Common use of Owner Insurance Coverage Clause in Contracts

Owner Insurance Coverage. Owner shall secure and maintain during ------------------------ the term of this Agreement the following insurance: (a) Worker's Compensation, subject to statutory limits. (b) Employer's Liability, with limits as follows: (i) Bodily Injury by Accident - $1,000,000 per accident; (ii) Bodily Injury by Disease - $1,000,000 policy limit; and (iii) Bodily Injury by Disease - $1,000,000 per each employee. (c) Commercial General Liability Insurance covering legal liability of the insured for damage to property of third parties or bodily injury to third parties arising out of the ownership, operation and maintenance of the Facility, in an amount equal to One Million and 00/100 Dollars ($1,000,000.00) per occurrence, "combined single limit" property damage/bodily injury coverage. Such insurance policy shall be endorsed naming Lender as an Additional Insured and Operator as an Additional Insured in connection with claims arising out of or relating in any way to Operator's presence on the Site or for the Work to be performed pursuant to this Agreement only, and shall include Premises/Operations, Explosion, Collapse and Underground Hazards, Broad Form Contractual, Independent Contractors, Products/Completed Operations, Broad Form Property Damage, Personal Injury, Cross Liability (Insured vs. Insured) and a Broad Form Named Insured endorsement; provided, however, if a claim is made under such insurance and the claim is not based upon the negligence or willful misconduct of Operator, then Operator acknowledges it shall have no right TO any recovery with respect to such claim and, in furtherance thereof, Operator shall execute and deliver to Owner the appropriate waiver forms necessary for a check to be issued by the insurer solely in the name of Owner. (d) Excess (or Umbrella) Liability insurance providing total or excess limits for, and following the form of, the policies referred to in Section 10.2 (b) and (e) so as to bring the total of each up to Twenty-Five Million and 00/100 Dollars ($25,000,000.00) per occurrence, and in the annual aggregate where applicable. Such insurance policy shall be endorsed naming Lender as an Additional Insured and Operator as an Additional Insured in connection with claims arising out of or relating in any way to Operator's presence on the Site or for the Work to be performed pursuant to this Agreement only; provided, however, if a claim is made under such insurance and the claim is not based upon the negligence or willful misconduct of Operator, then Operator acknowledges it shall have no right to any recovery with respect to such claim and, in furtherance thereof, Operator shall execute and deliver to Owner the appropriate waiver forms necessary for a check to be issued by the insurer solely in the name of Owner.

Owner Insurance Coverage. In respect to the Facilities and the Owner, the Owner shall be responsible for any deductible, and shall secure and maintain during ------------------------ the term insurance coverage, with carriers who have a Best rating of this Agreement the following insurancenot less that A- and a financial size category of “VII” or such other carriers as Provider shall Approve (such Approval not to be unreasonably withheld) and such coverage shall be as follows: (a) Worker's Compensation, subject to statutory limits.Workers’ Compensation covering all of Owner’s employees; (b) Employer's ’s Liability, covering all of Owner’s employees with limits as follows: (i) Bodily Injury by Accident - a minimum limit per occurrence of $1,000,000 per accident; (ii) Bodily Injury by Disease - $1,000,000 policy limit; and (iii) Bodily Injury by Disease - $1,000,000 per each employee.1,000,000; (c) Commercial General Liability Insurance covering legal liability of the insured for damage to property of third parties or bodily injury to third parties arising out of the ownership, operation and maintenance of the Facility, in an amount equal to One Million and 00/100 Dollars ($1,000,000.00) per occurrence, "combined single limit" property damage/bodily injury coverage. Such insurance policy Owner shall be endorsed naming Lender as an Additional Insured solely responsible for risk of loss to first party property owned by Owner, including but not limited to transit and Operator as an Additional Insured in connection with claims arising out of marine transit, machinery breakdown and all resultant damage including business interruption. Provider is hereby released from any responsibility for any underinsured or relating in any way to Operator's presence on the Site or for the Work to be performed pursuant to this Agreement only, and shall include Premises/Operations, Explosion, Collapse and Underground Hazards, Broad Form Contractual, Independent Contractors, Products/Completed Operations, Broad Form Property Damage, Personal Injury, Cross Liability (Insured vs. Insured) and a Broad Form Named Insured endorsement; provided, however, if a claim is made under such insurance and the claim is not based upon the negligence or willful misconduct of Operator, then Operator acknowledges it shall have no right TO any recovery with respect to such claim and, in furtherance thereof, Operator shall execute and deliver to Owner the appropriate waiver forms necessary for a check to be issued by the insurer solely in the name of Owner.uninsured loss including deductibles; (d) Commercial General Liability and Excess Liability combined, in a minimum amount of $21,000,000 per occurrence and in the annual aggregate or other amount that is commercially reasonably available and acceptable to Provider, whose agreement shall not be unreasonably withheld, delayed or conditioned; and (or Umbrellae) Liability Environmental insurance providing total or excess coverage against sudden and accidental pollution, with limits forof not less than $5,000,000. Such policy shall name Olympus Stronghold Services, LLC and following its affiliates as an additional insured with waiver of subrogation granted. It is intended that Owner will provide through its insurance for all claims relating to the form of, physical damage of the policies referred Facilities and environmental liability arising from operation of the Facilities and that Provider shall not be required to in Section 10.2 carry any such insurance with respect to events covered under Owner’s insurance with respect to coverage under sections (bc) and (e) so as to bring the total of each up to Twenty-Five Million and 00/100 Dollars ($25,000,000.00) per occurrence, and in the annual aggregate where applicable. Such insurance policy shall be endorsed naming Lender as an Additional Insured and Operator as an Additional Insured in connection with claims arising out of or relating in any way to Operator's presence on the Site or for the Work to be performed pursuant to this Agreement only; provided, however, if a claim is made under such insurance and the claim is not based upon the negligence or willful misconduct of Operator, then Operator acknowledges it shall have no right to any recovery with respect to such claim and, in furtherance thereof, Operator shall execute and deliver to Owner the appropriate waiver forms necessary for a check to be issued by the insurer solely in the name of Ownerabove.

Owner Insurance Coverage. Owner shall secure and maintain during ------------------------ the term of this Agreement the following insurance: (a) Worker's Compensation, subject to statutory limits. (b) Employer's Liability, with limits as follows: (i) Bodily Injury by Accident - $1,000,000 Accident-$1,000,000 per accident; ; (ii) Bodily Injury by Disease - $1,000,000 Disease-$1,000,000 policy limit; and and (iii) Bodily Injury by Disease - $1,000,000 Disease-$1,000,000 per each employee. (c) Commercial General Liability Insurance covering legal liability of the insured for damage to property of third parties or bodily injury to third parties arising out of the ownership, operation and maintenance of the Facility, in an amount equal to One one Million and 00/100 Dollars ($1,000,000.00) per occurrence, "combined single limit" property damage/bodily injury coverage. Such insurance policy shall be endorsed naming Lender as an Additional Insured and Operator as an Additional Insured in connection with claims arising out of or relating in any way to Operator's presence on the Site or for the Work to be performed pursuant Performed Pursuant to this Agreement only, and shall include Premises/Operations, Explosion, Collapse and Underground Hazards, Broad Form Contractual, Independent Contractors, Products/Completed Operations, Broad Form Property Damage, Personal Injury, Cross Liability (Insured vs. Insured) and a Broad Form Named Insured endorsement; provided, however, if a claim is made under such insurance and the claim is not based upon the negligence or willful misconduct of Operator, then Operator acknowledges it shall have no right TO to any recovery with respect to such claim and, in furtherance thereof, Operator shall execute and deliver to Owner the appropriate waiver forms necessary for a check to be issued by the insurer solely in the name of Owner. (d) Excess (or Umbrella) Liability insurance providing total or excess limits for, and following the form of, the policies referred to in Section 10.2 (b) and (ec) so as to bring the total of each up to Twenty-Five Million and 00/100 Dollars ($25,000,000.00) per occurrence, and in the annual aggregate where applicable. Such insurance policy shall be endorsed naming Lender as an Additional Insured and Operator as an Additional Insured in connection with claims arising out of or relating in any way to Operator's presence on the Site or for the Work to be performed pursuant to this Agreement only; provided, however, if a claim is made under such insurance and the claim is not based upon the negligence or willful misconduct of Operator, then Operator acknowledges it shall have no right to any recovery with respect to such claim and, in furtherance thereof, Operator shall execute and deliver to Owner the appropriate waiver forms necessary for a check to be issued by the insurer solely in the name of Owner.

Owner Insurance Coverage. Owner shall secure and maintain during ------------------------ the term of this Agreement the following insurance: (a) Worker's Compensation, subject to statutory limits. (b) Employer's Liability, with limits as follows: (i) Bodily Injury by Accident - $1,000,000 per accident; ; (ii) Bodily Injury by Disease - $1,000,000 policy limit; and and (iii) Bodily Injury by Disease - $1,000,000 per each employee. (c) Commercial General Liability Insurance covering legal liability of the insured for damage to property of third parties or bodily injury to third parties arising out of the ownership, operation and maintenance of the Facility, in an amount equal to One Million and 00/100 Dollars ($1,000,000.00) per occurrence, "combined single limit" property damage/bodily injury coverage. Such insurance policy shall be endorsed naming Lender as an Additional Insured and Operator as an Additional Insured in connection with claims arising out of or relating in any way to Operator's presence on the Site or for the Work to be performed pursuant to this Agreement only, and shall include Premises/Operations, Explosion, Collapse and Underground Hazards, Broad Form Contractual, Independent Contractors, Products/Completed Operations, Broad Form Property Damage, Personal Injury, Cross Liability (Insured vs. Insured) 36 and a Broad Form Named Insured endorsement; provided, however, if a claim is made under such insurance and the claim is not based upon the negligence or willful misconduct of Operator, then Operator acknowledges it shall have no right TO to any recovery with respect to such claim and, in furtherance thereof, Operator shall execute and deliver to Owner the appropriate waiver forms necessary for a check to be issued by the insurer solely in the name of Owner. (d) Excess (or Umbrella) Liability insurance providing total or excess limits for, and following the form of, the policies referred to in Section 10.2 (b10.2(b) and (ec) so as to bring the total of each up to Twenty-Five five Million and 00/100 Dollars ($25,000,000.00) per occurrence, and in the annual aggregate where applicable. Such insurance policy shall be endorsed naming Lender as an Additional Insured and Operator as an Additional Insured in connection with claims arising out of or relating in any way to Operator's presence on the Site or for the Work to be performed pursuant to this Agreement only; provided, however, if a claim is made under such insurance and the claim is not based upon the negligence or willful misconduct of Operator, then Operator acknowledges it shall have no right to any recovery with respect to such claim and, in furtherance thereof, ; Operator shall execute and deliver to Owner the appropriate waiver forms necessary for a check to be issued by the insurer solely in the name of Owner. (e) Property Insurance on an "All Risk" basis covering physical damage or loss to all real and personal property of Owner located at the Site and to off-premises electrical, gas, and steam transmission lines and facilities, and other equipment for which Owner has an insurable interest and in an amount not less than one hundred percent (100%) of the full replacement value of such property. Such coverage shall meet all requirements for property insurance set forth in the Related Agreements and shall name Lender as an Additional Named Insured. (f) Boiler and Machinery Insurance on the Facility for all insurable objects, including but not limited to pressure vessels, turbines and equipment, electrical generators, motors, air tanks, boilers, machinery, pressure piping or similar apparatus, on a comprehensive form in an amount not less than one hundred percent (100%) of the full replacement value of such property. Such insurance policy shall cover objects at all locations required to be insured under Section 10.2(e) above and shall name Lender and Operator as Additional Insureds. Owner shall have the right at any time, and from time to time, at Owner's sole option, to combine the Property Insurance and the Boiler and Machinery Insurance into a single policy. Owner shall be relieved of the obligation to renew the business interruption coverage under said Property Insurance and Boiler and Machinery Insurance in the event such business interruption coverage cannot be purchased at commercially reasonable rates. (g) Pollution Legal Liability Insurance for both gradual and sudden and accidental pollution, with limits in accordance with applicable New Jersey statutory requirements. Owner shall cause Operator to be named as a Named Insured on the policy. In the event that Owner is unable to obtain such coverage at reasonable rates, Owner may, at its sole option, demonstrate financial responsibility by any method permitted by applicable New Jersey statute. If Owner elects the above option, Owner shall so advise Operator thirty (30) days prior to the inception date of such change. 37

Owner Insurance Coverage. Owner shall secure and maintain during ------------------------ the term of this Agreement the following insurance: (a) Worker's Compensation, subject to statutory limits. (b) Employer's Liability, with limits as follows: (i) Bodily Injury by Accident - $1,000,000 per accident; (ii) Bodily Injury by Disease - $1,000,000 policy limit; and (iii) Bodily Injury by Disease - $1,000,000 per each employee. (c) Commercial General Liability liability Insurance covering legal liability of the insured for damage to property of third parties or bodily injury to third parties arising out of the ownership, operation and maintenance of the Facility, in an amount equal to One Million and 00/100 Dollars ($1,000,000.00) per occurrence, "combined single limit" property damage/bodily injury coverage. Such insurance policy shall be endorsed naming Lender as an Additional Insured and Operator as an Additional Insured in connection with claims claim arising out of or relating in any way to Operator's presence on the Site or for the Work to be performed pursuant to this Agreement only, and shall include Premises/Operations, Explosion, Collapse and Underground Hazards, Broad Form Contractual, . Independent Contractors, Products/Completed Operations, Broad Form Property Damage, Personal Injury, Cross Liability (Insured vs. Insured) and a Broad Form Named Insured endorsement; provided, however, if a claim is made under such insurance and the claim is not based upon the negligence or willful misconduct of Operator, then Operator acknowledges it shall have no right TO to any recovery with respect to such claim and, in furtherance thereof, Operator shall execute and deliver to Owner the appropriate waiver forms necessary for a check to be issued by the insurer solely in the name of Owner. (d) Excess (or Umbrella) Or Umbrella Liability insurance providing total or excess limits for, and following the form of, the policies referred to in Section 10.2 (b) and (ec) so as to bring the total of each up to Twenty-Five Million and 00/100 Dollars ($25,000,000.00) per occurrence, and in the annual aggregate where applicable. Such insurance policy shall be endorsed naming Lender as an Additional Insured and Operator as an Additional Insured in connection with claims arising out of or relating in any way to Operator's presence on the Site or for the Work to be performed pursuant to this Agreement only; provided, however, if a claim is made under such insurance and the claim is not based upon the negligence or willful misconduct of Operator, then Operator operator acknowledges it shall have no right to any recovery with respect to such claim and, in furtherance thereof, Operator shall execute and deliver to Owner the appropriate waiver forms necessary for a check to be issued by the insurer solely in the name of Owner. (e) Property Insurance on an "All Risk basis covering physical damage or loss to all real and personal property of Owner located at the Site and to off- premises, electrical, gas, and steam transmission lines and facilities, and other equipment for which Owner has an insurable interest and in an amount not less than one hundred percent (100%) of the full replacement value of such property. Such coverage shall meet all requirements for property insurance set forth in the Related Agreements, shall name Lender as an Additional Named Insured and shall name Operator as an Additional Insured. (f) Boiler and Machinery Insurance on the Facility for all insurable objects, including but not limited to pressure vessels, turbines and equipment, electrical generators, motors, air tanks, boilers, machinery, pressure piping or similar apparatus, on a comprehensive form in an amount not less than one hundred percent (100%) of the full replacement value of such property. Such insurance policy shall cover objects at all locations required to be insured under Section 10.2(e) above and shall name Lender and Operator as Additional Insureds. Owner shall have the right at any time, and from time to time, at Owner's sole option, to combine the Property Insurance and the Boiler and Machinery Insurance into a single policy. Owner shall be relieved of the obligation to renew the business interruption coverage under said Property Insurance and Boiler and Machinery Insurance in the event such business interruption coverage cannot be purchased at commercially reasonable rates.