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

Public Liability and Workers' Compensation Insurance. (a) During the Lease Term, the Lessee shall procure and carry, at the Lessee’s sole cost and expense, commercial general liability insurance 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 the Lessee or its Affiliates who own or operate similar properties, but in any case shall provide liability coverage of at least $2,000,000 per person and $1,000,000 for property damage per occurrence. Such insurance shall be on terms and in amounts that are no less favorable than insurance maintained by the Lessee or such Affiliates with respect to similar properties that they own and that are in accordance with normal industry practice. The policy shall be endorsed to include the Lessor as an additional insured. 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 may have in force. (b) During the Basic Lease Term, the Lessee shall have the right to self-insure with respect to any of the insurance required under this Amended and Restated Master Lease so long as (i) the Lessee is a publicly traded domestic corporation whose stock is traded on a nationally recognized exchange; (ii) the Lessee has not assigned this Amended and Restated Master Lease other than to an Affiliate in accordance with the requirements of Section 8.4; (iii) the Lessee maintains a consolidated net worth (determined as provided in Section 10.2.1 of the Amended and Restated Participation Agreement) of at least $400 million according to its most recent audited financial statement; and (iv) the Lessee governs and manages its self-insurance program in a manner consistent with programs managed by prudent businesses whose stock is publicly traded on nationally recognized exchanges. Upon request, the Lessee shall supply the Lessor from time to time with evidence reasonably satisfactory to the Lessor of the Lessee’s net worth and the satisfaction of the condition set forth above. If the Lessee elects to self-insure, the Lessee shall be responsible for losses or liabilities which would have been assumed by the insurance companies which would have issued the insurance required of the Lessee under the Amended and Restated Master Lease. The Lessee will notify the Lessor in advance of any period for which it intends to self-insure and shall provide Lessor with satisfactory evidence that it complies with these requirements in order to give the Lessor an opportunity to confirm the satisfaction of the conditions set forth above. For so long as the Lessee self-insures and without limiting Lessee’s obligations under Article XIII of the Amended and Restated Participation Agreement, the Lessee, for applicable periods, shall and does hereby indemnify and hold harmless the Lessor, its officers, directors, agents, employees and representatives from and against all costs, damages, or expenses (including reasonable attorneys’ fees) incurred or paid by the Lessor as a result of any claim customarily covered by a broad-form policy of commercial general liability insurance, including a contractual liability endorsement.

Public Liability and Workers' Compensation Insurance. (a) During the Lease Term, the Lessee shall procure and carry, at the Lessee’s 's sole cost and expense, commercial general liability insurance 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 the Lessee or its Affiliates who own or operate similar properties, but in any case shall provide liability coverage of at least $2,000,000 per person and $1,000,000 for property damage per occurrence. Such insurance shall be on terms and in amounts that are no less favorable than insurance maintained by the Lessee or such Affiliates with respect to similar properties that they own and that are in accordance with normal industry practice. The policy shall be endorsed to include the Lessor as an additional insured. 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 may have in force. (b) During the Basic Lease Term, the Lessee shall have the right to self-insure with respect to any of the insurance required under this Amended and Restated Master Lease so long as (i) the Lessee is a publicly traded domestic corporation whose stock is traded on a nationally recognized exchange; (ii) the Lessee has not assigned this Amended and Restated Master Lease other than to an Affiliate in accordance with the requirements of Section 8.4; (iii) the Lessee maintains a consolidated net worth (determined as provided in Section 10.2.1 of the Amended and Restated Participation Agreement) of at least $400 million according to its most recent audited financial statement; and (iv) the Lessee governs and manages its self-insurance program in a manner consistent with programs managed by prudent businesses whose stock is publicly traded on nationally recognized exchanges. Upon request, the Lessee shall supply the Lessor from time to time with evidence reasonably satisfactory to the Lessor of the Lessee’s 's net worth and the satisfaction of the condition set forth above. If the Lessee elects to self-insure, the Lessee shall be responsible for losses or liabilities which would have been assumed by the insurance companies which would have issued the insurance required of the Lessee under the Amended and Restated Master Lease. The Lessee will notify the Lessor in advance of any period for which it intends to self-insure and shall provide Lessor with satisfactory evidence that it complies with these requirements in order to give the Lessor an opportunity to confirm the satisfaction of the conditions set forth above. For so long as the Lessee self-insures and without limiting Lessee’s 's obligations under Article XIII of the Amended and Restated Participation Agreement, the Lessee, for applicable periods, shall and does hereby indemnify and hold harmless the Lessor, its officers, directors, agents, employees and representatives from and against all costs, damages, or expenses (including reasonable attorneys’ ' fees) incurred or paid by the Lessor as a result of any claim customarily covered by a broad-form policy of commercial general liability insurance, including a contractual liability endorsement.

Public Liability and Workers' Compensation Insurance. (a) During the Term for each Property with respect to which such Lessee has executed a Lease TermSupplement, the such Lessee shall procure and carry, at the such Lessee’s 's sole cost and expense, commercial general 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 similarly situated companies conducting business similar to that conducted by such Lessee. Prior to the Commencement Date for any Property, the Lessee or its Affiliates who own or operate similar propertiesthat has executed a Lease Supplement respecting such Property shall procure and carry all such insurance referenced in the immediately preceding sentence, but Lessor (at the direction of the Agent) shall pay the costs and expenses incurred respecting the insurance referenced in any case shall provide liability coverage the foregoing sentence (but only to the extent amounts are available therefor with respect to the Available Commitments and the Available Holder Commitments or the Lenders and Holders increase the amounts of at least $2,000,000 per person Available Commitments and $1,000,000 for property damage per occurrenceAvailable Holder Commitments, respectively, to fund such costs and expenses). Such insurance shall be on terms and in amounts that are no less favorable than insurance maintained by the such Lessee or such Affiliates with respect to similar properties and equipment that they own it owns and are then carried by similarly situated companies conducting business similar to that are conducted by such Lessee, and in accordance with normal industry practiceno event shall have a minimum combined single limit per occurrence coverage (i) for commercial general liability of less than $1,000,000 and (ii) for umbrella liability of $2,000,000. The policy policies shall name such Lessee as the insured and shall be endorsed to include name Lessor, the Lessor Holders, the Agent and the Lenders as an additional insuredinsureds. 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 Lessor, any Holder, the Lessor Agent or any Lender may have in force. (b) During . In the Basic Lease Term, the Lessee shall have the right to self-insure operation of each Property with respect to any of the insurance required under this Amended and Restated Master Lease so long as (i) the Lessee is a publicly traded domestic corporation whose stock is traded on a nationally recognized exchange; (ii) the which such Lessee has not assigned this Amended executed a Lease Supplement, such Lessee shall comply with applicable workers' compensation laws and Restated Master Lease other than to an Affiliate in accordance with the requirements of Section 8.4; (iii) the Lessee maintains a consolidated net worth (determined as provided in Section 10.2.1 of the Amended and Restated Participation Agreement) of at least $400 million according to its most recent audited financial statement; and (iv) the Lessee governs and manages its self-insurance program in a manner consistent with programs managed by prudent businesses whose stock is publicly traded on nationally recognized exchanges. Upon requestprotect Lessor, each Holder, the Lessee shall supply the Lessor from time to time with evidence reasonably satisfactory to the Lessor of the Lessee’s net worth Agent and the satisfaction of the condition set forth above. If the Lessee elects to self-insure, the Lessee shall be responsible for losses or liabilities which would have been assumed by the insurance companies which would have issued the insurance required of the Lessee each Lender against any liability under the Amended and Restated Master Lease. The Lessee will notify the Lessor in advance of any period for which it intends to self-insure and shall provide Lessor with satisfactory evidence that it complies with these requirements in order to give the Lessor an opportunity to confirm the satisfaction of the conditions set forth above. For so long as the Lessee self-insures and without limiting Lessee’s obligations under Article XIII of the Amended and Restated Participation Agreement, the Lessee, for applicable periods, shall and does hereby indemnify and hold harmless the Lessor, its officers, directors, agents, employees and representatives from and against all costs, damages, or expenses (including reasonable attorneys’ fees) incurred or paid by the Lessor as a result of any claim customarily covered by a broad-form policy of commercial general liability insurance, including a contractual liability endorsementsuch laws.

Public Liability and Workers' Compensation Insurance. (a) During the Lease TermTerm for each Property, the Lessee shall procure and carry, at the Lessee’s 's sole cost and expenseexpense (except as provided in the next sentence), commercial general 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 similarly situated companies conducting business similar to that conducted by Lessee (including automobile insurance). During the Construction Period of a Property, the Lessee shall procure and carry all such insurance referenced in the immediately preceding sentence for such Property, but Lessor shall pay the costs of obtaining such insurance so long as (i) such costs are properly described in a Requisition delivered by the Lessee Construction Agent or its Affiliates who own or operate similar propertiesthe Lessor otherwise has knowledge such payment is due and (ii) funds are made available by the Lenders and Holders in connection with such Requisition in an amount sufficient to allow such payment, but in any case shall provide liability coverage of at least $2,000,000 per person and $1,000,000 for property damage per occurrencethereafter such costs will be paid by the Lessee. Such insurance shall be on terms and in amounts that are no less favorable than insurance maintained by the Lessee or such Affiliates with respect to similar properties and equipment that they own it owns and are then carried by similarly situated companies conducting business similar to that are conducted by Lessee, and in accordance no event shall have a minimum combined single limit per occurrence coverage (i) for commercial general liability of less than $1,000,000 per occurrence and $2,000,000 in the aggregate, (ii) for an additional, project specific commercial general liability of less than $25,000,000 in the aggregate during the Construction Period for each Property (or, in the case of the Phoenix Property, during the Construction Period upon any Advance of Hard Costs with normal industry practicerespect to such Property) and (iii) for umbrella liability of less than $100,000,000. The policy policies shall name Lessee as the insured and shall be endorsed to include name Lessor, the Lessor Holders, the Agent and the Lenders (and solely with respect to the Little Rock Property, the Trustee, the Bond Trustee and the City of Little Rock) as an additional insuredinsureds. 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 Lessor, any Holder, the Lessor Agent or any Lender may have in force. (b) During . In the Basic Lease Termoperation of the Properties, Lessee shall comply with applicable workers' compensation laws and protect Lessor, each Holder, the Lessee shall have the right to self-insure with respect to Agent and each Lender against any of the insurance required liability under this Amended and Restated Master Lease so long as (i) the Lessee is a publicly traded domestic corporation whose stock is traded on a nationally recognized exchange; (ii) the Lessee has not assigned this Amended and Restated Master Lease other than to an Affiliate in accordance with the requirements of Section 8.4; (iii) the Lessee maintains a consolidated net worth (determined as provided in Section 10.2.1 of the Amended and Restated Participation Agreement) of at least $400 million according to its most recent audited financial statement; and (iv) the Lessee governs and manages its self-insurance program in a manner consistent with programs managed by prudent businesses whose stock is publicly traded on nationally recognized exchanges. Upon request, the Lessee shall supply the Lessor from time to time with evidence reasonably satisfactory to the Lessor of the Lessee’s net worth and the satisfaction of the condition set forth above. If the Lessee elects to self-insure, the Lessee shall be responsible for losses or liabilities which would have been assumed by the insurance companies which would have issued the insurance required of the Lessee under the Amended and Restated Master Lease. The Lessee will notify the Lessor in advance of any period for which it intends to self-insure and shall provide Lessor with satisfactory evidence that it complies with these requirements in order to give the Lessor an opportunity to confirm the satisfaction of the conditions set forth above. For so long as the Lessee self-insures and without limiting Lessee’s obligations under Article XIII of the Amended and Restated Participation Agreement, the Lessee, for applicable periods, shall and does hereby indemnify and hold harmless the Lessor, its officers, directors, agents, employees and representatives from and against all costs, damages, or expenses (including reasonable attorneys’ fees) incurred or paid by the Lessor as a result of any claim customarily covered by a broad-form policy of commercial general liability insurance, including a contractual liability endorsementsuch laws.