Common use of Public Liability and Workers' Compensation Insurance Clause in Contracts

Public Liability and Workers' Compensation Insurance. During the ---------------------------------------------------- Term, the Lessee shall procure and carry, at the Lessee's sole cost and expense, commercial general liability insurance, including contractual liability, for claims for injuries or death sustained by persons or damage to property while on the Property and such other public liability coverages as are ordinarily procured by Persons who own or operate similar properties and consistent with prudent business practice, which policies shall include contractual liability endorsements covering the Lessee's indemnification obligations in Section 14.4. ------------ Such insurance shall be on terms and in amounts (which shall be reasonably acceptable to the Lessor and in the event of liability insurance shall not require coverage in excess of $10,000,000) that are no less favorable than insurance maintained by the Lessee with respect to similar properties that it owns and that are in accordance with prudent business practice and may be provided under blanket policies maintained by or on behalf of the Lessee. The policy shall be endorsed to name the Lessor, the Agent and each Participant as additional insureds. The policy shall also specifically provide that the policy shall be considered primary insurance which shall apply to any loss or claim before any contribution by any insurance which the Lessor, the Agent or the Participants may have in force. The Lessee shall, in the construction of the Improvements and the operation of the Property (including in connection with any Modifications thereof) comply with the applicable workers' compensation laws and protect the Lessor, the Agent and the Participants against any liability under such laws.

Public Liability and Workers' Compensation Insurance. During the ---------------------------------------------------- TermTerm for each Property with respect to which such Lessee has executed a Lease Supplement, the such Lessee shall procure and carry, at the such Lessee's sole cost and expense, commercial general liability insurance, including contractual liability, and umbrella liability insurance for claims for injuries or death sustained by persons or damage to property while on such Property or respecting the Equipment with respect to such Property and such other public liability coverages as are ordinarily procured then customarily carried by Persons who own or operate similarly situated companies conducting business similar properties and consistent with prudent business practice, which policies shall include contractual liability endorsements covering the to that conducted by such Lessee's indemnification obligations in Section 14.4. ------------ Such insurance shall be on terms and in amounts (which shall be reasonably acceptable to the Lessor and in the event of liability insurance shall not require coverage in excess of $10,000,000) that are no less favorable than insurance maintained by the such Lessee with respect to similar properties and equipment that it owns and are then carried by similarly situated companies conducting business similar to that are conducted by such Lessee, and in accordance with prudent business practice no event shall have a minimum combined single limit per occurrence coverage (i) for commercial general liability of less than $1,000,000 and may be provided under blanket policies maintained by or on behalf (ii) for umbrella liability of the Lesseeless than $50,000,000. The policy policies shall name such Lessee as the insured and shall be endorsed to name Lessor, the LessorHolders, the Agent and each Participant the Lenders as additional insureds. The policy policies shall also specifically provide that the policy such policies shall be considered primary insurance which shall apply to any loss or claim before any contribution by any insurance which the Lessor, any Holder, the Agent or the Participants any Lender may have in force. The Lessee shall, in the construction of the Improvements and In the operation of the each Property (including in connection with any Modifications thereof) respect to which such Lessee has executed a Lease Supplement, such Lessee shall comply with the applicable workers' compensation laws and protect the Lessor, each Holder, the Agent and the Participants each Lender against any liability under such laws.

Public Liability and Workers' Compensation Insurance. During the ---------------------------------------------------- TermTerm for each portion of the Property, the Lessee shall procure and carry, at the Lessee's sole cost and expense, commercial general liability insurance, including contractual liability, and umbrella liability insurance for claims for injuries or death sustained by persons or damage to property while on such portion of the Property or respecting the Equipment and such other public liability coverages (including automobile liability and other liability coverages) as are ordinarily procured then customarily carried by Persons who own or operate similarly situated companies conducting business similar properties and consistent with prudent business practice, which policies shall include contractual liability endorsements covering the to that conducted by Lessee's indemnification obligations in Section 14.4. ------------ Such insurance shall be on terms and in amounts (which shall be reasonably acceptable to the Lessor and in the event of liability insurance shall not require coverage in excess of $10,000,000) that are no less favorable than insurance maintained by the Lessee with respect to similar properties and equipment that it owns and are then carried by similarly situated companies conducting business similar to that are conducted by Lessee, and in accordance with prudent business practice no event shall have a minimum combined single limit per occurrence coverage (i) for commercial general liability of not less than $2,000,000 and may be provided under blanket policies maintained by or on behalf (ii) for umbrella liability of the Lesseenot less than $15,000,000. The policy policies shall name Lessee as the insured and shall be endorsed to name Lessor, the LessorHolders, the Agent and each Participant the Lenders as additional insureds. The policy policies shall also specifically provide that the policy such policies shall be considered primary insurance which shall apply to any loss or claim before any contribution by any insurance which the Lessor, any Holder, the Agent or the Participants any Lender may have in force. The Lessee shall, in the construction of the Improvements and In the operation of the Property (including in connection with any Modifications thereof) Property, Lessee shall comply with the applicable workers' compensation laws and protect the Lessor, each Holder, the Agent and the Participants each Lender against any liability under such laws.

Public Liability and Workers' Compensation Insurance. During the ---------------------------------------------------- TermTerm for the Property, the Lessee shall procure and carry, at the Lessee's sole cost and expense, commercial general liability insurance, including contractual liability, and umbrella liability insurance for claims for bodily injuries or death sustained by persons or damage to property while on the Property and such other public liability coverages as are ordinarily procured then customarily carried by Persons who own or operate similarly situated companies conducting business similar properties and consistent with prudent business practice, which policies shall include contractual liability endorsements covering the to that conducted by Lessee's indemnification obligations in Section 14.4. ------------ Such insurance shall be on terms and in amounts (which shall be reasonably acceptable to the Lessor and in the event of liability insurance shall not require coverage in excess of $10,000,000) that are no less favorable than insurance maintained by the Lessee with respect to similar properties and equipment that it owns and are then carried by similarly situated companies conducting business similar to that are conducted by Lessee (with reasonable deductibles and/or self-insured retentions based on customary coverages for real estate projects and assets comparable to the Property), and in accordance with prudent business practice no event shall have a minimum combined single limit per occurrence coverage (i) for commercial general liability of less than $1,000,000 and may be provided under blanket policies maintained by or on behalf (ii) for umbrella liability of the Lesseeless than $20,000,000. The policy policies shall name Lessee as the insured and shall be endorsed to name the Lessor, the Agent and each Participant the Primary Financing Parties as additional insuredsinsureds with respect to the Property or matters arising with respect thereto. The policy policies shall also specifically provide that the policy such policies shall be considered primary insurance which shall apply to any loss or claim before any contribution by any insurance which the Lessor, the Agent or the Participants any Financing Party may have in force. The Lessee shall, in the construction of the Improvements and In the operation of the Property (including in connection with any Modifications thereof) Property, Lessee shall comply with the applicable workers' compensation laws and protect the Lessor, the Agent Agent, each Credit Note Purchaser and the Participants each Mortgage Lender against any liability under for its failure to comply with such laws.

Public Liability and Workers' Compensation Insurance. During the ---------------------------------------------------- Term, the The Lessee shall procure and carry, at the Lessee's sole cost and expense, carry commercial general liability insurance, including contractual liability, for claims for injuries or death sustained by persons or damage to property while on the Property and such other public liability coverages as are ordinarily procured by Persons who own or operate similar properties and consistent with prudent business practice, which policies shall include contractual liability endorsements covering the Lessee's indemnification obligations in Section 14.413.1 of the Participation Agreement. ------------ Such insurance shall be on terms and in amounts (which shall be reasonably acceptable to the Lessor and in the event of liability insurance shall not require coverage in excess of $10,000,000be maintained at a level set forth on Schedule 14.2) that are no less favorable than insurance maintained by the Lessee with respect to similar properties that it owns and that are in accordance with prudent business practice and may be provided under blanket policies maintained by or on behalf of the Lessee. The policy shall be endorsed to name the Lessor, the Agent and each Participant as additional insureds. The policy shall also specifically provide that the policy shall be considered primary insurance which shall apply to any loss or claim before any contribution by any insurance which the Lessor, the Agent or the Participants may have in force. The Lessee shall, in the construction of the Improvements and the operation of the Property (including in connection with any Modifications thereof) comply with the applicable workers' compensation laws and protect the Lessor, the Agent and the Participants against any liability under such laws.

Public Liability and Workers' Compensation Insurance. During the ---------------------------------------------------- TermTerm for the Property, the Lessee shall procure and carry, at the Lessee's ’s sole cost and expense, commercial general liability insurance, including contractual liability, and umbrella liability insurance for claims for bodily injuries or death sustained by persons or damage to property while on the Property and such other public liability coverages as are ordinarily procured then customarily carried by Persons who own or operate similarly situated companies conducting business similar properties and consistent with prudent business practice, which policies shall include contractual liability endorsements covering the to that conducted by Lessee's indemnification obligations in Section 14.4. ------------ Such insurance shall be on terms and in amounts (which shall be reasonably acceptable to the Lessor and in the event of liability insurance shall not require coverage in excess of $10,000,000) that are no less favorable than insurance maintained by the Lessee with respect to similar properties and equipment that it owns and are then carried by similarly situated companies conducting business similar to that are conducted by Lessee (with reasonable deductibles and/or self-insured retentions based on customary coverages for real estate projects and assets comparable to the Property), and in accordance with prudent business practice no event shall have a minimum combined single limit per occurrence coverage (i) for commercial general liability of less than $1,000,000 and may be provided under blanket policies maintained by or on behalf (ii) for umbrella liability of the Lesseeless than $20,000,000. The policy policies shall name Lessee as the insured and shall be endorsed to name the Lessor, the Agent and each Participant the Primary Financing Parties as additional insuredsinsureds with respect to the Property or matters arising with respect thereto. The policy policies shall also specifically provide that the policy such policies shall be considered primary insurance which shall apply to any loss or claim before any contribution by any insurance which the Lessor, the Agent or the Participants any Financing Party may have in force. The Lessee shall, in the construction of the Improvements and In the operation of the Property (including in connection with any Modifications thereof) Property, Lessee shall comply with the applicable workers' ’ compensation laws and protect the Lessor, the Agent Agent, each Credit Lender and the Participants each Mortgage Lender against any liability under for its failure to comply with such laws.

Public Liability and Workers' Compensation Insurance. During the ---------------------------------------------------- Term, the Lessee shall procure and carry, at the Lessee's sole cost and expense, commercial general liability insurance, including contractual liability, for claims for injuries or death sustained by persons or damage to property while on the Property Site and such other public liability coverages as are ordinarily procured by Persons who own or operate similar properties and consistent with prudent business practice, which policies shall include contractual liability endorsements covering the Lessee's indemnification obligations in Section 14.4. ------------ Such insurance shall be on terms and in amounts (which shall be reasonably acceptable to the Lessor and in the event of liability insurance Lessor, which acceptance shall not require coverage in excess of $10,000,000be unreasonably withheld) that are no less favorable than insurance maintained by the Lessee with respect to similar properties that it owns and that are in accordance with prudent business practice and may be provided under blanket policies maintained by or on behalf of the Lessee. The policy shall be endorsed to name the Lessor, the Agent and each Participant as additional insureds. The policy shall also specifically provide that the policy shall be considered primary insurance which shall apply to any loss or claim before any contribution by any insurance which the Lessor, the Agent or the Participants may have in force. The Lessee shall, in the construction delivery and installation of the Improvements Equipment and the operation of the Property (including in connection with any Modifications thereof) comply with the applicable workers' compensation laws and protect the Lessor, the Agent and the Participants against any liability under such laws.

Public Liability and Workers' Compensation Insurance. During the ---------------------------------------------------- TermTerm for each Property, the Lessee shall procure and carry, at the Lessee's sole cost and expense, commercial general liability insurance, including contractual liability, and umbrella liability insurance for claims Claims for injuries or death sustained by persons or damage to property while on such Property or the Property premises where the Equipment is located and such other public liability coverages as are ordinarily procured then customarily carried by Persons who own or operate similarly situated companies conducting business similar properties and consistent with prudent business practice, which policies shall include contractual liability endorsements covering the to that conducted by Lessee's indemnification obligations in Section 14.4. ------------ Such insurance shall be on terms and in amounts (which shall be reasonably acceptable to the Lessor and in the event of liability insurance shall not require coverage in excess of $10,000,000) that are no less favorable than insurance maintained by the Lessee with respect to similar properties and equipment that it owns and are then carried by similarly situated companies conducting business similar to that are conducted by Lessee, and in accordance with prudent business practice no event shall have a minimum combined single limit per occurrence coverage (i) for commercial general aggregate liability of less than $2,000,000 and may be provided under blanket policies maintained by or on behalf (ii) for umbrella liability of the Lesseeless than $25,000,000. The policy policies shall name Lessee as the insured and shall be endorsed to name the Lessor, the Agent and each Participant Lessor as an additional insuredsinsured. The policy policies shall also specifically provide that the policy such policies shall be considered primary insurance which shall apply to any loss or claim Claim before any contribution by any insurance which the Lessor, the Agent or the Participants Lessor may have in force. The During the Term, Lessee shall, in the construction operation and use of the Improvements each Property, maintain workers' compensation insurance consistent with that carried by similarly situated companies conducting business similar to that conducted by Lessee and containing minimum liability limits of no less than $1,000,000. In the operation of the Property (including in connection with any Modifications thereof) each Property, Lessee shall comply with the applicable workers' compensation laws Laws applicable to Lessee, and protect the Lessor, the Agent and the Participants Lessor against any liability under such lawsLaws.

Public Liability and Workers' Compensation Insurance. During the ---------------------------------------------------- TermTerm for each Property, the Lessee shall procure and carry, at the Lessee's sole cost and expense, commercial general liability insurance, including contractual liability, and umbrella liability insurance for claims for injuries or death sustained by persons or damage to property while on such Property or respecting the Property Equipment and such other public liability coverages as are ordinarily procured then customarily carried by Persons who own or operate similarly situated companies conducting business similar properties and consistent with prudent business practice, which policies shall include contractual liability endorsements covering the to that conducted by Lessee's indemnification obligations in Section 14.4. ------------ Such insurance shall be on terms and in amounts (which shall be reasonably acceptable to the Lessor and in the event of liability insurance shall not require coverage in excess of $10,000,000) that are no less favorable than insurance maintained by the Lessee with respect to similar properties and equipment that it owns and are then carried by similarly situated companies conducting business similar to that are conducted by Lessee, and in accordance with prudent business practice no event shall have a minimum combined single limit per occurrence coverage (i) for commercial general liability of less than $5,000,000 and may be provided under blanket policies maintained by or on behalf (ii) for umbrella liability of the Lesseeless than $25,000,000. The policy policies shall name Lessee as the insured and shall be endorsed to name the Lessorapplicable Development Authority (if any), the Agent applicable Bond Trustee (if any), the Lessor and each Participant the Bank as additional insureds. The policy policies shall also specifically provide that the policy such policies shall be considered primary insurance which shall apply to any loss or claim before any contribution by any insurance which the Lessorapplicable Development Authority (if any), the Agent applicable Bond Trustee (if any), the Lessor or the Participants Bank may have in force. The Lessee shall, in the construction of the Improvements and In the operation of the Property (including in connection with any Modifications thereof) Properties, Lessee shall comply with the applicable workers' compensation laws and protect the Lessorapplicable Development Authority (if any), the Agent applicable Bond Trustee (if any), the Lessor and the Participants Bank against any liability under such laws.

Public Liability and Workers' Compensation Insurance. During the ---------------------------------------------------- Term, the Lessee shall procure and carry, at the Lessee's sole cost and expense, commercial general liability insurance, including contractual liability, for claims for injuries or death sustained by persons or damage to property while on the Property and such other public liability coverages as are ordinarily procured by Persons who own or operate similar properties and consistent with prudent business practice, which policies shall include contractual liability endorsements covering the Lessee's indemnification obligations in Section 14.4. ------------ Such insurance shall be on terms and in amounts (which shall be reasonably acceptable to the Lessor and in the event of liability insurance shall not require coverage in excess of $10,000,000) that are no less favorable than insurance maintained by the Lessee with respect to similar properties that it owns and that are in accordance with prudent business practice and may be provided under blanket policies maintained by or on behalf of the Lessee. The policy shall be endorsed to name the Lessor, the Agent Agent, and each Participant as additional insureds. The policy shall also specifically provide that the policy shall be considered primary insurance insurance, which shall apply to any loss or claim before any contribution by any insurance which the Lessor, the Agent or the Participants may have in force. The Lessee shall, in the construction of the Improvements and the operation of the Property (including in connection with any Modifications thereof) comply with the applicable workers' compensation laws and protect the Lessor, the Agent and the Participants against any liability under such laws.

Public Liability and Workers' Compensation Insurance. During the ---------------------------------------------------- Term, the The Lessee shall procure and carry, at the Lessee's sole cost and expense, carry commercial general liability insurance, including contractual liability, for claims for injuries or death sustained by persons or damage to property while on the Property and such other public commercial general liability coverages as are ordinarily procured by Persons who own or operate similar properties and consistent with prudent business practice, which policies shall include contractual liability endorsements covering the Lessee's indemnification obligations in Section 14.413.1 of the Participation Agreement. ------------ Such insurance shall be on terms and in amounts (which shall be reasonably acceptable to the Lessor and in the event of liability insurance shall not require coverage in excess of $10,000,000) be maintained at a level set forth on Schedule 14.3 that are no less favorable than insurance maintained by the Lessee with respect to similar properties that it owns and that are in accordance with prudent business practice and may be provided under blanket policies maintained by or on behalf of the Lessee. The policy shall be endorsed to name the Lessor, the Agent Bank, the Indenture Trustee and each Participant as additional insureds. The policy shall also specifically provide that the policy shall be considered primary insurance which shall apply to any loss or claim before any contribution by any insurance which the Lessor, the Agent Bank, the Indenture Trustee or the Participants may have in force. The Lessee shall, in the construction of the Improvements and the operation of the Property (including in connection with any Modifications thereof) comply with the applicable workers' compensation laws and protect the Lessor, the Agent Bank, the Indenture Trustee and the Participants against any liability under such laws.

Public Liability and Workers' Compensation Insurance. During the ---------------------------------------------------- TermTerm for each Property, the Lessee shall procure and carry, at the Lessee's sole cost and expense, commercial general liability insurance, including contractual liability, and umbrella liability insurance for claims for injuries or death sustained by persons or damage to property while on such Property or respecting the Property Equipment and such other public liability coverages as are ordinarily procured then customarily carried by Persons who own similarly situated companies conducting business similar to that conducted by Lessee. Prior to the Commencement Date for any Property, Lessee shall procure and carry all such insurance referenced in the immediately preceding sentence, but Lessor (at the direction of the Bank) shall pay the costs and expenses incurred respecting the insurance referenced in the foregoing sentence (but only to the extent amounts are available therefor with respect to the Available Commitments and the Available Holder Commitments or operate similar properties the Bank increases the amount of Available Commitments and consistent with prudent business practice, which policies shall include contractual liability endorsements covering the Lessee's indemnification obligations in Section 14.4Available Holder Commitments to fund such costs and expenses). ------------ Such insurance shall be on terms and in amounts (which shall be reasonably acceptable to the Lessor and in the event of liability insurance shall not require coverage in excess of $10,000,000) that are no less favorable than insurance maintained by the Lessee with respect to similar properties and equipment that it owns and are then carried by similarly situated companies conducting business similar to that are conducted by Lessee, and in accordance with prudent business practice no event shall have a minimum combined single limit per occurrence coverage (i) for commercial general liability of less than $1,000,000 and may be provided under blanket policies maintained by or on behalf (ii) for umbrella liability of the Lesseeless than $2,000,000. The policy policies shall name Lessee as the insured and shall be endorsed to name Lessor and the Lessor, the Agent and each Participant Bank as additional insureds. The policy policies shall also specifically provide that the policy such policies shall be considered primary insurance which shall apply to any loss or claim before any contribution by any insurance which the Lessor, the Agent Lessor or the Participants Bank may have in force. The Lessee shall, in the construction of the Improvements and In the operation of the Property (including in connection with any Modifications thereof) Properties, Lessee shall comply with the applicable workers' compensation laws and protect the Lessor, the Agent Lessor and the Participants Bank against any liability under such laws.