Common use of Required Policy Attributes Clause in Contracts

Required Policy Attributes. Except as the Agency shall expressly otherwise agree in writing in its sole and absolute discretion: (i) The Lessee shall cause each Policy (other than Worker’s Compensation insurance and auto liability insurance) to name the Agency as an additional insured on a primary and non-contributory basis as more particularly required in Section 8.1(f)(i). (ii) No Policy shall have a deductible. (iii) CGL shall not be subject to SIR. (iv) CGL and Auto Liability shall be written on, respectively, ISO Form CG-0001 and ISO Form CA-0001, or on such other equivalent forms as same may be reasonably acceptable to the Agency but only if the substitute form being proposed as equivalent is provided to the Agency sixty (60) days prior to the intended effective date. (v) The Lessee acknowledges that the Agency is materially relying upon the content of ISO Form CG-0001 (or its equivalent if applicable) to implement the Agency’s insurance requirements under this Section 8.1; accordingly, the Lessee agrees that non-standard exclusions and other modifications to ISO Form CG-0001 (or to its equivalent if applicable) are prohibited under the terms and conditions of this Section 8.1. By way of example and not limitation, no Policy delivered hereunder shall limit (whether by exception, exclusion, endorsement, script or other modification) any of the following coverage attributes: (A) contractual liability coverage insuring the contractual obligations of the Insureds; (B) employer’s liability coverage; (C) coverage for claims arising under New York Labor Law; (D) the right of the Insureds to name additional insureds including the Agency; (E) the applicability of CGL coverage to the Agency as an additional insured in respect of liability arising out of any of the following claims:

Required Policy Attributes. Except as the Agency shall expressly otherwise agree in writing in its sole and absolute discretion: (i) The Lessee shall cause each Policy (other than Worker’s Compensation insurance and auto liability insurance) to name the Agency as an additional insured on a primary and non-contributory basis as more particularly required in Section 8.1(f)(i). In addition, each Contractor must protect the Agency as an additional insured on a primary and non-contributory basis xxx XXX xxxxxxxxxxxx XX 00 00 and CG 20 37 or their equivalents and the endorsements must specifically identify the Agency as an Additional Insured. (ii) No Policy shall have a deductible. (iii) CGL shall not be subject to SIR. (iv) CGL and Auto Liability shall be written on, respectively, ISO Form CG-0001 and ISO Form CA-0001, or on such other equivalent forms as same may be reasonably acceptable to the Agency but only if the substitute form being proposed as equivalent is provided to the Agency sixty (60) days prior to the intended effective date. (v) The Lessee acknowledges that the Agency is materially relying upon the content of ISO Form CG-0001 (or its equivalent if applicable) to implement the Agency’s insurance requirements under this Section 8.1; accordingly, the Lessee agrees that non-standard exclusions and other modifications to ISO Form CG-0001 (or to its equivalent if applicable) are prohibited under the terms and conditions of this Section 8.1. By way of example and not limitation, no Policy delivered hereunder shall limit (whether by exception, exclusion, endorsement, script or other modification) any of the following coverage attributes: (A) contractual liability coverage insuring the contractual obligations of the Insureds; (B) employer’s liability coverage; (C) coverage for claims arising under New York Labor Law; (D) the right of the Insureds to name additional insureds including the Agency; (E) the applicability of CGL coverage to the Agency as an additional insured in respect of liability arising out of any of the following claims:

Required Policy Attributes. Except as the Agency shall expressly otherwise agree in writing in its sole and absolute discretion: (i) The Lessee shall cause each Policy (other than Worker’s Compensation insurance and auto liability insurance) to name the Agency as an additional insured on a primary and non-contributory basis as more particularly required in Section 8.1(f)(i). (ii) No Policy shall have a deductibledeductible other than an OCIP policy. (iii) CGL shall not be subject to SIR. (iv) CGL and Auto Liability liability insurance shall be written on, respectively, ISO Form CG-0001 and ISO Form CA-0001, or on such other equivalent forms as same may be reasonably acceptable to the Agency but only if the substitute form being proposed as an equivalent is provided to the Agency sixty (60) days prior to the intended effective date. (v) The Lessee acknowledges that the Agency is materially relying upon the content of ISO Form CG-0001 (or its equivalent if applicable) to implement the Agency’s insurance requirements under this Section 8.1; accordingly, the Lessee agrees that non-standard exclusions and other modifications to ISO Form CG-0001 (or to its equivalent if applicable) are prohibited under the terms and conditions of this Section 8.1. By way of example and not limitation, no Policy delivered hereunder shall limit (whether by exception, exclusion, endorsement, script or other modification) any of the following coverage attributes: (A) contractual liability coverage insuring the contractual obligations of the InsuredsInsured; (B) employer’s liability coverage; (C) coverage for claims arising under New York Labor Law; (D) the right of the Insureds Insured to name additional insureds including the Agency; (E) the applicability of CGL coverage to the Agency as an additional insured in respect of liability arising out of any of the following claims:: (x) claims against the Agency by employees of the Insured, or (y) claims against the Agency by any GC, CM, Contractor, architect or engineer or by the employees of any of the foregoing, or

Required Policy Attributes. Except as the Agency shall expressly otherwise agree in writing in its sole and absolute discretion: (i) The Lessee shall cause each Policy (other than Worker’s Compensation insurance and auto liability insurance) to name the Agency as an additional insured on a primary and non-contributory basis as more particularly required in Section 8.1(f)(i). (ii) No Policy shall have a deductible. (iii) CGL shall not be subject to SIR. (iv) CGL and Auto Liability shall be written on, respectively, ISO Form CG-0001 and ISO Form CA-0001, or on such other equivalent forms as same may be reasonably acceptable to the Agency but only if the substitute form being proposed as equivalent is provided to the Agency sixty (60) days prior to the intended effective date. (v) The Lessee acknowledges that the Agency is materially relying upon the content of ISO Form CG-0001 (or its equivalent if applicable) to implement the Agency’s insurance requirements under this Section 8.1; accordingly, the Lessee agrees that non-standard exclusions and other modifications to ISO Form CG-0001 (or to its equivalent if applicable) are prohibited under the terms and conditions of this Section 8.1. By way of example and not limitation, no Policy delivered hereunder shall limit (whether by exception, exclusion, endorsement, script or other modification) any of the following coverage attributes: (A) contractual liability coverage insuring the contractual obligations of the Insureds; (B) employer’s liability coverage; (C) coverage for claims arising under New York Labor Law; (D) the right of the Insureds to name additional insureds including the Agency; (EC) the applicability of CGL coverage to the Agency as an additional insured in respect of liability arising out of any of the following claims:

Required Policy Attributes. Except as the Agency shall expressly otherwise agree in writing in its sole and absolute discretion: (i) The Lessee shall cause each Policy (other than Worker’s Compensation insurance and auto liability insurance) to name the Agency as an additional insured on a primary and non-contributory basis as more particularly required in Section 8.1(f)(i). (ii) No Policy shall have a deductible. (iii) CGL shall not be subject to SIR. (iv) CGL and Auto Liability shall be written on, respectively, ISO Form CG-0001 CG- 0001 and ISO Form CA-0001, or on such other equivalent forms as same may be reasonably acceptable to the Agency but only if the substitute form being proposed as equivalent is provided to the Agency sixty (60) days prior to the intended effective date. (v) The Lessee acknowledges that the Agency is materially relying upon the content of ISO Form CG-0001 (or its equivalent if applicable) to implement the Agency’s insurance requirements under this Section 8.1; accordingly, the Lessee agrees that non-standard exclusions and other modifications to ISO Form CG-0001 (or to its equivalent if applicable) are prohibited under the terms and conditions of this Section 8.1. By way of example and not limitation, no Policy delivered hereunder shall limit (whether by exception, exclusion, endorsement, script or other modification) any of the following coverage attributes: (A) contractual liability coverage insuring the contractual obligations of the Insureds; (B) employer’s liability coverage; (C) coverage for claims arising under New York Labor Law; (D) the right of the Insureds to name additional insureds including the Agency; (E) the applicability of CGL coverage to the Agency as an additional insured in respect of liability arising out of any of the following claims:: (x) claims against the Agency by employees of an Insured, or (y) claims against the Agency by any GC, CM, Contractor, architect or engineer or by the employees of any of the foregoing, or

Required Policy Attributes. Except as the Agency Issuer and the Trustee shall expressly otherwise agree in writing in its their sole and absolute discretion: (i) The Lessee Institution shall cause each Policy (other than Worker’s Compensation insurance and auto liability insurance) to name the Agency Issuer, the Initial Purchaser and the Trustee as an additional insured insureds on a primary and non-contributory basis as more particularly required in Section 8.1(f)(i). (ii) No Policy shall have a deductible. (iii) CGL shall not be subject to SIR. (iv) CGL and Auto Liability shall be written on, respectively, on either ISO Form CG-0001 or on such other form that the Institution may request provided that any requested substitute shall provide an additional insured with substantially equivalent coverage to that enjoyed by an additional insured in a policy written on ISO Form CG-0001 and provided further that the substitute is reasonably approved by the Issuer. If the Insured intends to renew its CGL on a form that is not ISO Form CA-0001CG-0001, or on such other equivalent forms as same may be reasonably acceptable to it shall provide the Agency but only if Issuer and the Trustee with a copy of the substitute form being proposed as equivalent is provided to the Agency at least sixty (60) days prior to the intended effective datedate on which the renewal Policy is to be effective. (v) The Lessee Institution acknowledges that the Agency is Issuer, the Initial Purchaser and the Trustee are materially relying upon the content of ISO Form CG-0001 (or its equivalent if applicable) to implement the AgencyIssuer’s insurance requirements under this Section 8.1; accordingly, the Lessee Institution agrees that non-non- standard exclusions and other modifications to ISO Form CG-0001 (or to its equivalent if applicable) are prohibited under the terms and conditions of this Section 8.1. By way In the event that ISO either ceases to exist or discontinues ISO Form CG-0001, the Issuer, the Initial Purchaser or the Trustee shall have the right to require, for all purposes hereunder, a different CGL form, provided that the replacement is substantially similar to ISO Form CG-0001. (vi) Without limiting Section 8.1(d)(v) or the application of example and not limitationany other requirement under this Section 8.1, no Policy delivered hereunder shall limit (whether by exception, exclusion, endorsement, script or other modification) any of the following coverage attributes: (A) contractual liability coverage insuring the contractual obligations of the InsuredsInsured; (B) employer’s liability coverage; (C) coverage for claims arising under New York Labor Law; (D) the right of the Insureds Insured to name additional insureds including the AgencyIssuer, the Initial Purchaser and the Trustee; (EC) the applicability of CGL coverage to the Agency Issuer, the Initial Purchaser and the Trustee as an additional insured insureds in respect of liability arising out of any of the following claims:: (x) claims against the Issuer, the Initial Purchaser and/or the Trustee by employees of the Insured, or (y) claims against the Issuer, the Initial Purchaser and/or the Trustee by any GC, CM, Contractor, architect or engineer or by the employees of any of the foregoing, or (z) claims against the Issuer, the Initial Purchaser and/or the Trustee arising out of any work performed by a GC, CM, Contractor, architect or engineer. (vii) U/E shall follow the form of CGL except that U/E may be broader. (viii) Each Policy shall provide primary insurance and the issuing Insurer shall not have a right of contribution from any other insurance policy insuring the Issuer, the Initial Purchaser and/or the Trustee. (ix) In each Policy, the Insurer shall waive, as against any Person insured under such Policy including any additional insured, the following: (x) any right of subrogation,

Required Policy Attributes. Except as the Agency shall expressly otherwise agree in writing in its sole and absolute discretion: (i) The Lessee shall cause each Policy (other than Worker’s Compensation insurance and auto liability insurance) to name the Agency as an additional insured on a primary and non-contributory basis as more particularly required in Section 8.1(f)(i). In addition, each Contractor must protect the Agency as an additional insured on a primary and non-contributory basis via ISO endorsements CG 20 26 and CG 20 37 or their equivalents and the endorsements must specifically identify the Agency as an Additional Insured. (ii) No Policy shall have a deductible. (iii) CGL shall not be subject to SIR. (iv) CGL and Auto Liability shall be written on, respectively, ISO Form CG-0001 and ISO Form CA-0001, or on such other equivalent forms as same may be reasonably acceptable to the Agency but only if the substitute form being proposed as equivalent is provided to the Agency sixty (60) days prior to the intended effective date. (v) The Lessee acknowledges that the Agency is materially relying upon the content of ISO Form CG-0001 (or its equivalent if applicable) to implement the Agency’s insurance requirements under this Section 8.1; accordingly, the Lessee agrees that non-standard exclusions and other modifications to ISO Form CG-0001 (or to its equivalent if applicable) are prohibited under the terms and conditions of this Section 8.1. By way of example and not limitation, no Policy delivered hereunder shall limit (whether by exception, exclusion, endorsement, script or other modification) any of the following coverage attributes: (A) contractual liability coverage insuring the contractual obligations of the InsuredsInsured; (B) employer’s liability coverage; (C) coverage for claims arising under New York Labor Law; (D) the right of the Insureds Insured to name additional insureds including the Agency; (E) the applicability of CGL coverage to the Agency as an additional insured in respect of liability arising out of any of the following claims:

Required Policy Attributes. Except as the Agency shall expressly otherwise agree in writing in its sole and absolute discretion: (i) The Lessee shall cause each Policy (other than Worker’s Compensation insurance and auto liability insurance) to name the Agency as an additional insured on a primary and non-contributory basis as more particularly required in Section 8.1(f)(i). (ii) No Policy shall have a deductibledeductible which is not fully funded in a dedicated irrevocable escrow account maintained with the Insurer, or otherwise secured in such account by an Insurer or surety in each case meeting the requirements of Section 8.1(e). (iii) CGL shall not be subject to SIR. (iv) CGL and Auto Liability liability insurance shall be written on, respectively, ISO Form CG-0001 and ISO Form CA-0001, or on such other equivalent forms as same may be reasonably acceptable to the Agency Agency, but only if the substitute form being proposed as an equivalent is provided to the Agency sixty (60) days prior to the intended effective date. (v) The Lessee acknowledges that the Agency is materially relying upon the content of ISO Form CG-0001 (or its equivalent if applicable) to implement the Agency’s insurance requirements under this Section 8.1; accordingly, the Lessee agrees that non-standard exclusions and other modifications to ISO Form CG-0001 (or to its equivalent if applicable) are prohibited under the terms and conditions of this Section 8.1. By way of example and not limitation, no Policy delivered hereunder shall limit (whether by exception, exclusion, endorsement, script or other modification) any of the following coverage attributes: (A) contractual liability coverage insuring the contractual obligations of the InsuredsInsured; (B) employer’s liability coverage; (C) coverage for claims arising under New York Labor Law; (D) the right of the Insureds Insured to name additional insureds including the Agency; (E) the applicability of CGL coverage to the Agency as an additional insured in respect of liability arising out of any of the following claims: (x) claims against the Agency by employees of the Insured, or (y) claims against the Agency by any GC, CM, Contractor, architect or engineer or by the employees of any of the foregoing, or (z) claims against the Agency arising out of any work performed by a GC, CM, Contractor, architect or engineer. (vi) U/E shall follow the form of CGL except that U/E may be broader. (vii) The Policies for CGL and U/E shall each provide primary insurance and the issuing Insurer shall not have a right of contribution from any other insurance policy insuring the Agency. (viii) In each Policy, the Insurer shall waive, as against any Person insured under such Policy (including the Agency as an additional insured), the following:

Required Policy Attributes. Except as the Agency shall expressly otherwise agree in writing in its sole and absolute discretion: (i) The Lessee shall cause each Policy (other than Worker’s Compensation insurance and auto liability insurance) to name the Agency as an additional insured on a primary and non-contributory basis as more particularly required in Section 8.1(f)(i). (ii) No The deductible for each Policy shall have a deductiblebe commercially reasonable. (iii) CGL shall not be subject to SIR. (iv) CGL and Auto Liability liability insurance shall be written on, respectively, ISO Form CG-0001 and ISO Form CA-0001, or on such other equivalent forms as same may be reasonably acceptable to the Agency but only if the substitute form being proposed as an equivalent is provided to the Agency sixty (60) days prior to the intended effective date. (v) The Lessee acknowledges that the Agency is materially relying upon the content of ISO Form CG-0001 (or its equivalent if applicable) to implement the Agency’s insurance requirements under this Section 8.1; accordingly, the Lessee agrees that non-standard exclusions and other modifications to ISO Form CG-0001 (or to its equivalent if applicable) are prohibited under the terms and conditions of this Section 8.1. By way of example and not limitation, no Policy delivered hereunder shall limit (whether by exception, exclusion, endorsement, script or other modification) any of the following coverage attributes: (A) contractual liability coverage insuring the contractual obligations of the InsuredsInsured; (B) employer’s liability coverage; (C) coverage for claims arising under New York Labor Law; (D) the right of the Insureds Insured to name additional insureds including the Agency; (E) the applicability of CGL coverage to the Agency as an additional insured in respect of liability arising out of any of the following claims:: (x) claims against the Agency by employees of the Insured, or (y) claims against the Agency by any GC, CM, Contractor, architect or engineer or by the employees of any of the foregoing, or

Required Policy Attributes. Except as the Agency shall expressly otherwise agree in writing in its sole and absolute discretion: (i) The Lessee shall cause each Policy (other than Worker’s Compensation insurance and auto liability insurance) to name the Agency as an additional insured on a primary and non-contributory basis as more particularly required in Section 8.1(f)(i). (ii) No Policy shall have a deductible. (iii) CGL shall not be subject to SIR. (iv) CGL and Auto Liability shall be written on, respectively, ISO Form CG-0001 CG- 0001 and ISO Form CA-0001, or on such other equivalent forms as same may be reasonably acceptable to the Agency but only if the substitute form being proposed as equivalent is provided to the Agency sixty (60) days prior to the intended effective date. (v) The Lessee acknowledges that the Agency is materially relying upon the content of ISO Form CG-0001 (or its equivalent if applicable) to implement the Agency’s insurance requirements under this Section 8.1; accordingly, the Lessee agrees that non-standard exclusions and other modifications to ISO Form CG-0001 (or to its equivalent if applicable) are prohibited under the terms and conditions of this Section 8.1. By way of example and not limitation, no Policy delivered hereunder shall limit (whether by exception, exclusion, endorsement, script or other modification) any of the following coverage attributes: (A) contractual liability coverage insuring the contractual obligations of the Insureds; (B) employer’s liability coverage; (C) coverage for claims arising under New York Labor Law; (D) the right of the Insureds to name additional insureds including the Agency; (E) the applicability of CGL coverage to the Agency as an additional insured in respect of liability arising out of any of the following claims:: (x) claims against the Agency by employees of an Insured, or (y) claims against the Agency by any GC, CM, Contractor, architect or engineer or by the employees of any of the foregoing, or (z) claims against the Agency arising out of any work performed by a GC, CM, Contractor, architect or engineer. (vi) U/E shall follow the form of CGL except that U/E may be broader. (vii) The Policies for CGL and U/E shall each provide primary insurance and the issuing Insurer shall not have a right of contribution from any other insurance policy insuring the Agency. (viii) In each Policy, the Insurer shall waive, as against any Person insured under such Policy including any additional insured, the following: (x) any right of subrogation, (y) any right to set-off or counterclaim against liability incurred by a primary insured or any additional insured, and (z) any other deduction, whether by attachment or otherwise, in respect of any liability incurred by any primary insured or additional insured. (ix) The Agency shall not be liable for any insurance premium, commission or assessment under or in connection with any Policy.

Required Policy Attributes. Except as the Agency shall expressly otherwise agree in writing in its sole and absolute discretion: (i) The Lessee shall cause each Policy (other than Worker’s Compensation insurance and auto liability insurance) to name the Agency as an additional insured on a primary and non-contributory basis as more particularly required in Section 8.1(f)(i). (ii) No Policy shall have a deductible. (iii) CGL shall not be subject to SIR. (iv) CGL and Auto Liability shall be written on, respectively, ISO Form CG-0001 and ISO Form CA-0001, or on such other equivalent forms as same may be reasonably acceptable to the Agency but only if the substitute form being proposed as equivalent is provided to the Agency sixty (60) days prior to the intended effective date. (v) The Lessee acknowledges that the Agency is materially relying upon the content of ISO Form CG-0001 (or its equivalent if applicable) to implement the Agency’s insurance requirements under this Section 8.1; accordingly, the Lessee agrees that non-standard exclusions and other modifications to ISO Form CG-0001 (or to its equivalent if applicable) are prohibited under the terms and conditions of this Section 8.1. By way of example and not limitation, no Policy delivered hereunder shall limit (whether by exception, exclusion, endorsement, script or other modification) any of the following coverage attributes: (A) contractual liability coverage insuring the contractual obligations of the Insureds; (B) employer’s liability coverage; (C) coverage for claims arising under New York Labor Law; (D) the right of the Insureds to name additional insureds including the Agency; (E) the applicability of CGL coverage to the Agency as an additional insured in respect of liability arising out of any of the following claims:: (x) claims against the Agency by employees of an Insured, or (y) claims against the Agency by any GC, CM, Contractor, architect or engineer or by the employees of any of the foregoing, or

Required Policy Attributes. Except as the Agency shall expressly otherwise agree in writing in its sole and absolute discretion: (i) The Lessee shall cause each Policy (other than Worker’s Compensation insurance and auto liability insurance) to name the Agency as an additional insured on a primary and non-contributory basis as more particularly required in Section 8.1(f)(i). (ii) No Policy shall have a deductibledeductible in excess of $100,000. (iii) CGL shall not be subject to SIR. (iv) CGL and Auto Liability shall be written on, respectively, ISO Form CG-0001 and ISO Form CA-0001, or on such other equivalent forms as same may be reasonably acceptable to the Agency but only if the substitute form being proposed as equivalent is provided to the Agency sixty (60) days prior to the intended effective date. (v) The Lessee acknowledges that the Agency is materially relying upon the content of ISO Form CG-0001 (or its equivalent if applicable) to implement the Agency’s insurance requirements under this Section 8.1; accordingly, the Lessee agrees that non-standard exclusions and other modifications to ISO Form CG-0001 (or to its equivalent if applicable) are prohibited under the terms and conditions of this Section 8.1. By way of example and not limitation, no Policy delivered hereunder shall limit (whether by exception, exclusion, endorsement, script or other modification) any of the following coverage attributes: (A) contractual liability coverage insuring the contractual obligations of the Insureds; (B) employer’s liability coverage; (C) coverage for claims arising under New York Labor Law; (D) the right of the Insureds to name additional insureds including the Agency; (E) the applicability of CGL coverage to the Agency as an additional insured in respect of liability arising out of any of the following claims:: (x) claims against the Agency by employees of an Insured, or (y) claims against the Agency by any GC, CM, Contractor, architect or engineer or by the employees of any of the foregoing, or (z) claims against the Agency arising out of any work performed by a GC, CM, Contractor, architect or engineer. (vi) U/E shall follow the form of CGL except that U/E may be broader. (vii) The Policies for CGL and U/E shall each provide primary insurance and the issuing Insurer shall not have a right of contribution from any other insurance policy insuring the Agency. (viii) In each Policy, the Insurer shall waive, as against any Person insured under such Policy including any additional insured, the following: (x) any right of subrogation, (y) any right to set-off or counterclaim against liability incurred by a primary insured or any additional insured, and (z) any other deduction, whether by attachment or otherwise, in respect of any liability incurred by any primary insured or additional insured. (ix) The Agency shall not be liable for any insurance premium, commission or assessment under or in connection with any Policy.