Common use of Risk of Loss and Insurance Clause in Contracts

Risk of Loss and Insurance. Debtor shall bear all risk of loss with respect to the Collateral. The injury to or loss of Collateral, either partial or total, shall not release Debtor from payment or other performance hereof. Debtor agrees to obtain and keep in force property insurance on the Collateral with a lender’s loss payable endorsement in favor of Secured Party and commercial general liability insurance naming Secured Party as additional insured, and such other insurance as Secured Party may require from time to time. Such insurance is to be in form and amounts satisfactory to Secured Party and issued by reputable insurance carriers reasonably satisfactory to Secured Party. All such policies shall provide to Secured Party a minimum of thirty (30) days written notice of cancellation. Debtor shall furnish to Secured Party copies of such policies, or other evidence of such policies satisfactory to Secured Party. If Debtor fails to obtain or maintain in force such insurance or fails to furnish such evidence, Secured Party is authorized, but not obligated, to purchase any or all such insurance protecting such interest as Secured Party deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all at its discretion, and at Debtor’s expense, in accordance with the terms of the Loan Agreement. In such event, Debtor agrees to reimburse Secured Party for the cost of such insurance and Secured Party may add such cost to the Obligations. Debtor shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor hereby assigns to Secured Party the proceeds of all property insurance covering the Collateral up to the amount of the Obligations and directs any insurer to make payments directly to Secured Party. Debtor hereby appoints Secured Party its attorney-in-fact, which appointment shall be irrevocable and coupled with an interest for so long as Obligations are unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage to or destruction of Collateral, to agree to and bind Debtor as to the amount of said recovery, to designate any payees of such recovery, to grant releases to insurer, to grant subrogation rights to any insurer, and to endorse any settlement check or draft. Debtor agrees not to exercise any of the foregoing powers granted to Secured Party without Secured Party’s prior written consent.

Risk of Loss and Insurance. Debtor shall bear all risk of loss with respect to the Collateral. The injury to or loss of Collateral, either partial or total, shall not release Debtor from payment or other performance hereof. Debtor agrees to obtain and keep in force property insurance on the Collateral with a lenderLender’s loss payable endorsement Loss Payable Endorsement in favor of Secured Party Bank and commercial general liability insurance naming Secured Party Bank as additional insured, Additional Insured and such other insurance as Secured Party Bank may require from time to time. Such insurance is to be in form and amounts satisfactory to Secured Party Bank and issued by reputable insurance carriers reasonably satisfactory to Secured PartyBank with a Best Insurance Report Key Rating of at least “A-“. All such policies shall provide to Secured Party Bank a minimum of thirty (30) 30 days written notice of cancellation. Debtor shall furnish to Secured Party copies of Bank such policies, or other evidence of such policies satisfactory to Secured PartyBank. If Debtor fails to obtain or maintain in force such insurance or fails to furnish such evidence, Secured Party Bank is authorized, but not obligated, to purchase any or all such insurance or "Single Interest Insurance" protecting such interest as Secured Party Bank deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all at its discretion, and at Debtor’s 's expense, in accordance with the terms of the Loan Agreement. In such event, Debtor agrees to reimburse Secured Party Bank for the cost of such insurance and Secured Party Bank may add such cost to the Secured Obligations. Debtor shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor hereby assigns to Secured Party Bank the proceeds of all property insurance covering the Collateral up to the amount of the Secured Obligations and directs any insurer to make payments directly to Secured PartyBank. Debtor hereby appoints Secured Party Bank its attorney-in-fact, which appointment shall be irrevocable and coupled with an interest for so long as Secured Obligations are unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage to or destruction of Collateral, to agree to and bind Debtor as to the amount of said recovery, to designate any payees payee(s) of such recovery, to grant releases to insurer, to grant subrogation rights to any insurer, and to endorse any settlement check or draft. Debtor agrees not to exercise any of the foregoing powers granted to Secured Party Bank without Secured Party’s Bank's prior written consent.

Risk of Loss and Insurance. Debtor shall bear all risk of loss with respect to the Collateral. The injury to or loss of Collateral, either partial or total, shall not release Debtor from payment or other performance hereof. Debtor agrees to obtain and keep in force property insurance on the Collateral with a lenderLender’s loss payable endorsement Loss Payable Endorsement in favor of Secured Party Bank and commercial general liability insurance naming Secured Party Bank as additional insured, Additional Insured and such other insurance as Secured Party Bank may require from time to time. Such insurance is to be in form and amounts satisfactory to Secured Party Bank and issued by reputable insurance carriers reasonably satisfactory to Secured PartyBank with a Best Insurance Report Key Rating of at least “A-”. All such policies shall provide to Secured Party Bank a minimum of thirty (30) 30 days written notice of cancellation. Debtor shall furnish to Secured Party copies of Bank such policies, or other evidence of such policies satisfactory to Secured PartyBank. If Debtor fails to obtain or maintain in force such insurance or fails to furnish such evidence, Secured Party Bank is authorized, but not obligated, to purchase any or all such insurance or “Single Interest Insurance” protecting such interest as Secured Party Bank deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all at its discretion, and at Debtor’s expense, in accordance with the terms of the Loan Agreement. In such event, Debtor agrees to reimburse Secured Party Bank for the cost of such insurance and Secured Party Bank may add such cost to the Obligations. Debtor shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor hereby assigns to Secured Party Bank the proceeds of all property insurance covering the Collateral up to the amount of the Obligations and directs any insurer to make payments directly to Secured PartyBank. Debtor hereby appoints Secured Party Bank its attorney-in-fact, which appointment shall be irrevocable and coupled with an interest for so long as Obligations are unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage to or destruction of Collateral, to agree to and bind Debtor as to the amount of said recovery, to designate any payees payee(s) of such recovery, to grant releases to insurer, to grant subrogation rights to any insurer, and to endorse any settlement check or draft. Debtor agrees not to exercise any of the foregoing powers granted to Secured Party Bank without Secured PartyBank’s prior written consent.

Risk of Loss and Insurance. Debtor shall bear all risk of loss with respect to the Collateral. The injury to or loss of Collateral, either partial or total, shall not release Debtor from payment or other performance hereof. Debtor agrees to obtain and keep in force property insurance on covering the Collateral with a lender’s naming Bank as loss payable endorsement in favor of Secured Party and commercial general liability insurance naming Secured Party as additional insured, and such other insurance as Secured Party may require from time to timepayee. Such insurance is to shall cover such risks as Bank may require and shall be in form and amounts satisfactory to Secured Party and issued by reputable insurance carriers reasonably such companies as are satisfactory to Secured PartyBank. All such policies shall provide to Secured Party Bank a minimum of thirty (30) 30 days written notice of cancellation. Debtor shall furnish to Secured Party copies of Bank such policies, or other evidence of such policies satisfactory to Secured PartyBank. If Debtor fails to obtain or maintain in force such insurance or fails to furnish such evidence, Secured Party Bank is authorized, but not obligated, to purchase any or all such insurance or "Single Interest Insurance" protecting such interest as Secured Party Bank deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all at its discretion, and at Debtor’s 's expense, in accordance with the terms of the Loan Agreement. In such event, Debtor agrees to reimburse Secured Party Bank for the cost of such insurance and Secured Party Bank may add such cost to the Obligations. Debtor shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor hereby assigns to Secured Party Bank the proceeds of all property such insurance covering the Collateral up to the amount of the Obligations and directs any insurer to make payments directly to Secured PartyBank. Debtor hereby appoints Secured Party Bank its attorney-in-factattorney‑in‑fact, which appointment shall be irrevocable and coupled with an interest for so long as Obligations are unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage to or destruction of Collateral, to agree to and bind Debtor as to the amount of said recovery, to designate any payees payee(s) of such recovery, to grant releases to insurer, to grant subrogation rights to any insurer, and to endorse any settlement check or draft. Debtor agrees not to exercise any of the foregoing powers granted to Secured Party Bank without Secured Party’s Bank's prior written consent.

Risk of Loss and Insurance. Debtor shall bear all risk of loss with respect to the Collateral. The injury to or loss of Collateral, either partial or total, shall not release Debtor from payment or other performance hereof. Debtor agrees to obtain and keep in force property insurance on the Collateral with a lenderLender’s loss payable endorsement Loss Payable Endorsement in favor of Secured Party Bank and commercial general liability insurance naming Secured Party Bank as additional insured, Additional Insured and such other insurance as Secured Party Bank may require from time to time. Such insurance is to be in form and amounts satisfactory to Secured Party Bank and issued by reputable insurance carriers reasonably satisfactory to Secured PartyBank with a Best Insurance Report Key Rating of at least “A-”. All such policies shall provide to Secured Party Bank a minimum of thirty (30) 30 days written notice of cancellation. Debtor shall furnish to Secured Party copies of Bank such policies, or other evidence of such policies satisfactory to Secured PartyBank. If Debtor fails to obtain or maintain in force such insurance or fails to furnish such evidence, Secured Party Bank is authorized, but not obligated, to purchase any or all such insurance or “Single Interest Insurance” protecting such interest as Secured Party Bank deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all at its discretion, and at Debtor’s expense, in accordance with the terms of the Loan Agreement. In such event, Debtor agrees to reimburse Secured Party Bank for the cost of such insurance and Secured Party Bank may add such cost to the Secured Obligations. Debtor shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor hereby assigns to Secured Party Bank the proceeds of all property insurance covering the Collateral up to the amount of the Secured Obligations and directs any insurer to make payments directly to Secured PartyBank. During the continuance of a Default or the occurrence of an event that will likely lead to a Default, Debtor hereby appoints Secured Party Bank its attorney-in-fact, which appointment shall be irrevocable and coupled with an interest for so long as Secured Obligations are unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage to or destruction of Collateral, to agree to and bind Debtor as to the amount of said recovery, to designate any payees payee(s) of such recovery, to grant releases to insurer, to grant subrogation rights to any insurer, and to endorse any settlement check or draft. Debtor agrees not to exercise any of the foregoing powers granted to Secured Party Bank without Secured PartyBank’s prior written consent.

Risk of Loss and Insurance. Debtor Borrower shall bear all risk of loss with respect to the Collateral. The injury to or loss of Collateral, either partial or total, shall not release Debtor Borrower from payment or other performance hereof. Debtor agrees Borrower shall use commercially reasonable efforts to obtain liability insurance, either from its Subsidiaries’ existing insurers or from other insurers reasonably acceptable to Lender, in an amount and covering such risks commensurate with the insurance policies carried by its Subsidiaries, within 15 business days from the date hereof and keep such insurance in force property insurance on the Collateral with a lenderLender’s loss payable endorsement Loss Payable Endorsement in favor of Secured Party Lender and commercial general liability insurance naming Secured Party as additional insured, and such other insurance as Secured Party may require from time to timeits assigns. Such insurance is to be in form and amounts satisfactory to Secured Party and issued by reputable insurance carriers reasonably satisfactory to Secured Party. All such policies shall provide to Secured Party a minimum of thirty (30) days written notice of cancellation. Debtor Borrower shall furnish to Secured Party copies of Lender such policies, or other evidence of such policies satisfactory to Secured PartyLender. If Debtor Borrower fails to obtain or maintain in force such insurance or fails to furnish such evidence, Secured Party Lender is authorized, but not obligated, to purchase any or all such insurance or “Single Interest Insurance” protecting such interest as Secured Party Lender deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all at its discretion, and at DebtorBorrower’s expense, in accordance with the terms of the Loan Agreement. In such event, Debtor Borrower agrees to reimburse Secured Party Lender for the cost of such insurance and Secured Party Lender may add such cost to the Obligations. Debtor Borrower shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor Borrower hereby assigns to Secured Party Lender the proceeds of all property insurance covering the Collateral up to the amount of the Obligations and directs any insurer to make payments directly to Secured PartyLender. Debtor Borrower hereby appoints Secured Party Lender its attorney-in-fact, which appointment shall be irrevocable and coupled with an interest for so long as Obligations are unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage to or destruction of Collateral, to agree to and bind Debtor Borrower as to the amount of said recovery, to designate any payees payee of such recovery, to grant releases to insurer, to grant subrogation rights to any insurer, and to endorse any settlement check or draft. Debtor Borrower agrees not to exercise any of the foregoing powers granted to Secured Party Lender without Secured PartyLender’s prior written consent.

Risk of Loss and Insurance. Debtor shall bear all risk of loss with respect to the Collateral. The injury to or loss of Collateral, either partial or total, shall not release Debtor from payment or other performance hereof. Debtor agrees to obtain and keep in force property casualty and hazard insurance on the Collateral with a lender’s naming Bank as loss payable endorsement in favor of Secured Party and commercial general liability insurance naming Secured Party as additional insured, and such other insurance as Secured Party may require from time to timepayee. Such insurance is to be in form and amounts satisfactory to Secured Party and issued by reputable insurance carriers reasonably satisfactory to Secured PartyBank. All such policies shall provide to Secured Party Bank a minimum of thirty (30) 30 days written notice of cancellation. Debtor shall furnish to Secured Party copies of Bank such policies, or other evidence of such policies satisfactory to Secured PartyBank. If Debtor fails to obtain or maintain in force such insurance or fails to furnish such evidence, Secured Party Bank is authorized, but not obligated, to purchase any or all such insurance or "Single Interest Insurance" protecting such interest as Secured Party Bank deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all Collateral at its discretion, and all at Debtor’s 's expense, in accordance with the terms of the Loan Agreement. In such event, Debtor agrees to reimburse Secured Party Bank for the cost of such insurance and Secured Party Bank may add such cost to the Obligations. Debtor shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor hereby assigns to Secured Party Bank the proceeds of all property such insurance covering the Collateral up to the amount of the Obligations and directs any insurer to make payments directly to Secured PartyBank. Debtor hereby appoints Secured Party Bank its attorney-in-fact, which appointment shall be irrevocable and coupled with an interest for so long as the Obligations are unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage to or destruction of Collateral, to agree to and bind Debtor as to the amount of said recovery, to designate any payees payee(s) of such recovery, to grant releases to insurer, to grant subrogation rights to any insurer, and to endorse any settlement check or draft. Debtor agrees not to exercise any of the foregoing powers granted to Secured Party Bank without Secured Party’s the Bank's prior written consent.

Risk of Loss and Insurance. Debtor shall bear all risk of loss with respect to the Collateral. The injury to or loss of Collateral, either partial or total, shall not release Debtor from payment or other performance hereof. Debtor agrees to obtain and keep in force property insurance on the Collateral with a lenderLender’s loss payable endorsement Loss Payable Endorsement in favor of Secured Party Agent and commercial general liability insurance naming Secured Party Agent as additional insured, Additional Insured and such other insurance as Secured Party Agent may require from time to time. Such insurance is to be in form and amounts satisfactory to Secured Party Agent and issued by reputable insurance carriers reasonably satisfactory to Secured PartyAgent with a Best Insurance Report Key Rating of at least “A-”. All such policies shall provide to Secured Party Agent a minimum of thirty (30) 30 days written notice of cancellation. Debtor shall furnish to Secured Party copies of Agent such policies, or other evidence of such policies satisfactory to Secured PartyAgent. If Debtor fails to obtain or maintain in force such insurance or fails to furnish such evidence, Secured Party Agent is authorized, but not obligated, to purchase any or all such insurance or “Single Interest Insurance” protecting such interest as Secured Party Agent deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all at its discretion, and at Debtor’s expense, in accordance with the terms of the Loan Agreement. In such event, Debtor agrees to reimburse Secured Party Agent for the cost of such insurance and Secured Party Agent may add such cost to the Obligations. Debtor shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor hereby assigns to Secured Party Agent the proceeds of all property insurance covering the Collateral up to the amount of the Obligations and directs any insurer to make payments directly to Secured PartyAgent. Debtor hereby appoints Secured Party Agent its attorney-in-fact, which appointment shall be irrevocable and coupled with an interest for so long as Obligations are unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage to or destruction of Collateral, to agree to and bind Debtor as to the amount of said recovery, to designate any payees payee(s) of such recovery, to grant releases to insurer, to grant subrogation rights to any insurer, and to endorse any settlement check or draft. Debtor agrees not to exercise any of the foregoing powers granted to Secured Party Agent without Secured PartyAgent’s prior written consent.

Risk of Loss and Insurance. Debtor shall bear all risk of loss with respect to the Collateral. The injury to or loss of Collateral, either partial or total, shall not release Debtor from payment or other performance hereof. Debtor agrees to obtain and keep in force property casualty and hazard insurance on the Collateral with a lender’s naming Bank as loss payable endorsement in favor of Secured Party and commercial general liability insurance naming Secured Party as additional insured, and such other insurance as Secured Party may require from time to timepayee. Such insurance is to be in form and amounts satisfactory to Secured Party and issued by reputable insurance carriers reasonably satisfactory to Secured PartyBank. All such policies shall provide to Secured Party Bank a minimum of thirty (30) 30 days written notice of cancellation. Debtor shall furnish to Secured Party copies of Bank such policies, or other evidence of such policies satisfactory to Secured PartyBank. If Debtor fails to obtain or maintain in force such insurance or fails to furnish such evidence, Secured Party Bank is authorized, but not obligated, to purchase any or all such insurance or "Single Interest Insurance" protecting such interest as Secured Party Bank deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all at its discretion, and at Debtor’s 's expense, in accordance with the terms of the Loan Agreement. In such event, Debtor agrees to reimburse Secured Party Bank for the cost of such insurance and Secured Party Bank may add such cost to the Obligations. Debtor shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor hereby assigns to Secured Party Bank the proceeds of all property such insurance covering the Collateral up to the amount of the Obligations and directs any insurer to make payments directly to Secured PartyBank. Debtor hereby appoints Secured Party Bank its attorney-in-fact, which appointment shall be irrevocable and coupled with an interest for so long as the Obligations are unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage to or destruction of Collateral, to agree to and bind Debtor as to the amount of said recovery, to designate any payees payee(s) of such recovery, to grant releases to insurer, to grant subrogation rights to any insurer, and to endorse any settlement check or draft. Debtor agrees not to exercise any of the foregoing powers granted to Secured Party Bank without Secured Party’s the Bank's prior written consent. ADDITIONAL COLLATERAL. If at any time Collateral is unsatisfactory to Bank, then on demand of Bank, Debtor shall immediately furnish such additional Collateral satisfactory to Bank to be held by Bank as if originally pledged hereunder and shall execute such additional security agreements and financing statements as requested by Bank.

Risk of Loss and Insurance. Debtor shall bear all risk of loss with respect to the Collateral. The injury to or loss of Collateral, either partial or total, shall not release Debtor from payment or other performance hereof. Debtor agrees to obtain and keep in force property insurance on the Collateral with a lenderLender’s loss payable endorsement Loss Payable Endorsement in favor of Secured Party Bank and commercial general liability insurance naming Secured Party Bank as additional insured, and such other insurance as Secured Party may require from time to timeAdditional Insured. Such insurance is to be in form and amounts satisfactory to Secured Party Bank and issued by reputable insurance carriers reasonably satisfactory to Secured PartyBank with a Best Insurance Report Key Rating of at least “A-”. All such policies shall provide to Secured Party Bank a minimum of thirty (30) 30 days written notice of cancellation. Debtor shall furnish to Secured Party copies of Bank such policies, or other evidence of such policies satisfactory to Secured PartyBank. If Debtor fails to obtain or maintain in force such insurance or fails to furnish such evidence, Secured Party Bank is authorized, but not obligated, to purchase any or all such insurance or “Single Interest Insurance” protecting such interest as Secured Party Bank deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all at its discretion, and at Debtor’s expense, in accordance with the terms of the Loan Agreement. In such event, Debtor agrees to reimburse Secured Party Bank for the cost of such insurance and Secured Party Bank may add such cost to the Obligations. Debtor shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor hereby assigns to Secured Party Bank the proceeds of all property insurance covering the Collateral up to the amount of the Obligations and directs any insurer to make payments directly to Secured PartyBank. Debtor hereby appoints Secured Party Bank its attorney-in-fact, which appointment shall be irrevocable and coupled with an interest for so long as Obligations are unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage to or destruction of Collateral, to agree to and bind Debtor as to the amount of said recovery, to designate any payees payee(s) of such recovery, to grant releases to insurer, to grant subrogation rights to any insurer, and to endorse any settlement check or draft. Debtor agrees not to exercise any of the foregoing powers granted to Secured Party Bank without Secured PartyBank’s prior written consent.

Risk of Loss and Insurance. Debtor Borrower shall bear all risk of loss with respect to the Collateral. The injury Injury to or loss of Collateral, either partial or total, shall not release Debtor Borrower from payment or other performance hereof. Debtor Borrower agrees to obtain and keep in force property insurance on the Collateral with a lender’s loss payable endorsement Lender's Loss Payable Endorsement in favor of Secured Party Lender and commercial general liability insurance naming Secured Party Lender as additional Additional insured, and such other insurance as Secured Party may require from time to time. Such insurance is to be in form and amounts satisfactory to Secured Party Lender and issued by reputable insurance carriers reasonably satisfactory to Secured PartyLender with a Best Insurance Report Key Rating of at least "A-". All such policies shall provide to Secured Party Lender a minimum of thirty (30) 30 days written notice of cancellation. Debtor Borrower shall furnish to Secured Party copies of Lender such policies, or other evidence of such policies satisfactory to Secured PartyLender. If Debtor Borrower fails to obtain or maintain in force such insurance or fails falls to furnish such evidence, Secured Party evidence Lender is authorized, but not obligated, to purchase any or all such insurance or "Single Interest insurance" protecting such interest as Secured Party Lender deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all at its discretion, and at Debtor’s Borrower's expense, in accordance with the terms of the Loan Agreement. In such event, Debtor Borrower agrees to reimburse Secured Party Lender for the cost of such insurance and Secured Party Lender may add such cost to the Obligations. Debtor Borrower shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor Borrower hereby assigns to Secured Party Lender the proceeds of all property properly insurance covering the Collateral up to the amount of the Obligations and directs any insurer to make payments directly to Secured PartyLender. Debtor Borrower hereby appoints Secured Party Lender its attorney-in-fact, which appointment shall be irrevocable and coupled with an interest for so long as Obligations are unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage to or destruction of Collateral, to agree to and bind Debtor Borrower as to the amount of said recovery, to designate any payees payee(s) of such recovery, to grant releases to insurer, to grant subrogation rights to any insurer, and to endorse any settlement check or draft. Debtor Borrower agrees not to exercise any of the foregoing powers granted to Secured Party Lender without Secured Party’s Lender's prior written consent. FINANCING STATEMENTS, CERTIFICATES OF TITLE, POWER OF ATTORNEY. No financing statement (other than any filed or approved by Lender) covering any Collateral is on file in any public filing office. Borrower authorizes the filing of one or more financing statements covering the Collateral in form satisfactory to Lender, and without Borrower's signature where authorized by law, agrees to deliver certificates of title on which Lender's lien has been indicated covering any Collateral subject to a certificate of title statue, and will pay all costs and expenses of filing or applying for the same or of filing this Security Agreement in all public filing offices, where filing is deemed by Lender to be desirable. Borrower hereby constitutes and appoints Lender the true and lawful attorney of Borrower with full power of substitution to take any and all appropriate action and to execute any and all documents, instruments or applications that may be necessary or desirable to accomplish the purpose and carry out the terms of this Security Agreement, including, without limitation, to complete, execute, and deliver any Control Agreement(s) by Lender, Borrower and Third Party(ies) that may be or become required in connection herewith (individually and collectively the "Control Agreement"), and any instructions to Third Party(ies) regarding, among other things, control and disposition of any Collateral which is the subject of such Control Agreements). The foregoing power of attorney is coupled with an interest and shall be irrevocable until all of the Obligations have been paid in full. Neither Lender nor anyone acting on its behalf shall be liable for acts, omissions, errors in Judgment, or mistakes in fact in such capacity as attorney-in-fact. Borrower ratifies all acts of Lender as attorney-in-fact. Borrower agrees to take such other actions, at Borrower's expense, as might be requested for the perfection, continuation and assignment, in whole or in part, of the security interests granted herein and to assure and preserve Lender's intended priority position. If certificates, passbooks, or other documentation or evidence is/are issued or outstanding as to any of the Collateral, Borrower will cause the security interests of Lender to be property protected, including perfection by notation thereon or delivery thereof to Lender.

Risk of Loss and Insurance. The Debtor shall bear all risk of loss with respect to the Collateral. The injury to or loss of Collateral, either partial or total, shall not release Debtor from payment or other performance hereof. Debtor agrees to obtain and keep in force property casualty and hazard insurance on the Collateral with a lender’s loss payable endorsement in favor of Secured Party and commercial general liability insurance naming Secured Party as additional insured, and such other insurance as Secured Party may require from time to timeCollateral. Such insurance is to be in form and amounts satisfactory to Secured Party and issued by reputable insurance carriers reasonably satisfactory to Secured PartyBank. All such policies shall provide to Secured Party Bank a minimum of thirty (30) days written notice of cancellation; and all policies shall be payable to Bank. Debtor shall furnish to Secured Party copies of Bank such policies, or other evidence of such policies satisfactory to Secured PartyBank. If Debtor fails to obtain or maintain in force such insurance or fails to furnish such evidence, Secured Party Bank is authorized, but not obligated, to purchase any or all such insurance or "Single interest insurance" protecting such interest as Secured Party Bank deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all Collateral at its discretion, and all at Debtor’s 's expense, in accordance with the terms of the Loan Agreement. In such event, Debtor agrees to reimburse Secured Party Bank for the cost of such insurance and Secured Party Bank may add such cost to the Obligations. Debtor shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor hereby assigns to Secured Party Bank the proceeds of all property such insurance covering the Collateral up to the amount of the Obligations and directs any insurer to make payments directly to Secured PartyBank. Debtor hereby appoints Secured Party Bank its attorney-in-fact, which appointment shall be irrevocable and coupled with an interest for so long as the Obligations are unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage to or destruction of Collateral, to agree to and bind Debtor as to the amount of said recovery, to designate any payees of such recovery, to grant releases to insurer, to grant subrogation rights to any insurerInsurer, and to endorse any settlement check or draft. Debtor agrees not to exercise any of the foregoing powers granted to Secured Party Bank without Secured Party’s the Bank's prior written consent. ADDITIONAL COLLATERAL. If at any time Collateral is unsatisfactory to Bank, then on demand of Bank, Debtor shall immediately furnish such additional Collateral satisfactory to Bank to be held by Bank as if originally pledged hereunder and shall execute such additional security agreements and financing statements as requested by Bank.

Risk of Loss and Insurance. Debtor shall bear all risk of loss with respect to the Collateral. The injury to or loss of the Collateral, either partial or total, shall not release Debtor from payment or other performance hereof. Debtor agrees to obtain and keep in force property casualty and hazard insurance on the Collateral with a lender’s naming Bank as loss payable endorsement in favor of Secured Party and commercial general liability insurance naming Secured Party as additional insured, and such other insurance as Secured Party may require from time to timepayee. Such insurance is to be in form and amounts satisfactory to Secured Party and issued by reputable insurance carriers reasonably satisfactory to Secured PartyBank. All such policies shall provide to Secured Party Bank a minimum of thirty (30) days written notice of cancellation. Debtor shall furnish to Secured Party copies of Bank such policies, or other evidence of such policies satisfactory to Secured PartyBank. If Debtor fails to obtain or maintain in force such insurance or fails to furnish such evidence, Secured Party Bank is authorized, but not obligated, to purchase any or all such insurance or "Single Interest Insurance" protecting such interest as Secured Party Bank deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all Collateral at its discretion, and all at Debtor’s 's expense, in accordance with the terms of the Loan Agreement. In such event, Debtor agrees to reimburse Secured Party Bank for the cost of such insurance and Secured Party Bank may add such cost to the Obligations. Debtor shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor hereby assigns to Secured Party Bank the proceeds of all property such insurance covering the Collateral up to the amount of the Obligations and directs any insurer to make payments directly to Secured PartyBank. Debtor hereby appoints Secured Party Bank its attorney-in-fact, which appointment shall be irrevocable and coupled with an interest for so long as the Obligations are unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage to or destruction of the Collateral, to agree to and bind Debtor as to the amount of said recovery, to designate any payees payee(s) of such recovery, to grant releases to insurer, to grant subrogation rights to any insurer, and to endorse any settlement check or draft. Debtor agrees not to exercise any of the foregoing powers granted to Secured Party Bank without Secured Party’s the Bank's prior written consent.

Risk of Loss and Insurance. Debtor shall bear all risk of loss with respect to the Collateral. The injury to or loss of Collateral, either partial or total, shall not release Debtor from payment or other performance hereof. Debtor agrees to obtain and keep in force property insurance on the Collateral with a lenderLender’s loss payable endorsement Loss Payable Endorsement in favor of Secured Party Bank and commercial general liability insurance naming Secured Party Bank as additional insured, Additional Insured and such other insurance as Secured Party Bank may reasonably require from time to timetime (but excluding hurricane insurance). Such insurance is to be in form and amounts satisfactory to Secured Party Bank and issued by reputable insurance carriers reasonably satisfactory to Secured PartyBank with a Best Insurance Report Key Rating of at least “A-". All such policies shall provide to Secured Party Bank a minimum of thirty (30) 30 days written notice of cancellation. Debtor shall furnish to Secured Party copies of Bank such policies, or other evidence of such policies reasonably satisfactory to Secured PartyBank upon Bank’s request. If Debtor fails to obtain or maintain in force such insurance or fails to furnish such evidenceevidence upon Bank’s request, Secured Party Bank is authorized, but not obligated, to purchase any or all such insurance or “Single Interest Insurance” protecting such interest as Secured Party Bank deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all at its discretion, and at Debtor’s expense, in accordance with the terms of the Loan Agreement. In such event, Debtor agrees to reimburse Secured Party Bank for the cost of such insurance and Secured Party Bank may add such cost to the Secured Obligations. Debtor shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor hereby assigns to Secured Party Bank the proceeds of all property insurance covering the Collateral up to the amount of the Secured Obligations and directs any insurer to make payments directly to Secured PartyBank; provided, however, unless a Default shall have occurred and be continuing or should the insurance proceeds be in excess of $500,000.00, Debtor shall be permitted to reinvest such insurance proceeds in the Debtor’s business. Debtor hereby appoints Secured Party Bank its attorney-in-factfact effective as of any period during which a Default shall have occurred and for so long as such Default shall continue, which appointment shall be irrevocable and coupled with an interest for so long as Secured Obligations are unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage to or destruction of Collateral, to agree to and bind Debtor as to the amount of said recovery, to designate any payees payee(s) of such recovery, to grant releases to insurer, to grant subrogation rights to any insurer, and to endorse any settlement check or draft. After the occurrence and during the continuance of a Default, Debtor agrees not to exercise any of the foregoing powers granted to Secured Party Bank without Secured PartyBank’s prior written consent.

Risk of Loss and Insurance. Debtor Borrower shall bear all risk of loss with respect to the Collateral. The injury to or loss of Collateral, either partial or total, shall not release Debtor Borrower from payment or other performance hereof. Debtor Borrower agrees to obtain and keep in anx xxxx xn force property insurance on the Collateral with a lender’s loss payable endorsement Lender's Loss Payable Endorsxxxxx in favor of Secured Party Lender and commercial general liability generax xxxxility insurance naming Secured Party Lender as additional insured, and such other insurance as Secured Party may require from time to timeAdditional Insured. Such insurance is to be in form and amounts satisfactory to Secured Party Lender and issued by reputable insurance carriers reasonably satisfactory to Secured PartyLender with a Best Insurance Report Key Rating of at least "A-". All such policies shall provide to Secured Party Lender a minimum of thirty (30) 30 days written notice of cancellation. Debtor Borrower shall furnish to Secured Party copies of Lender such policies, or other evidence of such policies satisfactory to Secured PartyLender. If Debtor Borrower fails to obtain or maintain in force such insurance or fails falls to furnish such evidence, Secured Party evidence Lender is authorized, but not obligated, to purchase any or all such insurance or "Single Interest Insurance" protecting such interest as Secured Party Lender deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all at its discretion, and at Debtor’s Borrower's expense, in accordance with the terms of the Loan Agreement. In such event, Debtor Borrower agrees to reimburse Secured Party Xxxxxx for the cost of such insurance and Secured Party Lender may add such cost to the Obligations. Debtor Borrower shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor Borrower hereby assigns to Secured Party Lender the proceeds of all property insurance covering the Collateral up to the amount of the Obligations and directs any insurer to make payments directly to Secured PartyLender. Debtor Borrower hereby appoints Secured Party Lender its attorney-in-fact, which appointment shall be irrevocable and coupled with an interest for so long as Obligations are unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage to or destruction of Collateral, to agree to and bind Debtor Borrower as to the amount of said recovery, to designate any payees payee(s) of such recovery, to grant releases to insurer, to grant subrogation rights to any insurer, and to endorse any settlement check or draft. Debtor Borrower agrees not to exercise any exercxxx xxx of the foregoing powers granted to Secured Party Lender without Secured Party’s prior written consentLender's priox xxxxten consexx. XINANCING STATEMENTS, CERTIFICATES OF TITLE, POWER OF ATTORNEY. No financing statement (other than any filed or approved by Lender) covering any Collateral is on file in any public filing office. Borrower authorizes the filing of one or more financing statements covering the Collateral in form satisfactory to Lender, and without Borrower's signature where axxxxxxxxd by law, agrees to deliver certificates of title on which Lender's lien has been indicxxxx xovering any Collateral subject to a certificate of title statue, and will pay all costs and expenses of filing or applying for the same or of filing this Security Agreement in all public filing offices, where filing is deemed by Lender to be desirable. Borrower hereby constitutes and appoints Lender the true and lawful attorney of Borrower with full power of substitution to take any and all appropriate action and to execute any and all documents, instruments or applications that may be necessary or desirable to accomplish the purpose and carry out the terms of this Security Agreement, including, without limitation, to complete, execute, and deliver any Control Agreement(s) by Lender, Borrower and Third Party(ies) that may be or become required in connection herewith (individually and collectively the "Control Agreement"), and any instructions to Third Party(ies) regarding, among other things, control and disposition of any Collateral which is the subject of such Control Agreement(s). The foregoing power of attorney is coupled with an interest and shall be irrevocable until all of the Obligations have been paid in full. Neither Lender nor anyone acting on its behalf shall be liable for acts, omissions, errors in judgment, or mistakes in fact in such capacity as attorney-in-fact. Borrower ratifies all acts of Lender as attorney-in-fact. Xxxxxxer agrees to take such xxxxx xctions, at Borrower's expense, as might xx xxxxested for the perfection, continuation and assignment, in whole or in part, of the security interests granted herein and to assure and preserve Lender's intended priority pxxxxxxn. If certificates, passbooks, or other documentation or evidence is/are issued or outstanding as to any of the Collateral, Borrower will cause the security interests of Lender to be properly protected, including perfection by notation thereon or delivery thereof to Lender.

Risk of Loss and Insurance. Debtor shall bear all risk of loss with respect to the Collateral. The injury to or loss of Collateral, either partial or total, shall not release Debtor from payment or other performance hereof. Debtor agrees to obtain and keep in force property insurance on the Collateral with a lender’s loss payable endorsement in favor of Secured Party and commercial general liability insurance naming Secured Party as additional insured, and such other insurance as Secured Party may require from time to time. Such insurance is to be in form and amounts satisfactory to Secured Party and issued by reputable insurance carriers reasonably satisfactory to Secured Party. All such policies shall provide to Secured Party a minimum of thirty (30) days written notice of cancellation. Debtor shall furnish to Secured Party copies of such policies, or other evidence of such policies satisfactory to Secured Party. If Debtor fails to obtain or maintain in force such insurance or fails to furnish such evidence, Secured Party Lender is authorized, but not obligated, to purchase any or all such insurance or "Single Interest Insurance" protecting such interest as Secured Party Lender deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all at its discretion, and at Debtor’s 's expense, in accordance with the terms of the Loan Agreement. In such event, Debtor agrees to reimburse Secured Party Lender for the cost of such insurance insurance, and Secured Party Lender may add such cost to the Obligations. Debtor shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor hereby assigns to Secured Party Lender the proceeds of all property such insurance covering the Collateral up to the amount of the Obligations and directs any insurer to make payments directly to Secured PartyLender. Debtor hereby appoints Secured Party Lender its attorney-in-fact, which appointment shall be irrevocable and coupled with an interest for so long as Obligations are unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage to or destruction of Collateral, to agree to and bind Debtor as to the amount of said recovery, to designate any payees payee(s) of such recovery, to grant releases to insurer, to grant subrogation rights to any insurer, and to endorse any settlement check or draft. Debtor agrees not to exercise any of the foregoing powers granted to Secured Party Lender without Secured Party’s Lender's prior written consent. So long as no Security Agreement Default has occurred and is continuing, Debtor may self-insure, by way of deductible, premium adjustment provisions in insurance policies, or otherwise, under a program applicable to all equipment in Debtor's fleet (a) with respect to physical damage and (b) with respect to liability, provided Debtor maintains a self-insurance retention for such liability in the amount of $1,750,000.00.

Risk of Loss and Insurance. Debtor Debtors shall bear all risk of loss with respect to the Collateral. The injury to or loss of Collateral, either partial or total, shall not release Debtor Debtors from payment or other performance hereof. Debtor agrees Debtors agree to obtain and keep in force property insurance on the Collateral with a lenderLender’s loss payable endorsement Loss Payable Endorsement in favor of Secured Party and commercial general liability insurance naming Secured Party as additional insured, Additional Insured and such other insurance as Secured Party may require from time to time. Such insurance is to be in form and amounts satisfactory to Secured Party and issued by reputable insurance carriers reasonably satisfactory to Secured PartyParty with a Best Insurance Report Key Rating of at least "A-". All such policies shall provide to Secured Party a minimum of thirty (30) 30 days written notice of cancellation. Debtor Debtors shall furnish to Secured Party copies of such policies, or other evidence of such policies satisfactory to Secured Party. If Debtor fails Debtors fail to obtain or maintain in force such insurance or fails to furnish such evidence, Secured Party is authorized, but not obligated, to purchase any or all such insurance or "Single Interest Insurance" protecting such interest as Secured Party deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all at its discretion, and at Debtor’s Debtors’ expense, in accordance with the terms of the Loan Agreement. In such event, Debtor agrees Debtors agree to reimburse Secured Party for the cost of such insurance and Secured Party may add such cost to the ObligationsNew Promissory Note. Debtor Debtors shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor Debtors hereby assigns assign to Secured Party the proceeds of all property insurance covering the Collateral up to the amount of the Obligations New Promissory Note and directs direct any insurer to make payments directly to Secured Party. Debtor Debtors hereby appoints appoint Secured Party its attorney-in-fact, which appointment shall be irrevocable and coupled with an interest for so long as Obligations are New Promissory Note is unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage to or destruction of Collateral, to agree to and bind Debtor Debtors as to the amount of said recovery, to designate any payees payee(s) of such recovery, to grant releases to insurer, to grant subrogation rights to any insurer, and to endorse any settlement check or draft. Debtor agrees Debtors agree not to exercise any of the foregoing powers granted to Secured Party without Secured Party’s prior written consent.

Risk of Loss and Insurance. Debtor shall bear all risk of loss with respect to the Collateral. The injury to or loss of Collateral, either partial or total, shall not release Debtor from payment or other performance hereof. Debtor agrees to obtain and keep in force property casualty and hazard insurance on the Collateral with a lender’s naming Bank as loss payable endorsement in favor of Secured Party and commercial general liability insurance naming Secured Party as additional insured, and such other insurance as Secured Party may require from time to timepayee. Such insurance is to be in form and amounts satisfactory to Secured Party and issued by reputable insurance carriers reasonably satisfactory to Secured PartyBank. All such policies shall provide to Secured Party Bank a minimum of thirty (30) days written notice of cancellation. Debtor shall furnish to Secured Party copies of Bank such policies, or other evidence of such policies satisfactory to Secured PartyBank. If Debtor fails to obtain or maintain in force such insurance or fails to furnish such evidence, Secured Party Bank is authorized, but not obligated, to purchase any or all such insurance or "Single Interest Insurance" protecting such interest as Secured Party Bank deems appropriate against such risks and for such coverage and for such amounts, including either the loan amount or value of the Collateral, all Collateral at its discretion, and all at Debtor’s 's expense, in accordance with the terms of the Loan Agreement. In such event, Debtor agrees to reimburse Secured Party Bank for the cost of such insurance and Secured Party Bank may add such cost to the Obligations. Debtor shall bear the risk of loss to the extent of any deficiency in the effective insurance coverage with respect to loss or damage to any of the Collateral. Debtor hereby assigns to Secured Party Bank the proceeds of all property such insurance covering the Collateral up to the amount of the Obligations and directs any insurer to make payments directly to Secured PartyBank. Debtor hereby appoints Secured Party Bank its attorney-in-fact, which appointment shall be irrevocable and coupled with an interest for so long as the Obligations are unpaid, to file proof of loss and/or any other forms required to collect from any insurer any amount due from any damage to or destruction of Collateral, to agree to and bind Debtor as to the amount of said recovery, to designate any payees payee(s) of such recovery, to grant releases to insurer, to grant subrogation rights to any insurer, and to endorse any settlement check or draft. Debtor agrees not to exercise any of the foregoing powers granted to Secured Party Bank without Secured Party’s the Bank's prior written consent, which consent shall not be unreasonably withheld.