Common use of Liability and Worker’s Compensation Insurance Clause in Contracts

Liability and Worker’s Compensation Insurance. Some or all of the Companies are insured parties under current general liability, products liability, auto liability, employers' liability and workers' compensation insurance policies of Seller or its Affiliates other than a Company (a "Seller Insured Entity") as set forth on Schedule 5.12(a), which provide coverage on an "occurrence" basis during the applicable policy period (the "Current Insurance"). As between Seller Insured Entity and a Company, Seller Insured Entity shall be responsible and liable for all claims associated with occurrences prior to the Closing of a category or type subject to coverage under the Current Insurance but only to the extent, it (or a third party on its behalf) actually receives insurance proceeds or protection relating thereto (a "Covered Claim"). To the extent such Covered Claim is subject to a deductible or self-insured retention, or the liability exceeds the proceeds received, or such insurance proceeds are not otherwise available, the applicable Company shall be responsible and liable for said amount and shall reimburse Seller Insured Entity within thirty (30) days of receipt of a request for reimbursement, with interest accruing at the rate of 10% per annum for payments not received within such thirty (30) day period. In the event Seller determines to enter into a "buy-out agreement" with an insurance carrier pursuant to which Seller pays consideration to eliminate the deductible or self-insured retention with respect to all or a portion of a particular policy period, then Seller shall notify Buyer of its intention to enter into such transaction and the terms thereof. Buyer shall have thirty (30) days from the receipt of such notice to elect to participate in such transaction by irrevocably agreeing to pay its portion of the consideration paid by Seller. If Buyer elects not to so participate, it will continue to be charged pursuant to this Section 5.12(a) as though such buy- out transaction had not occurred.

Liability and Worker’s Compensation Insurance. Some or all Tenant shall, at Tenant's expense, obtain and keep in force during the Term of this Lease a policy of worker's compensation insurance and a policy of comprehensive public liability insurance insuring Landlord and Tenant, with cross-liability endorsements, against any liability arising out of the Companies are insured parties under current general liabilityTenant's, products liabilityits employees, auto liabilityagents and contractors use or occupancy of the Premises and all areas appurtenant thereto, employers' including parking areas. Such public liability and workers' compensation insurance policies of Seller or its Affiliates other than a Company (a "Seller Insured Entity") as set forth on Schedule 5.12(a), which provide coverage on an "occurrence" basis during the applicable policy period (the "Current Insurance"). As between Seller Insured Entity and a Company, Seller Insured Entity shall be responsible in an amount satisfactory to Landlord of not less than $10,000,000 combined single limit for bodily injury or death as a result of any one occurrence, and liable $10,000,000 for all claims associated damage to property as a result of any one occurrence. The insurance shall be with occurrences companies admitted to do business in the State of California and companies of Best's Rating Guide of A+9 or better. Such policies shall be written as a primary policy, not contributing with and not in excess of coverage which Landlord may carry. During the Term of this Lease, liability limits shall be increased from time to time, as reasonably determined by Landlord. Tenant shall deliver to Landlord, prior to taking possession of the Closing Premises, a certificate of a category insurance evidencing the existence of the policy required hereunder, and such certificate shall certify that the policy (i) names Landlord as an additional insured; (ii) shall not be canceled or type subject to coverage under the Current Insurance but only to the extent, it (or a third party on its behalf) actually receives insurance proceeds or protection relating thereto (a "Covered Claim"). To the extent such Covered Claim is subject to a deductible or self-insured retention, or the liability exceeds the proceeds received, or such insurance proceeds are not otherwise available, the applicable Company shall be responsible and liable for said amount and shall reimburse Seller Insured Entity within altered without thirty (30) days of receipt of a request for reimbursement, with interest accruing prior written notice to Landlord; and (iii) the coverage is primary and any coverage carried or obtained by Landlord is in excess thereto. Tenant shall furnish renewal certificates at the rate of 10% per annum for payments not received within such thirty (30) day period. In the event Seller determines to enter into a "buy-out agreement" with an insurance carrier pursuant to which Seller pays consideration to eliminate the deductible or self-insured retention with respect to all or a portion of a particular policy period, then Seller shall notify Buyer of its intention to enter into such transaction and the terms thereof. Buyer shall have least thirty (30) days from prior to the receipt expiration date of any such notice to elect to participate policy. Landlord may at its election, maintain in such transaction effect its own policy of public liability and property damage insurance insuring against any liability (including bodily injury or property damage) arising on or about the Complex with policy limits determined by irrevocably agreeing to pay Landlord in its portion of the consideration paid by Sellersole discretion. If Buyer elects not to so participate, it will continue to Such insurance costs and deductibles shall be charged pursuant to this Section 5.12(a) as though such buy- out transaction had not occurredincluded in Operating Expenses described in Paragraph 3 above.

Liability and Worker’s Compensation Insurance. Some (i) Tenant at all times during the Lease Term shall, at its own expense, keep in full force and effect commercial general liability insurance against bodily injury, including death resulting therefrom, and property damage to the combined single limit of $1,000,000 to one or more than one person as the result of any one accident or occurrence. Landlord shall be named an additional insured on said policy. Additionally, Tenant at all times during the Lease Term shall, at its own expense, keep in full force and effect worker's compensation insurance, with Coverage A to the statutory limit and Coverage B to the limit of $500,000 per occurrence. Tenant hereby waives its right of recovery of any amounts paid by Tenant or on Tenant's behalf to satisfy applicable worker's compensation laws. The policies or duly executed certificates for the same, together with satisfactory evidence of the Companies are insured parties under current general liabilitypayment of the premiums therefor, products liability, auto liability, employers' liability and workers' compensation insurance policies of Seller or its Affiliates other than a Company (a "Seller Insured Entity") as set forth on Schedule 5.12(a), which provide coverage on an "occurrence" basis during the applicable policy period (the "Current Insurance"). As between Seller Insured Entity and a Company, Seller Insured Entity shall be responsible deposited with Landlord on the date Tenant first occupies the Premises and liable for all claims associated with occurrences prior to the Closing upon renewals of a category or type subject to coverage under the Current Insurance but only to the extent, it (or a third party on its behalf) actually receives insurance proceeds or protection relating thereto (a "Covered Claim"). To the extent such Covered Claim is subject to a deductible or self-insured retention, or the liability exceeds the proceeds received, or such insurance proceeds are policies not otherwise available, the applicable Company shall be responsible and liable for said amount and shall reimburse Seller Insured Entity within less than thirty (30) days prior to the expiration of receipt the term of such coverage. (ii) Any failure of Tenant to obtain and maintain the insurance coverages required herein shall constitute a request breach hereof and Tenant shall be solely responsible for reimbursementany loss suffered as a result of such deficiency in coverage. It is expressly understood and agreed that the coverages required represent Landlord's minimum requirements and such are not to be construed to void or limit Tenant's indemnity obligations contained in this Lease. Neither shall (A) the insolvency, with interest accruing at bankruptcy or failure of any insurance company carrying insurance of Tenant, (B) the rate failure of 10% per annum any insurance company to pay claims occurring nor (C) any exclusion from or insufficiency of coverage be held to affect, negate or waive any of the provisions of this Lease. With respect to insurance coverages, except worker's compensation, maintained hereunder by Tenant and insurance coverage separately obtained by Landlord, all insurance coverages afforded by policies of insurance maintained by Tenant shall be primary insurance as such coverages apply to Landlord, and such insurance coverages separately maintained by Landlord shall be excess. The amount of liability insurance under insurance policies maintained by Tenant shall not be reduced by the existence of insurance coverage under policies separately maintained by Landlord. Neither Tenant nor its insurers shall be entitled to receive any contribution from any insurance policies separately maintained by Landlord. Tenant shall be solely responsible for payments not received within such thirty (30) day period. In the event Seller determines to enter into a "buy-out agreement" with an insurance carrier pursuant to which Seller pays consideration to eliminate the any premiums, deductible or assumptions, retentions, self-insured retention with respect to all insurance premiums, audits, retrospective adjustments or a portion any other kind of a particular policy period, then Seller shall notify Buyer of payment due under its intention to enter into such transaction and the terms thereof. Buyer shall have thirty policies. (30iii) days from the receipt of such notice to elect to participate in such transaction by irrevocably agreeing to pay its portion Tenant's occupancy of the consideration paid by SellerPremises without delivering the certificates of insurance shall not constitute a waiver of Tenant's obligations to provide the required coverages. If Buyer elects Tenant provides to Landlord a certificate that does not evidence the coverages required herein, or that is faulty in any respect, such shall not constitute a waiver of Tenant's obligations to so participate, it will continue to be charged pursuant to this Section 5.12(a) as though such buy- out transaction had not occurredprovide the proper insurance.

Liability and Worker’s Compensation Insurance. Some or all of Commencing not later than the Companies are insured parties under current general liability, products liability, auto liability, employers' liability and workers' compensation insurance policies of Seller date on which Tenant or its Affiliates contractors, agents or employees are given access to the Property to perform fixturing or other than a Company (a "Seller Insured Entity") as set forth on Schedule 5.12(a), which provide coverage on an "occurrence" basis during the applicable policy period activities (the "Current InsuranceDELIVERY DATE"), and continuing throughout the term of this Lease, Tenant shall continuously maintain at its expense commercial general liability insurance applying to the use, occupancy and business operated (including products sold and services rendered) by Tenant, or any other occupant of the Property. As between Seller Insured Entity Such insurance shall include broad form contractual liability insurance coverage insuring all of Tenant's indemnity obligations under this Lease. The commercial general liability coverage shall have a minimum combined single limit of liability per occurrence of at least One Million Dollars ($1,000,000) per occurrence and a Company, Seller Insured Entity general aggregate limit of at least Two Million Dollars ($2,000,000) per location and with umbrella liability excess liability insurance with limits of not less than Five Million Dollars ($5,000,000) PER LOCATION. Such minimum required limits and scope of coverage may be increased from time to time by Landlord based upon industry standards for comparable business operations. All such policies shall be responsible written to apply to all bodily injury, property damage, personal injury and liable other covered loss, however occasioned, shall be endorsed to name Landlord as an additional insured, and shall provide that such coverage shall be primary and that any insurance maintained by Landlord shall be excess and non-contributing insurance. Such insurance shall also include coverage for: (a) hired and non-owned automobile liability; (b) products liability; and (c) excess Employer's liability insurance (if necessary). All such insurance shall: (i) provide for severability of interest; (ii) provide that an act or omission of one of the named or additional insureds (excluding deliberate or intentional acts that are not covered under a general liability policy) shall not reduce or void coverage to the other named or additional insureds; and (iii) afford coverage for all claims associated with occurrences prior to the Closing of a category based on acts, omissions, injury and damage, which occurred or type subject to coverage under the Current Insurance but only to the extent, it arose (or a third party on its behalfthe onset of which occurred or arose) actually receives in whole or in part during the term of this Lease. FMI FORM 201 (Jan 1992 - REVISED 4/96) RETAIL LEASE AGREEMENT March 22, 1999 Tenant shall also maintain Worker's Compensation insurance proceeds or protection relating thereto (a "Covered Claim"). To in accordance with the extent such Covered Claim is subject to a deductible or self-insured retention, or the liability exceeds the proceeds received, or such insurance proceeds are not otherwise available, the applicable Company shall be responsible and liable for said amount and shall reimburse Seller Insured Entity within thirty (30) days of receipt of a request for reimbursement, with interest accruing at the rate of 10% per annum for payments not received within such thirty (30) day period. In the event Seller determines to enter into a "buy-out agreement" with an insurance carrier pursuant to which Seller pays consideration to eliminate the deductible or self-insured retention with respect to all or a portion of a particular policy period, then Seller shall notify Buyer of its intention to enter into such transaction and the terms thereof. Buyer shall have thirty (30) days from the receipt of such notice to elect to participate in such transaction by irrevocably agreeing to pay its portion law of the consideration paid by Seller. If Buyer elects state in which the Property is located, and Employer's liability insurance (or "Stop Gap" insurance, if the Property is within the State of Washington) with a limit of not to so participate, it will continue to be charged pursuant to this Section 5.12(a) as though such buy- out transaction had not occurredless than $1,000,000 each accident.

Liability and Worker’s Compensation Insurance. Some or all Each party shall procure and maintain, until the work covered by this Agreement has been completed, insurance for liability for damages imposed by law of the Companies are insured parties kinds and the amounts hereinafter provided, with insurance companies authorized to do such business in the State of New York covering all work under current general liabilitythis Agreement and in connection with the Project. Each party shall furnish to the other a certificate or certificates of insurance in form satisfactory to the other, products liability, auto liability, employers' liability and workers' compensation insurance policies of Seller or its Affiliates other than a Company (a "Seller Insured Entity") as set forth on Schedule 5.12(a)showing that each party has complied with this paragraph, which certificate or certificates shall provide coverage on an "occurrence" basis during that the applicable policy period (the "Current Insurance"). As between Seller Insured Entity and a Company, Seller Insured Entity shall not be responsible and liable for all claims associated with occurrences prior to the Closing of a category changed or type subject to coverage under the Current Insurance but only to the extent, it (or a third party on its behalf) actually receives insurance proceeds or protection relating thereto (a "Covered Claim"). To the extent such Covered Claim is subject to a deductible or self-insured retention, or the liability exceeds the proceeds received, or such insurance proceeds are not otherwise available, the applicable Company shall be responsible and liable for said amount and shall reimburse Seller Insured Entity within cancelled until thirty (30) days written notice has been given to the other party. Such certificate or certificates shall be provided before the commencement of receipt work under this Agreement. The kinds and amounts of insurance are as follows: A. Liability and property damage insurance policies. Each with limits of or not less than: Single limit of $1,000,000 combined bodily injury liability and/or property damage liability for each occurrence with a request $2,000,000 aggregate limit per annual policy period in the types specified, viz: a. Contractor’s liability insurance issued to and covering liability for reimbursementdamages imposed by law upon FGLK or the CITY, with interest accruing at as the rate of 10% per annum for payments not received within such thirty (30) day period. In the event Seller determines to enter into a "buy-out agreement" with an insurance carrier pursuant to which Seller pays consideration to eliminate the deductible or self-insured retention case may be, with respect to all work performed by that party under this Agreement or in connection with the Project, with endorsement providing coverage for damages arising out of the Project for property owned by FGLK or in its care, custody and control; b. Contractor’s liability insurance issued to and covering liability for damages imposed by law upon each contractor of FGLK or the CITY with respect to all work performed by said contractor under this Agreement or in connection with the Project; c. Protective liability insurance issued to and covering liability for damages imposed by law upon FGLK with respect to all work performed by the CITY or by its contractors on the Project; d. Railroad liability issued to and covering liability for damages imposed by law upon the CITY with respect to all work performed under this Agreement by FGLK, or by its contractors, $1,000,000 each occurrence/$2,000,000 aggregate, City of Auburn named as additional insured; e. In lieu of providing insurance coverage stated herein, each party may provide the other with a portion certificate evidencing that it maintains a self-insurance program to meet the requirements herein. Each party shall name the other as additional insured thereon. B. In case FGLK shall make agreements for any part of a particular policy periodthe work covered by this Agreement, then Seller it is hereby agreed that said subcontractor at no cost to CITY or FGLK, shall notify Buyer procure and maintain, until the work covered by this Agreement has been completed, compensation insurance for the benefits of its intention employees engaged therein, as are required to enter into such transaction and be insured by the terms thereof. Buyer shall have thirty (30) days from the receipt of such notice to elect to participate in such transaction by irrevocably agreeing to pay its portion provisions of the consideration paid by Seller. If Buyer elects not to so participate, it will continue to be charged pursuant to this Section 5.12(a) as though such buy- out transaction had not occurredWorker’s Compensation Law of the State of New York.