Common use of Required Policies Clause in Contracts

Required Policies. During the Term, Tenant shall maintain the following insurance with respect to each Facility at its sole cost and expense: 8.1.1 Fire and Extended Coverage against loss or damage by fire, vandalism and malicious mischief, extended coverage perils commonly known as “Special Risk,” and all physical loss perils normally included in such Special Risk insurance, including but not limited to sprinkler leakage and windstorm, all with an aggregate loss limit per occurrence of not less than [_____] and coverage for flood (only if such Facility is located in whole or in part within a designated 100-year flood plain area and such coverage is available at commercially reasonable premiums) with an aggregate loss limit per occurrence of not less than [______]; 8.1.2 If such Facility contains steam boilers, pressure vessels or similar apparatus, insurance with an agreed amount endorsement (such that the insurance carrier has accepted the amount of coverage and has agreed that there will be no co-insurance penalty), covering the major components of the central heating, air conditioning and ventilating systems, boilers, other pressure vessels, high pressure piping and machinery, elevators and escalators, if any, and other similar equipment installed in such Facility, which policy shall insure against physical damage to and loss of occupancy and use of such Facility arising out of an accident, explosion, or breakdown covered thereunder all with an aggregate loss limit per occurrence of not less than [_____]; 8.1.3 If there is any storage tank, whether above ground or below ground, located at such Facility, whether or not in use, Storage Tank Insurance affording the parties protection of not less than [_____] per occurrence and in the annual aggregate; 8.1.4 Business Interruption and Extra Expense Coverage for loss of business income on an actual loss sustained basis for no less than twelve (12) months, including either an agreed amount endorsement or a waiver of any co-insurance provisions, so as to prevent Tenant, Landlord and any other insured thereunder from being a co-insurer, and containing an extended period indemnity endorsement that provides that the continued loss of business income will be insured until such income returns to the same level it was prior to the loss or the expiration of not fewer than six (6) months after the date of the completed repairs all with an aggregate loss limit per occurrence of not less than [_____]; 8.1.5 Commercial General Liability Coverage (including products and completed operations liability and broad form coverage, broad form property damage, blanket contractual liability, independent contractors liability, personal injury and advertising injury coverage) against claims for bodily injury, death, medical expenses, property damage occurring on, in or about such Facility, affording the parties protection of not less than [_____] per claim and [_____] in the annual aggregate;

Required Policies. During the Term, Tenant shall maintain the following insurance with respect to each Facility at its sole cost and expense: 8.1.1 9.1.1 Fire and Extended Coverage against loss or damage by fire, vandalism and malicious mischief, extended coverage perils commonly known as “Special Risk,” and all physical loss perils normally included in such Special Risk insurance, including but not limited to sprinkler leakage and windstorm, all together with an aggregate loss limit per occurrence of not less than [_____] and coverage for earthquake (including earth movement), flood (only if such Facility is located in whole or in part within a designated 000-xxxx xxxxx xxxxx xxxx) and terrorism, to the extent not included or specifically excluded from such Special Risk Insurance, all in an amount equal to one hundred percent (100-year flood plain area %) of the full replacement cost of such Facility (as replacement cost is defined below in Section 9.3), and such including a building ordinance coverage is available at commercially reasonable premiums) with an aggregate loss limit per occurrence of not less than [______]endorsement; 8.1.2 9.1.2 If such Facility contains steam boilers, pressure vessels or similar apparatus, insurance with an agreed amount endorsement (such that the insurance carrier has accepted the amount of coverage and has agreed that there will be no co-insurance penalty), covering the major components of the central heating, air conditioning and ventilating systems, boilers, other pressure vessels, high pressure piping and machinery, elevators and escalators, if any, and other similar equipment installed in such Facility, in an amount equal to one hundred percent (100%) of the full replacement cost of such Facility, which policy shall insure against physical damage to and loss of occupancy and use of such Facility arising out of an accident, explosion, or breakdown covered thereunder all with an aggregate loss limit per occurrence of not less than [_____]thereunder; 8.1.3 9.1.3 If there is any storage tank, whether above ground or below ground, located at such Facility, whether or not in use, Storage Tank Pollution Liability Insurance affording with the parties protection of not less than [_____] per occurrence and in same limits as required for the annual aggregatecommercial general liability insurance pursuant to Section 9.1.5 below; 8.1.4 9.1.4 Business Interruption and Extra Expense Coverage for loss of business income on an actual loss sustained basis for no less than twelve (12) months, covering perils consistent with the requirements of Section 9.1.1, including either an agreed amount endorsement or a waiver of any co-insurance provisions, so as to prevent Tenant, Landlord and any other insured thereunder from being a co-insurer, and containing an extended period indemnity endorsement that provides that the continued loss of business income will be insured until such income returns to the same level it was prior to the loss or the expiration of not fewer than six (6) months after the date of the completed repairs all with an aggregate loss limit per occurrence of not less than [_____];co- 8.1.5 9.1.5 Commercial General Liability Coverage (including products and completed operations liability and broad form coverage, host liquor liability, broad form property damagedamage (with the explosion, collapse and underground damage exclusions deleted), blanket contractual liability, independent contractors liability, personal injury and advertising injury coverage and medical payments coverage) against claims for bodily injury, death, medical expenses, property damage occurring on, in or about such Facility, affording the parties protection of not less than [_____] $2,000,000 per claim occurrence and [_____] $3,000,000 in the annual aggregate;

Required Policies. During the Term, Tenant shall maintain the following insurance with respect to each Facility at its sole cost and expense, including any policy deductibles or self-insured retentions, and any claims thereunder shall be defended by and adjudicated by and at the expense of its insurance carrier, or by Tenant within any deductible or self-insured retention: 8.1.1 Fire and Extended Coverage 5.1.2.1. Property insurance coverage with respect to each Facility or Facilities against loss or damage by from all causes under standard “all risk” or “special perils” property insurance coverage with an agreed amount endorsement (such that the insurance carrier(s) has accepted the amount of coverage and has agreed that there will be no co-insurance penalty), without exclusion for fire, lightning, windstorm, hail, water damage, explosion, smoke damage, vehicle damage, sprinkler leakage, flood, mold (only as a result of a covered peril), vandalism and malicious mischief, named storm, earthquake, terrorism or any other risks normally covered under an extended coverage perils commonly known as “Special Risk,” and all physical loss perils normally included endorsement, in such Special Risk insurance, including but not limited to sprinkler leakage and windstorm, all with an aggregate loss limit per occurrence of amounts that are not less than [_____] 100% of the full replacement cost of such Facility, including all Alterations, and coverage for flood all Landlord Personal Property and Tenant Personal Property associated therewith (only if such Facility is located including the cost of compliance with changes in whole or in part within a designated 100-year flood plain area Legal Requirements, demolition, debris removal and increased cost of construction) and such coverage is available property insurance policy shall cover mold as a result of a covered peril at commercially reasonable premiums) with an aggregate loss limit per occurrence a sublimit of not less than $[______***]; 8.1.2 5.1.2.2. If such any Facility contains steam boilers, steam pipes, steam engines, steam turbines or other high pressure vessels or similar apparatusvessels, machinery and equipment breakdown insurance with an agreed amount endorsement (such that the insurance carrier has carrier(s) has/have accepted the amount of coverage and has agreed that there will be no co-insurance penalty), covering the major components of the central heating, air conditioning and ventilating systems, boilers, other pressure vessels, high pressure piping piping, and machinery, elevators elevators, and escalators, if any, and other similar equipment installed in such Facility, in an amount equal to 100% of the full replacement cost of such Facility, which policy policies shall insure against physical damage to and loss of occupancy and use of such Facility arising out of an accident, explosion, or breakdown covered thereunder all with an aggregate loss limit per occurrence of not less than [_____]thereunder; 8.1.3 If there is any storage tank, whether above ground or below ground, located at such Facility, whether or not in use, Storage Tank Insurance affording the parties protection of not less than [_____] per occurrence 5.1.2.3. Business interruption and in the annual aggregate; 8.1.4 Business Interruption and Extra Expense Coverage extra expense coverage (A) with respect to each Facility for loss of business income time element on an actual loss sustained basis for or, but no less than twelve (12) 12 months, including either covering perils consistent with the requirements of Section 5.1.2.1 (B) with an agreed amount endorsement or a waiver (such that the insurance carrier(s) has accepted the amount of any coverage and has agreed that there will be no co-insurance provisionspenalty), so (C) providing that any covered loss thereunder shall be payable to Tenant and Landlord as to prevent Tenant, Landlord and any other insured thereunder from being a co-insurerjoint loss payees, and (D) containing an extended period indemnity endorsement that provides that the continued loss of business income will be insured until such income returns to the same level it was prior to the loss or the expiration of not fewer than six (6) months after the date of the completed repairs; 5.1.2.4. Builder’s risk insurance coverage, at all times during which Alterations or structural construction or repairs are being made with respect to any Facility, and only if the coverage under Section 5.1.2.1 above does not otherwise apply, secured and written on a completed value form, (a) covering all risks insured against pursuant to Section 5.1.2.1 above, (b) including permission for early occupancy of the Facilities, (c) with an aggregate loss limit per occurrence agreed amount endorsement (such that the insurance carrier(s) has accepted the amount of not less than [_____]coverage and has agreed that there will be no co-insurance penalty) and (d) covering the interests of Landlord and Tenant and their respective architects, engineers, contractors and subcontractors; 8.1.5 5.1.2.5. Commercial General Liability Coverage (including general liability insurance coverage with respect to each Facility including, but not limited to, premises operations, products and completed operations liability and broad form coverageliability, liquor liability, broad form property damage, blanket contractual liability, independent contractors liabilityliability for insured contracts, personal injury and advertising injury coverage) coverage and medical payments coverage against claims for bodily injury, death, personal and advertising injury, medical expenses, and property damage occurring on, in or about such Facility, affording the parties protection Landlord Insured Parties defense and indemnity protection, including healthcare professional liability coverage, occurrence or claims-made form with respect to all Facilities for damages for bodily injury, death, loss of service, or otherwise on account of professional services rendered or which should have been rendered, with no exclusion for patient abuse or sexual molestation, in a minimum amount of not less than $[_____***] per each occurrence or claim and $[_____***] in the annual aggregate; 5.1.2.6. Workers’ compensation insurance coverage with respect to each Facility for injuries or occupational illness sustained by Tenant’s employees in the course of their employment and otherwise consistent with all applicable statutory and Legal Requirements and employer’s liability insurance coverage with limits of not less than $[***] each accident, $[***] bodily injury due to disease each employee and $[***] bodily injury due to disease policy limit and excess workers’ compensation with a limit not less than $[***] and excess workers’ compensation with limits not less than $[***] each accident dedicated to the Ohio locations only. In states where permissible, Tenant can provide similar coverage on a nonsubscriber basis; 5.1.2.7. Motor vehicle liability insurance for all owned and non-owned vehicles, including any rented, hired, and/or leased vehicles, covering bodily injury, including death, and property damage with limits not less than $[***] each accident; 5.1.2.8. Umbrella/excess liability insurance in addition to primary coverage in an amount not less than $[***] each occurrence or claim and $[***] annual aggregate, on terms consistent with the commercial general liability insurance and healthcare professional liability policy, motor vehicle liability policies and employer’s liability policies required under this Section 5.1.2 and covering all claims typically covered by an umbrella/excess liability policy; 5.1.2.9. Crime insurance against employee dishonesty, with limits not less than $[***] per incident, including coverage for third parties; 5.1.2.10. Employment practices liability insurance on a claims made basis, with limits not less than $[***] per claim, including coverage for third parties; 5.1.2.11. Liquor liability insurance which may be on a claims made or occurrence basis covering dram shop liability if liquor is sold on the Premises, with limits not less than $[***] each incident and $[***] annual aggregate; and 5.1.2.12. Deductibles/self-insured retentions for the above policies shall not be greater than a $[***] deductible/self-insured retention for property insurance with a maximum [***]% of total insured values deductible/self-insured retention for high hazard wind, a maximum $[***] deductible/self-insured retention for flood and a maximum [***]% of total insured values deductible/self-insured retention for earthquake coverage; a $[***] deductible/self-insured retention for workers’ compensation/employer’s liability under nonsubscriber programs and under the Ohio excess workers’ compensation policy; a $[***] deductible/self-insured retention for motor vehicle liability; a $[***] deductible/self-insured retention for crime; a $[***] deductible/self-insured retention for employment practices liability; and a $[***] deductible/self-insured retention each claim for commercial general liability and a $[***] deductible/self-insured retention each claim for healthcare professional liability.

Required Policies. During the Term, Tenant shall maintain the following insurance with respect to each Facility at its sole cost and expense: 8.1.1 9.1.1 Fire and Extended Coverage against loss or damage by fire, vandalism and malicious mischief, extended coverage perils commonly known as “Special Risk,” and all physical loss perils normally included in such Special Risk insurance, including but not limited to sprinkler leakage and windstorm, all together with an aggregate loss limit per occurrence of not less than [_____] and coverage for earthquake (including earth movement), flood (only if such Facility is located in whole or in part within a designated 100-year flood plain area xxxx xxxxx xxxxx xxxx) and terrorism, to the extent not included or specifically excluded from such Special Risk Insurance, all in an amount equal to one hundred percent (100%) of the full replacement cost of such Facility (as replacement cost is defined below in Section 9.3), and including a building ordinance coverage is available at commercially reasonable premiums) with an aggregate loss limit per occurrence of not less than [______]endorsement; 8.1.2 9.1.2 If such Facility contains steam boilers, pressure vessels or similar apparatus, insurance with an agreed amount endorsement (such that the insurance carrier has accepted the amount of coverage and has agreed that there will be no co-insurance penalty), covering the major components of the central heating, air conditioning and ventilating systems, boilers, other pressure vessels, high pressure piping and machinery, elevators and escalators, if any, and other similar equipment installed in such Facility, in an amount equal to one hundred percent (100%) of the full replacement cost of such Facility, which policy shall insure against physical damage to and loss of occupancy and use of such Facility arising out of an accident, explosion, or breakdown covered thereunder all with an aggregate loss limit per occurrence of not less than [_____]thereunder; 8.1.3 9.1.3 If there is any storage tank, whether above ground or below ground, located at such Facility, whether or not in use, Storage Tank Pollution Liability Insurance affording with the parties protection of not less than [_____] per occurrence and in same limits as required for the annual aggregatecommercial general liability insurance pursuant to Section 9.1.4 below; 8.1.4 9.1.4 Business Interruption and Extra Expense Coverage for loss of business income on an actual loss sustained basis for no less than twelve (12) months, covering perils consistent with the requirements of Section 9.1.1, including either an agreed amount endorsement or a waiver of any co-co- insurance provisions, so as to prevent Tenant, Landlord and any other insured thereunder from being a co-co- insurer, and containing an extended period indemnity endorsement that provides that the continued loss of business income will be insured until such income returns to the same level it was prior to the loss or the expiration of not fewer than six (6) months after the date of the completed repairs all with an aggregate loss limit per occurrence of not less than [_____]repairs; 8.1.5 9.1.5 Commercial General Liability Coverage (including products and completed operations liability and broad form coverage, host liquor liability, broad form property damagedamage (with the explosion, collapse and underground damage exclusions deleted), blanket contractual liability, independent contractors liability, personal injury and advertising injury coverage and medical payments coverage) against claims for bodily injury, death, medical expenses, property damage occurring on, in or about such Facility, affording the parties protection of not less than [_____] One Million Dollars ($1,000,000) per claim occurrence and [_____] Three Million Dollars ($3,000,000) in the annual aggregate;

Required Policies. During the Term, Tenant shall maintain the following insurance with respect to each Facility at its sole cost and expense, including any policy deductibles or self-insured retentions, and any claims thereunder shall be defended by and adjudicated by and at the expense of its insurance carrier, or by Tenant within any deductible or self-insured retention: 8.1.1 Fire and Extended Coverage 5.1.2.1. Property insurance coverage with respect to each Facility or Facilities against loss or damage by from all causes under standard “all risk” or “special perils” property insurance coverage with an agreed amount endorsement (such that the insurance carrier(s) has accepted the amount of coverage and has agreed that there will be no co-insurance penalty), without exclusion for fire, lightning, windstorm, hail, water damage, explosion, smoke damage, vehicle damage, sprinkler leakage, flood, mold (only as a result of a covered peril), vandalism and malicious mischief, named storm, earthquake, terrorism or any other risks normally covered under an extended coverage perils commonly known as “Special Risk,” and all physical loss perils normally included endorsement, in such Special Risk insurance, including but not limited to sprinkler leakage and windstorm, all with an aggregate loss limit per occurrence of amounts that are not less than [_____] 100% of the full replacement cost of such Facility, including all Alterations, and coverage for flood all Landlord Personal Property and Tenant Personal Property associated therewith (only if such Facility is located including the cost of compliance with changes in whole or in part within a designated 100-year flood plain area Legal Requirements, demolition, debris removal and increased cost of construction) and such coverage is available property insurance policy shall cover mold as a result of a covered peril at commercially reasonable premiums) with an aggregate loss limit per occurrence a sublimit of not less than $[______***]; 8.1.2 5.1.2.2. If such any Facility contains steam boilers, steam pipes, steam engines, steam turbines or other high pressure vessels or similar apparatusvessels, machinery and equipment breakdown insurance with an agreed amount endorsement (such that the insurance carrier has carrier(s) has/have accepted the amount of coverage and has agreed that there will be no co-insurance penalty), covering the major components of the central heating, air conditioning and ventilating systems, boilers, other pressure vessels, high pressure piping piping, and machinery, elevators elevators, and escalators, if any, and other similar equipment installed in such Facility, in an amount equal to 100% of the full replacement cost of such Facility, which policy policies shall insure against physical damage to and loss of occupancy and use of such Facility arising out of an accident, explosion, or breakdown covered thereunder all with an aggregate loss limit per occurrence of not less than [_____]thereunder; 8.1.3 If there is any storage tank, whether above ground or below ground, located at such Facility, whether or not in use, Storage Tank Insurance affording the parties protection of not less than [_____] per occurrence 5.1.2.3. Business interruption and in the annual aggregate; 8.1.4 Business Interruption and Extra Expense Coverage extra expense coverage (A) with respect to each Facility for loss of business income time element on an actual loss sustained basis for or, but no less than twelve (12) 12 months, including either covering perils consistent with the requirements of Section 5.1.2.1 (B) with an agreed amount endorsement or a waiver (such that the insurance carrier(s) has accepted the amount of any coverage and has agreed that there will be no co-insurance provisionspenalty), so (C) providing that any covered loss thereunder shall be payable to Tenant and Landlord as to prevent Tenant, Landlord and any other insured thereunder from being a co-insurerjoint loss payees, and (D) containing an extended period indemnity endorsement that provides that the continued loss of business income will be insured until such income returns to the same level it was prior to the loss or the expiration of not fewer than six (6) months after the date of the completed repairs; 5.1.2.4. Builder’s risk insurance coverage, at all times during which Alterations or structural construction or repairs are being made with respect to any Facility, and only if the coverage under Section 5.1.2.1 above does not otherwise apply, secured and written on a completed value form, (a) covering all risks insured against pursuant to Section 5.1.2.1 above, (b) including permission for early occupancy of the Facilities, (c) with an aggregate loss limit per occurrence agreed amount endorsement (such that the insurance carrier(s) has accepted the amount of not less than [_____]coverage and has agreed that there will be no co-insurance penalty) and (d) covering the interests of Landlord and Tenant and their respective architects, engineers, contractors and subcontractors; 8.1.5 5.1.2.5. Commercial General Liability Coverage (including general liability insurance coverage with respect to each Facility including, but not limited to, premises operations, products and completed operations liability and broad form coverageliability, liquor liability, broad form property damage, blanket contractual liability, independent contractors liabilityliability for insured contracts, personal injury and advertising injury coverage) coverage and medical payments coverage against claims for bodily injury, death, personal and advertising injury, medical expenses, and property damage occurring on, in or about such Facility, affording the parties protection Landlord Insured Parties defense and indemnity protection, including healthcare professional liability coverage, occurrence or claims-made form with respect to all Facilities for damages for bodily injury, death, loss of service, or otherwise on account of professional services rendered or which should have been rendered, with no exclusion for [***], in a minimum amount of not less than $[_____***] per each occurrence or claim and $[_____***] in the annual aggregate; 5.1.2.6. Workers’ compensation insurance coverage with respect to each Facility for injuries or occupational illness sustained by Tenant’s employees in the course of their employment and otherwise consistent with all applicable statutory and Legal Requirements and employer’s liability insurance coverage with limits of not less than $[***] each accident, $[***] bodily injury due to disease each employee and $[***] bodily injury due to disease policy limit and excess workers’ compensation with a limit not less than $[***] and excess workers’ compensation with limits not less than $[***] each accident dedicated to the Ohio locations only. In states where permissible, Tenant can provide similar coverage on a nonsubscriber basis; 5.1.2.7. Motor vehicle liability insurance for all owned and non-owned vehicles, including any rented, hired, and/or leased vehicles, covering bodily injury, including death, and property damage with limits not less than $[***] each accident; 5.1.2.8. Umbrella/excess liability insurance in addition to primary coverage in an amount not less than $[***] each occurrence or claim and $[***] annual aggregate, on terms consistent with the commercial general liability insurance and healthcare professional liability policy, motor vehicle liability policies and employer’s liability policies required under this Section 5.1.2 and covering all claims typically covered by an umbrella/excess liability policy; 5.1.2.9. Crime insurance against employee dishonesty, with limits not less than $[***] per incident, including coverage for third parties; 5.1.2.10. Employment practices liability insurance on a claims made basis, with limits not less than $[***] per claim, including coverage for third parties; 5.1.2.11. Liquor liability insurance which may be on a claims made or occurrence basis covering dram shop liability if liquor is sold on the Premises, with limits not less than $[***] each incident and $[***] annual aggregate; and 5.1.2.12. Deductibles/self-insured retentions for the above policies shall not be greater than a $[***] deductible/self-insured retention for property insurance with a maximum [***]% of total insured values deductible/self-insured retention for high hazard wind, a maximum $[***] deductible/self-insured retention for flood and a maximum [***]% of total insured values deductible/self-insured retention for earthquake coverage; a $[***] deductible/self-insured retention for workers’ compensation/employer’s liability under nonsubscriber programs and under the Ohio excess workers’ compensation policy; a $[***] deductible/self-insured retention for motor vehicle liability; a $[***] deductible/self-insured retention for crime; a $[***] deductible/self-insured retention for employment practices liability; and a $[***] deductible/self-insured retention each claim for commercial general liability and a $[***] deductible/self-insured retention each claim for healthcare professional liability.