Common use of Property and Business Interruption Insurance Clause in Contracts

Property and Business Interruption Insurance. “All-Risk” property form, as such term is used in the insurance industry, including coverage for the perils of flood, earthquake, hail, lightning, strike, riot and civil commotion, vandalism and malicious mischief. Such policy shall insure all real and personal property of the Borrower whether at a fixed (including non-owned location for off-Site repair or refurbishment), off-Site storage or a warehouse location or while in the course of inland or ocean transit (as the case may be), for an amount of not less than the greater of (a) $35,000,000 and (b) 10% of the current aggregate replacement cost of the Project. The policy shall provide cover in accordance with this Schedule 3.22 for each System from the time no later than the time of delivery to the Borrower in accordance with the terms of the PUMA or such earlier time that the Borrower has risk of loss. This cover shall include cover for installation, testing including hot testing and commissioning sufficient to cover planned testing and commissioning activities and any likely over-run of such activities. Sub-limits are permitted with respect to the following perils: • For earthquake and flood a separate aggregate limit for each as commercially available but in no event less than $12,500,000; • Unintentional Errors & Omissions, aggregated limit as commercially available but in no event less than $7,000,000; • such other coverages customarily sub-limited and/or aggregated or restricted in reasonable amounts consistent with current industry practice, including without limitation, extra expense, debris removal, on site pollutant cleanup (resulting from a covered peril) and other perils normally sub-limited. Such policy shall include: (a) an automatic reinstatement of limits following each loss except for those perils normally aggregated (including the perils of earthquake, named windstorm, pollution cleanup and flood), (b) replacement cost valuation with no deduction for depreciation and no coinsurance clauses (or a waiver thereof). Business Interruption insurance triggered by any and all losses covered for property damage subject to such additional exclusions as are customary for time element insurance shall be provided for not less than 12 months projected covered revenue loss less non-recurrent costs and for an indemnity period of not less than 12 months for example: a) if the main policy limit for property damage is 10% of the total portfolio replacement cost; then b) the limit for business interruption shall be at least 20% of annual revenues for the portfolio over a 12 months indemnity period. Contingent business interruption shall be provided in accordance with prudent industry practice, minimum $5,000,000. Such policy may have per occurrence deductibles of not greater than $100,000 for all perils except (a) five percent (5%) of the value of property damaged by either earthquake or flood subject to a minimum of up to $250,000; and (b) fourteen (14) days for Business Interruption.

Property and Business Interruption Insurance. “All-Risk” property form, as such term is used in the insurance industry, including coverage for the perils of flood, earthquake, hail, lightning, strike, riot and civil commotion, vandalism and malicious mischief. Such policy shall insure all real and personal property of the Borrower whether at a fixed (including non-owned location for off-Site repair or refurbishment), off-Site storage or a warehouse location or while in the course of inland or ocean transit (as the case may be), for an amount of not less than the greater of (a) $35,000,000 and (b) 10% of the current aggregate replacement cost of the Project. The policy shall provide cover in accordance with this Schedule 3.22 5.16 for each System from the time no later than the time of delivery to the Borrower in accordance with the terms of the PUMA or such earlier time that the Borrower has risk of loss. This cover shall include cover for installation, testing including hot testing and commissioning sufficient to cover planned testing and commissioning activities and any likely over-run of such activities. Sub-limits are permitted with respect to the following perils: • For earthquake and flood a separate aggregate limit for each as commercially available but in no event less than $12,500,000; • Unintentional Errors & Omissions, aggregated limit as commercially available but in no event less than $7,000,000; • such other coverages customarily sub-limited and/or aggregated or restricted in reasonable amounts consistent with current industry practice, including without limitation, extra expense, debris removal, on site pollutant cleanup (resulting from a covered peril) and other perils normally sub-limited. Such policy shall include: (a) an automatic reinstatement of limits following each loss except for those perils normally aggregated (including the perils of earthquake, named windstorm, pollution cleanup and flood), (b) replacement cost valuation with no deduction for depreciation and no coinsurance clauses (or a waiver thereof). Business Interruption insurance triggered by any and all losses covered for property damage subject to such additional exclusions as are customary for time element insurance shall be provided for not less than 12 months projected covered revenue loss less non-recurrent costs and for an indemnity period of not less than 12 months for example:: SCHEDULE 5.16 TO CREDIT AGREEMENT a) if the main policy limit for property damage is 10% of the total portfolio replacement cost; then b) the limit for business interruption shall be at least 20% of annual revenues for the portfolio over a 12 months month indemnity period. Contingent business interruption shall be provided in accordance with prudent industry practice, minimum $5,000,000. Such policy may have per occurrence deductibles of not greater than $100,000 for all perils except (a) five percent (5%) of the value of property damaged by either earthquake or flood subject to a minimum of up to $250,000; and (b) fourteen (14) days for Business Interruption.

Property and Business Interruption Insurance. “All-Risk” property form, as such term is used in the insurance industry, including coverage for the perils of flood, earthquake, hail, lightning, strike, riot and civil commotion, vandalism and malicious mischief. Such policy shall insure all real and personal property of the Borrower whether at a fixed (including non-owned location for off-Site repair or refurbishment), off-Site storage or a warehouse location or while in the course of inland or ocean transit (as the case may be), for an amount of not less than the greater of (a) $35,000,000 and (b) 10% [***] of the current aggregate replacement cost of the Project. The policy shall provide cover in accordance with this Schedule 3.22 for each System from the time no later than the time of delivery to the Borrower in accordance with the terms of the PUMA or such earlier time that the Borrower has risk of loss. This cover shall include cover for installation, testing including hot testing and commissioning sufficient to cover planned testing and commissioning activities and any likely over-run of such activities. Sub-limits are permitted with respect to the following perils: • For earthquake and flood a separate aggregate limit for each as commercially available but in no event less than $12,500,000[***]; • Unintentional Errors & Omissions, aggregated limit as commercially available but in no event less than $7,000,000[***]; • such other coverages customarily sub-limited and/or aggregated or restricted in reasonable amounts consistent with current industry practice, including without limitation, extra expense, debris removal, on site pollutant cleanup (resulting from a covered peril) and other perils normally sub-limited. Such policy shall include: (a) an automatic reinstatement of limits following each loss except for those perils normally aggregated (including the perils of earthquake, named windstorm, pollution cleanup and flood), (b) replacement cost valuation with no deduction for depreciation and no coinsurance clauses (or a waiver thereof). Business Interruption insurance triggered by any and all losses covered for property damage subject to such additional exclusions as are customary for time element insurance shall be provided for not less than 12 months [***] projected covered revenue loss less non-recurrent costs and for an indemnity period of not less than 12 months [***] for example: a) if the main policy limit for property damage is 10% [***] of the total portfolio replacement cost; then b) the limit for business interruption shall be at least 20% [***] of annual revenues for the portfolio over a 12 months [***] indemnity period. [***] Confidential Treatment Requested Contingent business interruption shall be provided in accordance with prudent industry practice, minimum $5,000,000[***]. Such policy may have per occurrence deductibles of not greater than $100,000 [***] for all perils except (a) five [***] percent (5%) [***] of the value of property damaged by either earthquake or flood subject to a minimum of up to $250,000[***]; and (b) fourteen (14) [***] days for Business Interruption.

Property and Business Interruption Insurance. “All-Risk” property form, as such term is used in the insurance industry, including coverage for the perils of flood, earthquake, hail, lightning, strike, riot and civil commotion, vandalism and malicious mischief. Such policy shall insure all real and personal property of the Borrower whether at a fixed (including non-owned location for off-Site repair or refurbishment), off-Site storage or a warehouse location or while in the course of inland or ocean transit (as the case may be), for an amount of not less than the greater of (a) $35,000,000 [***] and (b) 10% [***] of the current aggregate replacement cost of the Project. The policy shall provide cover in accordance with this Schedule 3.22 5.16 for each System from the time no later than the time of delivery to the Borrower in accordance with the terms of the PUMA or such earlier time that the Borrower has risk of loss. This cover shall include cover for installation, testing including hot testing and commissioning sufficient to cover planned testing and commissioning activities and any likely over-run of such activities. Sub-limits are permitted with respect to the following perils: • For earthquake and flood a separate aggregate limit for each as commercially available but in no event less than $12,500,000[***]; • Unintentional Errors & Omissions, aggregated limit as commercially available but in no event less than $7,000,000[***]; • such other coverages customarily sub-limited and/or aggregated or restricted in reasonable amounts consistent with current industry practice, including without limitation, extra expense, debris removal, on site pollutant cleanup (resulting from a covered peril) and other perils normally sub-limited. Such policy shall include: (a) an automatic reinstatement of limits following each loss except for those perils normally aggregated (including the perils of earthquake, named windstorm, pollution cleanup and flood), (b) replacement cost valuation with no deduction for depreciation and no coinsurance clauses (or a waiver thereof). Business Interruption insurance triggered by any and all losses covered for property damage subject to such additional exclusions as are customary for time element insurance shall be provided for not less than 12 months [***] projected covered revenue loss less non-recurrent costs and for an indemnity period of not less than 12 months [***] for example: a) if the main policy limit for property damage is 10% [***] of the total portfolio replacement cost; thenthen [***] Confidential Treatment Requested b) the limit for business interruption shall be at least 20% [***] of annual revenues for the portfolio over a 12 months [***] indemnity period. Contingent business interruption shall be provided in accordance with prudent industry practice, minimum $5,000,000[***]. Such policy may have per occurrence deductibles of not greater than $100,000 [***] for all perils except (a) five percent [***] (5%[***]) of the value of property damaged by either earthquake or flood subject to a minimum of up to $250,000[***]; and (b) fourteen [***] (14[***]) days for Business Interruption.

Property and Business Interruption Insurance. “All-Risk” property form, as such term is used in the insurance industry, including coverage for the perils of flood, earthquake, hail, lightning, strike, riot and civil commotion, vandalism and malicious mischief. Such policy shall insure all real and personal property of the Borrower whether at a fixed (including non-owned location for off-Site repair or refurbishment), off-Site storage or a warehouse location or while in the course of inland or ocean transit (as the case may be), for an amount of not less than the greater of (a) $35,000,000 and (b) 10% of the current aggregate replacement cost of the Project. The policy shall provide cover in accordance with this Schedule 3.22 5.16 for each System from the time no later than the time of delivery to the Borrower in accordance with the terms of the PUMA or such earlier time that the Borrower has risk of loss. This cover shall include cover for installation, testing including hot testing and commissioning sufficient to cover planned testing and commissioning activities and any likely over-run of such activities. Sub-limits are permitted with respect to the following perils: • For earthquake and flood a separate aggregate limit for each as commercially available but in no event less than $12,500,000; • Unintentional Errors & Omissions, aggregated limit as commercially available but in no event less than $7,000,000; • such other coverages customarily sub-limited and/or aggregated or restricted in reasonable amounts consistent with current industry practice, including without limitation, extra expense, debris removal, on site pollutant cleanup (resulting from a covered peril) and other perils normally sub-limited. Such policy shall include: (a) an automatic reinstatement of limits following each loss except for those perils normally aggregated (including the perils of earthquake, named windstorm, pollution cleanup and flood), (b) replacement cost valuation with no deduction for depreciation and no coinsurance clauses (or a waiver thereof). Business Interruption insurance triggered by any and all losses covered for property damage subject to such additional exclusions as are customary for time element insurance shall be provided for not less than 12 months projected covered revenue loss less non-recurrent costs and for an indemnity period of not less than 12 months for example: a) if the main policy limit for property damage is 10% of the total portfolio replacement cost; then b) the limit for business interruption shall be at least 20% of annual revenues for the portfolio over a 12 months month indemnity period. Contingent business interruption shall be provided in accordance with prudent industry practice, minimum $5,000,000. Such policy may have per occurrence deductibles of not greater than $100,000 for all perils except (a) five percent (5%) of the value of property damaged by either earthquake or flood subject to a minimum of up to $250,000; and (b) fourteen (14) days for Business Interruption.