tenant’s insurance shall policies must not be changed cancelable or canceled, without ten modifiable except upon thirty (30) days prior written notice to the City Landlord, with ten (10) day notice of Xxxxxcancellation for non-payment of premium, and any specified mortgagee and ground lessor of Landlord. THE POLICY SHALL LIST THE CITY OF XXXXX AS COThe insurance shall not contain any cross-INSURED OR ADDITIONAL INSUREDliability exclusions or shall contain a severability of interest clause acceptable to Landlord. Certificates Copies of Insurance policies or original certificates of insurance on an Xxxxx form, or its reasonable equivalent, with respect to each policy shall be delivered to the City of Xxxxx Landlord prior to the issuance Commencement Date (or, if there is an Early Possession Date, prior to the Early Possession Date), and thereafter, at least thirty (30) days before the expiration of any Work Ordereach existing policy.

Insurance Requirements. The Contractor assumes All insurance and all risks incident to 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 Reports and be licensed to do and doing business in the state in which the premises 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 days 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 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 the 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 shall name Landlord as loss payee to the City full extent of Xxxxx prior Landlord's interest in any improvements and betterments. Tenant shall deliver certificates of 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 but not the obligation 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. The Contractor assumes Recipient must take out and maintain at its own expense during the Term such insurance as a prudent and responsible entity would effect in respect of the conduct of its business and the Services. Evidence of Insurance The Recipient must give to DPIRD reasonable evidence of the insurance under clause 14.1 and provide a certificate of currency of insurance as requested by DPIRD at any time. Failure to Prove Insurance At all risks incident times while the Recipient is not in compliance with clause 14.1 or 14.2, DPIRD may withhold payment of any money otherwise due to the Recipient under this Agreement. Reputable and Solvent Insurer Any policy of insurance taken out by the Recipient must be taken out with a reputable and solvent insurer carrying on business in Australia which is authorised by the Australian Prudential Regulation Authority, unless the Recipient can establish to the satisfaction of WAAA that the Recipient is subject to a government policy of self-insurance and the protection provided to WAAA is at least that required under this Agreement. INDEMNITY Indemnity The Recipient indemnifies and keeps indemnified DPIRD and all DPIRD’s officers, employees and agents as well as the Minister, the State of Western Australia and all their Personnel (Indemnified) against all costs, losses, expenses, claims, damages and other liabilities (including reasonable legal fees on a full indemnity basis) suffered, incurred or sustained by any of the Indemnified as a result of: any breach of this Agreement (including material breach of any warranty given under this Agreement) by the Recipient; any act or omission by the Recipient or any of its officers, employees, agents or contractors arising out of or in connection with its purpose this Agreement. Contributory Negligence The Recipient’s liability under the indemnities in clause 15.1 will be reduced proportionately to be conducted herein under and shall indemnifythe extent that any costs, defend and save the City losses, expenses, claims, damages or other liabilities result from: any breach of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out this Agreement by any of the Contractor’s operations and arising from acts Indemnified; any wilful misconduct or omissions of its employees and shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance unlawful or regulation affecting negligent act or having application to said operation or resulting from the carelessness, negligence or improper conduct of Contractor or omission by any of its agents or employeesthe Indemnified. 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.MISCELLANEOUS

Insurance Requirements. The Contractor assumes Prior to and during participation in the Program, Participant shall procure and maintain the following minimum insurance covering all risks incident operation required to complete the work in forms and with insurance companies acceptable to FPL: (i) all insurance requirements required by law, including, but not limited to, workers’ compensation insurance for statutory obligations imposed by workers’ compensation or occupational disease laws and comprehensive automobile liability insurance; and (ii) General Liability Insurance, including Broad Form Contractual Liability Coverage and Products/Completed Operations Liability Coverage, with minimum limits of One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and property damage liability, which shall insure the performance of Participant’s contractual obligations under this Contract. Participant shall promptly provide evidence of the forgoing minimum insurance coverage by providing FPL with a copy of the insurance policy, including any and all exclusions, and an XXXXX or other certificate acceptable to FPL. Participant shall name FPL Entities as additional insureds on Participant’s liability policies required pursuant to this Section 5.2. All policies of insurance required to be maintained by Participant hereunder shall: (i) be endorsed to specify that they are primary to and not excess to or on a contributing basis with any insurance or self-insurance maintained by FPL Entities; (ii) provide a severability of interests or cross liability clause; (iii) provide for waivers of subrogation (or the equivalent thereof) in connection with its purpose to favor of FPL Entities; (iv) provide that FPL Entities and any additional insured shall 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 provided thirty (30) days’ prior written notice 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 ownedmaterial policy changes, non-ownedrenewals or cancellations; and (v) waive any right of subrogation against FPL Entities and waive any other right of the insurers to any off-set or counterclaim or any other deduction, leasedwhether by attachment or otherwise, hired or borrowed vehicles and must include in respect of any liability of FPL Entities. Neither Participant’s failure to provide evidence of minimum insurance coverage following FPL’s request, nor FPL’s decision to not make such request shall release Participant from its obligation to maintain the minimum coverage provided for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are to be performed Must include coverage for Longshoremenin this Section 5.2. At FPL’s and Harbor Workers’ Compensationsole discretion, if applicableFPL believes the insurance coverage described in this section is insufficient to cover potential claims that may arise out of Participant’s work, it can require additional or different insurance as a condition to participating in the Program. Participant agrees to promptly comply with any request from FPL for proof of the required insurance 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 shall produce documentation acceptable to obtain the aforementioned limits Professional Liability FPL within 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 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 Ordersuch request.

Insurance Requirements. The Contractor assumes PROVIDER shall not commence work under this Agreement until it has obtained 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 insurance required under this Section, has furnished LEHIGH with satisfactory proof of insurance as hereinafter provided, and arising from acts or omissions the insurance obtained and the insurance carrier have been approved by LEHIGH, nor shall the PROVIDER allow any SUBPROVIDER to commence work on its subcontract until the insurance required of its employees the SUBPROVIDER by this Agreement has been obtained, LEHIGH has been furnished with satisfactory proof of such insurance and has approved the insurance and the carrier, licensed to do business in Pennsylvania. Lehigh University shall indemnify, defend, save harmless the City of Xxxxx from any penalties be named as “Additional Insured” on all liability insurance policies except 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 applicableProfessional Liability and Director and Officers coverage. Proof of insurance shall be evidenced by duly authenticated certificates of insurance delivered to LEHIGH at the address for Purchasing Services set forth in Section 34 prior to start of operations. These certificates shall show the insurance type, amount, class of operations covered, effective dates, and dates of expiration of policies. Such certificates shall also contain the following statement or its substantial equivalent: "PROVIDER will endeavor to provide thirty (30) days written notice to LEHIGH if the insurance covered by this certificate will be canceled or materially altered.” If, for any reason, LEHIGH considers the certificate unsatisfactory, it may reject the same and demand of the PROVIDER a duly certified copy of the insurance policy involved. In the event that the insurance furnished under this Section terminates, is canceled, or materially modified, LEHIGH may procure like insurance on behalf of the PROVIDER or SUBPROVIDER and charge the premium paid thereof, together with interest, to the account of the PROVIDER or SUBPROVIDER, which PROVIDER agrees to pay on demand. The procuring of insurance required under this Agreement shall not relieve the PROVIDER of any obligation or liability assumed under this Agreement, including specifically the obligations set forth in Section 5, nor of any obligation or liability imposed by operation of law. PROVIDER shall carry the following insurance coverage for Federal Employers’ with companies licensed to do insurance business in the Commonwealth of Pennsylvania and acceptable to LEHIGH: Commercial General Liability Actincluding Contractual Liability and Completed Operations/Products Liability coverage at the minimum limit of $1,000,000. NOTE: Writing, if applicable Editing, Report Writing, and Speaking Services shall require a coverage limit of not less than $250,000. Automobile Liability at $300,000 per occurrence and $1,000,000 aggregate. NOTE: Automobile Liability coverage is required whenever PROVIDER or PROVIDER’S agent drives or anticipates driving on campus or on business related to the performance of Services under this Agreement. Worker’s Compensation 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 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 Orderat Statutory Limits.

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 assumes all risks incident Developer shall take out and maintain or shall cause its contractor to take out and maintain until the issuance of the Release of Construction Covenants pursuant to Section 310 of this Agreement, a commercial general liability policy including contractual liability, in the minimum amount of Million Dollars ($ ,000,000), and an automobile liability policy in the minimum amount of Million Dollars ($ ,000,000), combined single limit, as shall protect the Developer, the City, and the Agency from claims for such damages, and which policies shall be issued by an “A” rated insurance carrier. Such policy or in connection with its purpose policies shall be written on an occurrence form. The Developer shall also furnish or cause to be conducted herein under furnished to the Agency evidence satisfactory to the Agency that the Developer and any contractor with whom it has contracted for the performance of work on the Site or otherwise pursuant to this Agreement carries workers’ compensation insurance as required by law. Prior to and as an Agency Condition Precedent to the Closing, the Developer shall indemnify, defend and save furnish a certificate of insurance countersigned by an authorized agent of the insurance carrier on a form approved by the Agency setting forth the general provisions of the insurance coverage. This countersigned certificate shall name the City and the Agency and their respective officers, agents, and employees as additionally insured parties under the policy, and the certificate shall be accompanied by a duly executed endorsement evidencing such additional insured status. The certificate and endorsement by the insurance carrier shall contain a statement of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out obligation on the part of the Contractor’s operations and arising from acts or omissions of its employees and shall indemnify, defend, save harmless carrier to notify the City of Xxxxx from any penalties for violation and the Agency of any lawmaterial change, ordinance cancellation or regulation affecting termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or having application to said operation termination. Coverage provided hereunder by the Developer shall be primary insurance and not be contributing with any insurance maintained by the Agency or resulting from the carelessnessCity, negligence and the policy shall contain such an endorsement. The insurance policy or improper conduct the endorsement shall contain a waiver 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 subrogation 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 benefit of the City 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 Agency. The City of Xxxxx required certificate shall be furnished with a certificate by the Developer at the time set forth therefor in the Schedule 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 OrderPerformance.

Insurance Requirements. The Contractor assumes all risks incident As a condition precedent to the effectiveness of this Agreement, during the term of this Agreement and during any renewal or in connection extension term of this Agreement, the Contractor, at the Contractor’s sole expense, shall provide insurance of such types and with its purpose to be conducted herein under such terms and shall indemnify, defend limits as noted below. Providing proof of 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 maintaining adequate insurance coverage are material obligations of the Contractor’s operations and arising from acts or omissions of its employees and . The Contractor shall indemnify, defend, save harmless provide the City a certificate of Xxxxx from any penalties insurance evidencing such coverage. The Contractor’s insurance coverage shall be primary insurance for violation all applicable policies. The limits 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, coverage under each policy maintained by the Contractor shall carry Insurances not be interpreted as limiting the Contractor’s liability and obligations under this Agreement. All insurance policies shall be from insurers authorized to write insurance policies in the State of Florida and that possess an A.M. Best rating of A-, VII or better. All insurance policies are subject to approval by the City’s Risk Manager. The coverages, limits, and endorsements required herein protect the interests of the City, and these coverages, limits, and endorsements may not be relied upon by the Contractor for assessing the extent or determining appropriate types and limits of coverage to protect the Contractor against any loss exposure, whether as a result of this Agreement or otherwise. The requirements contained herein, as well as the City’s review or acknowledgement, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under this Agreement. The following amountsinsurance policies and coverages are required: Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: - $1,000,000 Each Occurrence each occurrence and $2,000,000 aggregate for Bodily Injury, Property Damage, and Personal and Advertising Injury - $1,000,000 General Aggregate Must include coverage each occurrence and $2,000,000 aggregate 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 Products and Completed Operations Policy must include coverage for blanket contractual liability for Contractual Liability and Independent Contractors. The City and the obligations assumed under contract Workers’ Compensation Statutory Limits where Services City’s officers, employees, and 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 covered as additional insureds with a certificate CG 20 26 04 13 Additional Insured – Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage with respect to liability arising out of insurance, which activities performed by or on behalf of the Contractor. The coverage shall provide that such insurance shall not be changed or canceled, without ten days prior written notice contain no special limitation on the scope of protection afforded 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 or the City of Xxxxx prior to the issuance of any Work OrderCity’s officers, employees, and volunteers.

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 □ 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 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 e fect 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 o ficers 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 best e forts. 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 o ficers 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 a forded 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 At all risks incident times during the Construction Work, Seller shall maintain, or cause to be maintained the following insurance: (i) workers' compensation insurance as required by applicable laws recognizing that as of this date Seller has no employees so no such coverage shall be maintained; (ii) comprehensive or commercial general liability insurance against claims for personal injury (including bodily injury and death) and property damage, with a reasonably acceptable deductible, with a combined single limit for bodily injury and property damage of at least Two Million Dollars ($2,000,000.00) per occurrence; (iii) if Seller shall have any automobiles, trucks and other motor vehicles utilized in connection with its purpose the Construction Work (whether owned, hired or non-owned), then Seller shall ensure that the general contractor maintain owned, hired and non-owned automobile liability insurance covering use of all automobiles, trucks and other motor vehicles utilized in connection with the Construction Work with a combined single limit for bodily injury and property damage of at least One Million Dollars ($1,000,000.00) per occurrence; (iv) Builder’s Risk (Course of Construction) insurance CM 71 05 07 13 under a “Builder’s Risk Cause of Loss” form in an amount equal to the full replacement cost of the Construction Work, as well as materials and equipment intended for permanent installation at the Property, while such materials and equipment are in transit and while stored off site or worked upon away from the Property; and (v) any other insurance reasonably required by Buyer. Effective as of the Closing, (A) Seller shall cause Tenant, Buyer and any other party reasonably requested by Buyer (each, a "Buyer Party") to be conducted herein under listed on Seller's general liability insurance and automobile liability insurance (and such other insurance as may be required by Buyer) as additional insureds, as their interests may appear; (B) Seller’s insurer(s) providing builder’s risk insurance shall indemnifyname Buyer as a loss payee on the policy; and (C) such insurance shall contain an endorsement expressly waiving any right of subrogation by the insurer against Tenant, defend Buyer and save the City of Xxxxx harmless from damage any Buyer Party. The foregoing insurance shall be primary and any other insurance maintained by Buyer and such additional insureds shall be non-contributing with respect to all claims or injuries of whatever nature or kind to persons or property liabilities arising directly or indirectly out of the Contractor’s operations and arising or resulting from acts or omissions by or on behalf of its employees and the named insured. Each of the insurance policies shall indemnify, defend, save harmless the City of Xxxxx from any penalties for violation of any law, ordinance or regulation affecting or having application be issued by such companies authorized 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 do 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 State of Maryland 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 policy shall not be changed subject to material alteration or canceled, cancellation without ten days prior written thirty (30) days' notice in writing 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 Buyer (unless such an endorsement is not offered by the City insurer, in which case Seller shall provide such notice). Seller shall deliver to Buyer copies of Xxxxx prior the foregoing insurance policies or certificates of insurance upon Buyer's request, and at Closing, Seller shall provide Buyer with evidence of the required additional insureds endorsements. Should any policy of insurance expire or be canceled before the completion of the Construction Work and should Seller fail to immediately replace such insurance in accordance with the foregoing requirements, Buyer reserves the right, but shall not have the obligation, to procure such insurance at Seller's sole cost and expense. Seller shall also allow Buyer to inspect such evidence of insurance as Seller obtains from its Contractors. Seller shall be responsible for paying any deductible required to be paid under any insurance required to be carried pursuant to this Section with respect to the issuance of any Work OrderConstruction Work.

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. The Contractor assumes all risks incident to or Continuously throughout the life of this Agreement, PERMITTEE shall carry and maintain, at PERMITTEE's expense, Commercial General Liability and Property Damage insurance insuring against the following 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 amounts as set forth below: (a) liability for bodily injury or property arising directly damage claimed to have resulted from or indirectly out be in any way connected to PERMITTEE’s operations under this Agreement; and (b) automobile liability insurance, including coverage for scheduled vehicles, hired vehicles and non- owned vehicles against liability for bodily injury or property damage claimed to have resulted from or be in any way connected with PERMITTEE’s operations under this Agreement; and (c) PERMITTEE shall maintain Worker’s Compensation Insurance as required by the laws of the ContractorState of Washington, protecting all of the PERMITTEE’s operations and arising from acts or omissions of its employees and shall indemnifythe PERMITTEE itself if the PERMITTEE works on OWNER’s property: INSURANCE MINIMUM LIMITS General Liability, defend, save harmless the City Contractual and Completed Operations Coverage With Limits 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 Not Less Than $1,000,000 Each per 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 $2,000,000 Products/Completed Operations Aggregate Employers Liability Coverage With Limits of Xxxxx Not Less Than $1,000,000 Automobile Liability Coverage With Limits of Not Less Than Bodily Injury - $1,000,000 per occurrence Property Damage - $1,000,000 per occurrence Or combined Single Limits of $1,000,000 All such policies of insurance shall be furnished with name BTG Pactual PNNW Fund IV Reit, Inc., their subsidiaries and subsidiaries thereof as “Additional Insureds” on a certificate of insuranceprimary and non- contributory basis, which shall provide that such insurance shall not be limited to PERMITTEE’s ongoing operations and shall contain a provision that the same shall not be canceled nor the coverage modified nor the limits changed or canceled, without ten first giving thirty (30) days prior written notice thereof to OWNER. To the City extent permitted by the law of Xxxxxthe State whose laws are applicable to each Addendum issued hereunder, PERMITTEE hereby waives its right of subrogation against the above Additional Insureds, and all such policies shall also include a waiver of subrogation by the insurer in favor of OWNER and each of the Additional Insureds, and shall be written by insurance companies authorized to conduct business in the State wherein the Services are performed and have a Best’s Rating of A VII or better. THE POLICY SHALL LIST THE CITY OF XXXXX AS COAny applicable deductibles or self-INSURED OR ADDITIONAL INSUREDinsured retentions shall be the sole responsibility of PERMITTEE. Certificates of Insurance insurance (in form satisfactory to OWNER) and, if requested by the OWNER, certified copies of all policies and endorsements evidencing coverage required shall be delivered provided to the City of Xxxxx OWNER prior to PERMITTEE commencing any Services hereunder by personal delivery, email or mail, addressed to: BTG Pactual PNNW Fund IV Reit, Inc., their subsidiaries and subsidiaries thereof, ATTN: TTG Forestry Services Inc, 0000 Xxxx Xx Xxxxx 000, Xxxxxxxxx XX 00000. All subcontractors must also meet the issuance same insurance requirements and the PERMITTEE is responsible to ensure that these requirements are met. At OWNER’s request, PERMITTEE will supply OWNER with evidence of any Work Ordersuch compliance.

Insurance Requirements. The Contractor assumes As required by Lender and applicable law, and as may be modified from time to time, Borrower shall: keep the Improvements insured at all risks incident times against any hazards, which insurance shall include coverage against loss by fire and all other perils insured by the “special causes of loss” coverage form, general boiler and machinery coverage, business income coverage, and flood (if any of the Improvements are located in an area identified by the Federal Emergency Management Agency (or any successor) as an area having special flood hazards and to the extent flood insurance is available in that area), and may include sinkhole insurance, mine subsidence insurance, earthquake insurance, terrorism insurance, windstorm insurance and, if the Mortgaged Property does not conform to applicable building, zoning, or land use laws, ordinance and law coverage; maintain at all times commercial general liability insurance, workmen’s compensation insurance, and such other liability, errors and omissions, and fidelity insurance coverage; and maintain builder’s risk and public liability insurance, and other insurance in connection with its purpose to completing the Repairs or Replacements, as applicable. Delivery of Policies, Renewals, Notices, and Proceeds. Borrower shall: cause all insurance policies (including any policies not otherwise required by Lender) which can 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 ownedendorsed with standard non-contributing, non-owned, leased, hired reporting mortgagee clauses making loss payable to Lender (or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are Lender’s assigns) to be performed Must include coverage so endorsed; promptly deliver to Lender a copy of all renewal and other notices received by Borrower with respect to the policies and all receipts for Longshoremen’s paid premiums; deliver evidence, in form and Harbor Workers’ Compensationcontent acceptable to Lender, if applicablethat each required insurance policy under this Article 9 has been renewed not less than fifteen (15) days prior to the applicable expiration date, 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 evidence is other than an original or duplicate original of a renewal policy, which follows form, ) deliver the original or duplicate original of each renewal policy (or such other evidence of insurance as may be used required by or acceptable to obtain Lender) in form and content acceptable to Lender within ninety (90) days after the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City applicable expiration date of Xxxxx shall be furnished with a certificate of insurance, which shall the original insurance policy; provide that such insurance shall not be changed or canceled, without ten days prior immediate 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 insurance company and to the City of Xxxxx prior to the issuance Lender of any Work Orderevent of loss; execute such further evidence of assignment of any insurance proceeds as Lender may require; and provide immediate written notice to Lender of Borrower’s receipt of any insurance proceeds under any insurance policy required by Section 9.2(jjjj)(1) above and, if requested by Lender, deliver to Lender all of such proceeds received by Borrower to be applied by Lender in accordance with this Article 9.

Insurance Requirements. The Contractor assumes Throughout the life of this Agreement, USER shall pay for and maintain in full force and effect all risks incident insurance as required in Exhibit D or as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. However, the insurance limits available to or in connection with CITY, its purpose to officers, officials, employees, agents, and volunteers, as additional insureds, shall 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 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 USER 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, 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 USER of its responsibilities under this Agreement. The fact that insurance is obtained by USER shall not be deemed to release or employeesdiminish the liability of USER, including, without limitation, liability under the indemnity provisions of this Agreement. In this connection, the Contractor The duty to indemnify CITY 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 apply to all ownedclaims 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 USER. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of USER, nonits principals, officers, agents, employees, persons under the supervision of USER, vendors, suppliers, invitees, USERs, sub-ownedUSERs, leasedsubcontractors, hired or borrowed vehicles anyone employed directly or indirectly by any of them. Upon request of CITY, USER shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and must include coverage for blanket contractual liability for correct copy of the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are original policy. This requirement shall survive expiration or termination of this Agreement. If USER should subcontract all or any portion of the services to be performed Must include coverage for Longshoremen’s under this Agreement, USER shall require each subcontractor to provide insurance protection in favor of CITY and Harbor Workers’ Compensationeach of its officers, if applicableofficials, employees, agents and coverage for Federal Employers’ Liability Actvolunteers in accordance with the terms of this section, if except that any required certificates and 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 endorsements shall be furnished on file 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 USER and 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 Orderservices by the subcontractor. If USER should rent the Center, USER shall require each renter to provide insurance protection in favor of CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with USER and CITY two (2) weeks prior to the date(s) of the rental.

Insurance Requirements. The Contractor assumes All insurance and all risks incident to 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 Reports and be licensed to do and doing business in the state in which the Building 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 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 of Insurance All liability insurance (except employers liability) shall name Landlord, Landlord's lender, if any, and Landlord's property manager as additional insureds, shall be delivered to the City of Xxxxx prior to the issuance primary and noncontributing with any insurance which may be carried by Landlord, shall afford coverage for all claims arising out of any Work Orderinsured 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 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 at least ten (10) days before the Commencement Date 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.

Insurance Requirements. The Contractor assumes all risks incident to or in connection All liability insurance policies required herein (with its purpose to be conducted herein under exception of Worker’s Compensation/Employer’s Liability) shall name Landlord, Landlord’s Managing Agent(s) 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 ContractorLandlord’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’ CompensationMortgagee, 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 any other entities Landlord may reasonably request from time to time (collectively the “Additional Insureds”) as Additional Insureds on a primary and non-contributory basis without any privily of contract requirement. A waiver of subrogation shall apply in favor of Landlord and the other Additional Insureds on all insurance required to be carried by Tenant herein. None of the required insurance policies shall contain broad contractual 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 exclusions. Tenant shall be furnished with a certificate solely responsible for its own deductibles and self-insured retentions and shall not look to Landlord for reimbursement or contribution. Neither the minimum insurance requirements set forth in this Lease, nor the limits of such insurance, which shall provide limit the liability of Tenant under this Lease. All insurance companies providing insurance pursuant to this Article 10 shall be rated at least A- VIII in Best’s Key Rating Guide and shall be otherwise reasonably acceptable to Landlord and licensed and qualified to do business in the State of California. Tenant authorizes Landlord to contact Tenant’s insurance company directly in the event that such Landlord elects to make a claim under Tenant’s insurance. Each of Tenant’s insurance shall policies must not be changed cancelable or canceled, without ten modifiable except upon thirty (30) days prior written notice to the City Landlord, with ten (10) day notice of Xxxxxcancellation for non-payment of premium, and any specified mortgagee and ground lessor of Landlord. THE POLICY SHALL LIST THE CITY OF XXXXX AS COThe insurance shall not contain any cross-INSURED OR ADDITIONAL INSUREDliability exclusions or shall contain a severability of interest clause acceptable to Landlord. Certificates Copies of Insurance policies or original certificates of insurance on an Xxxxx form, or its reasonable equivalent, with respect to each policy shall be delivered to the City of Xxxxx Landlord prior to the issuance Commencement Date (or, if there is an Early Possession Date, prior to the Early Possession Date), and thereafter, at least thirty (30) days before the expiration of any Work Ordereach existing policy.

Insurance Requirements. The Contractor assumes As required by Xxxxxx and applicable law, and as may be modified from time to time, Borrower shall: keep the Improvements insured at all risks incident times against any hazards, which insurance shall include coverage against loss by fire and all other perils insured by the “special causes of loss” coverage form, general boiler and machinery coverage, business income coverage, and flood (if any of the Improvements are located in an area identified by the Federal Emergency Management Agency (or any successor) as an area having special flood hazards and to the extent flood insurance is available in that area), and may include sinkhole insurance, mine subsidence insurance, earthquake insurance, terrorism insurance, windstorm insurance and, if the Mortgaged Property does not conform to applicable building, zoning, or land use laws, ordinance and law coverage; maintain at all times commercial general liability insurance, workmen’s compensation insurance, and such other liability, errors and omissions, and fidelity insurance coverage; and maintain builder’s risk and public liability insurance, and other insurance in connection with its purpose to completing the Repairs or Replacements, as applicable. Delivery of Policies, Renewals, Notices, and Proceeds. Borrower shall: cause all insurance policies (including any policies not otherwise required by Lender) which can 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 ownedendorsed with standard non-contributing, non-owned, leased, hired reporting mortgagee clauses making loss payable to Lender (or borrowed vehicles and must include coverage for blanket contractual liability for the obligations assumed under contract Workers’ Compensation Statutory Limits where Services are Xxxxxx’s assigns) to be performed Must include coverage so endorsed; promptly deliver to Lender a copy of all renewal and other notices received by Borrower with respect to the policies and all receipts for Longshoremen’s paid premiums; deliver evidence, in form and Harbor Workers’ Compensationcontent acceptable to Lender, if applicablethat each required insurance policy under this Article 9 has been renewed not less than fifteen (15) days prior to the applicable expiration date, 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 evidence is other than an original or duplicate original of a renewal policy, which follows form, ) deliver the original or duplicate original of each renewal policy (or such other evidence of insurance as may be used required by or acceptable to obtain Lender) in form and content acceptable to Lender within ninety (90) days after the aforementioned limits Professional Liability (if applicable) $1,000,000 Each Claim $2,000,000 General Aggregate The City applicable expiration date of Xxxxx shall be furnished with a certificate of insurance, which shall the original insurance policy; provide that such insurance shall not be changed or canceled, without ten days prior immediate 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 insurance company and to the City of Xxxxx prior to the issuance Lender of any Work Orderevent of loss; execute such further evidence of assignment of any insurance proceeds as Lender may require; and provide immediate written notice to Lender of Xxxxxxxx’s receipt of any insurance proceeds under any insurance policy required by Section 9.02(a)(1) above and, if requested by Xxxxxx, deliver to Lender all of such proceeds received by Borrower to be applied by Xxxxxx in accordance with this Article 9.

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 Comprehensive General Liability Contractor assumes all risks incident to shall procure and keep in force during the duration of this Agreement a policy of Comprehensive General Liability insurance insuring Contractor and naming County as an additional insured against any liability for personal injury, bodily injury, 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 death arising directly or indirectly out of the performance of services hereunder and against liability for property damage with a combined single limit of at least $1,000,000. The limits of said insurance shall not, however, be a limit to the liability of Contractor hereunder. • Professional Liability Contractor shall procure and keep in force during the duration of this Agreement a policy of Professional Liability insurance insuring Contractor for a minimum of one million dollars ($1,000,000) each occurrence and one million dollars ($1,000,000) aggregate. • Employer’s Liability Contractor shall procure and keep in force during the duration of this Agreement a policy of Employer’s Liability insurance insuring the Contractor and Contractor’s operations employees at a minimum amount of five hundred thousand dollars ($100,000) each accident, five hundred thousand ($100,000) each disease. • Terms of Insurance Insurance required shall be with companies qualified to do business in the State of Colorado with a general policyholder’s financial rating of not less than “A” as set forth in the most current edition of “Best’s Insurance Reports” and arising from acts may provide for deductible amounts as Contractor may deem to be reasonable for the Services, but in no event greater than $10,000. No such policies shall be cancelable except after thirty (30) days prior written notice to County. Contractor shall not do nor permit to be done anything that shall invalidate the insurance policies referred to in this section and Contractor shall immediately advise County in writing if a reduction in coverage or omissions other modification of insurance coverage occurs. • The policies described above shall be for the mutual and joint benefit and protection of Contractor and County. Such policies shall contain a provision that County, although named as an additional insured, shall nevertheless be entitled to recovery under such policy for any loss occasioned to it, its servants, agents, citizens, and employees by reason of negligence of Contractor. • Other Insurance Contractor shall procure and shall indemnify, defend, save harmless keep in force during the City term of Xxxxx from any penalties for violation of this Agreement workers’ compensation and such other insurance as may be required by any law, ordinance or regulation affecting or having application governmental regulation. • Copies of Certificates Prior to said operation or resulting from commencement of work, Contractor shall furnish to County certificates of insurance policies evidencing the carelessness, negligence or improper conduct required coverages. • Variations County reserves the right to approve variations in the above requirements upon request of Contractor or any of its agents or employees. In this connectionif, 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 ownedCounty’s opinion, 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 Longshoremensuch variations do not substantially affect County’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 Orderinterests.

Insurance Requirements. The Prior to the commencement of the construction of Tenant’s Work (or any part thereof), Landlord shall receive from Tenant certificates of insurance with endorsements from Tenant’s General Contractor assumes all risks incident to or in connection with its purpose and each of Tenant’s Construction Agents, evidencing commercial general liability, automobile liability and workers’ compensation (to be conducted herein carried by Tenant’s General Contractor and each of Tenant’s Construction Agents) in an amount and with coverage reasonably acceptable to Landlord, but in no event less than [***]. Each policy issued pursuant to this Work Letter shall name Landlord and all its allied entities and, at Landlord’s request, any other Landlord Party or Lender, as an additional insured with respect to the named insured’s work. All insurance shall be written as primary policies and any insurance carried by Landlord and all its allied entities shall be excess and non-contributory. Copies of all policies or certificates of insurance with the additional insured endorsement for the named insured’s work (CG2010 1185 or its equivalent complies with this request; provided, however, that any form of insurance that limits coverage to “ongoing operations” or otherwise does not grant additional insured status under and the products/completed operations coverage shall indemnify, defend and save not be deemed the City of Xxxxx harmless from damage or injuries of whatever nature or kind to persons or property arising directly or indirectly out equivalent of the Contractor’s operations 2010 11/5 endorsement) and arising from acts or omissions proof 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 ownedprimary, non-owned, leased, hired or borrowed vehicles and must include contributory 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 Landlord by Tenant at least three (3) days prior to the issuance commencement of any alterations, modifications or improvements hereunder (as depicted on Schedule 2 of this Work Order.Letter attached hereto and made a part hereof). [***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Exhibit D, Page 6