Common use of Risks to be Insured Clause in Contracts

Risks to be Insured. Subject to the terms and provisions of paragraph 2 above, the Borrower, at its sole cost and expense, will maintain insurance of the following character: (i) Insurance on the buildings and other improvements now existing or hereafter erected on the Land and on the fixtures and personal property included in the Mortgaged Property against loss by fire, and other hazards covered by the so-called “special” form of policy without a co-insurance clause in an amount equal to the full replacement cost thereof (with a deductible of not more than $25,000) without deduction for physical depreciation, which insurance shall in no event be less than the unpaid principal balance of the Note at any given time. While any building or other improvement is in the course of being constructed or rebuilt on the Land, the Borrower shall provide the aforesaid hazard insurance in builder’s risk completed value form including coverage available on the so-called “special” non-reporting form of policy for an amount equal to 100% of the insurable replacement cost of such building or other improvement. (ii) If the Mortgaged Property includes steam boilers or other equipment for the generation or transmission of steam, insurance against loss or damage by explosion, rupture or bursting of steam boilers, pipes, turbines, engines and other pressure vessels and equipment, in an amount satisfactory to the Lender, without a co-insurance clause. (iii) If the Land or any part thereof is located in a designated official flood-hazardous area, flood insurance insuring the buildings and improvements now existing or hereafter erected on the Land in an amount equal to the lesser of the principal balance of the Note or the maximum limit of coverage made available with respect to such buildings and improvements under the Federal Flood Disaster Protection Act of 1973, as amended, and the regulations issued thereunder. (iv) Comprehensive general liability insurance in an amount not less than $5,000,000 protecting against claims arising from any accident or occurrence in or upon the Mortgaged Property in the form and amount acceptable to the Lender. (v) While any building or improvement is in the course of being constructed, renovated or rebuilt on the Land, such worker’s compensation insurance as is required by statute. (vi) Insurance against interruption of business in respect of the Mortgaged Property in an amount sufficient to pay one (1) year’s debt service on the Note, including principal and interest thereof, tax and assessment payments described in paragraph 2, insurance premiums for the coverages required in this paragraph 10, and other operating expenses of the Mortgaged Property. (vii) Insurance against (or insurance which does not exclude from coverage) acts of terrorism if available at a commercially reasonable premium, at the discretion of Lender.

Risks to be Insured. Subject to the terms and provisions of paragraph 2 above, the BorrowerThe Mortgagor, at its sole cost and expense, will maintain insurance of the following character: (i) Insurance on the buildings and other improvements now existing or hereafter erected on the Land and on the fixtures and personal property included in the Mortgaged Property against loss by fire, and other hazards covered by the so-called “special” "all-risk" form of policy without a co-insurance clause in an amount equal to the full actual replacement cost thereof (with a deductible exclusive of not more than $25,000foundations and excavations) without deduction for physical depreciation, which insurance shall in no event be less than the unpaid principal balance of the Note at any given time. While any building or other improvement is in the course of being constructed or rebuilt on the Land, the Borrower Mortgagor shall provide the aforesaid hazard insurance in builder’s 's risk completed value form including coverage available on the so-called “special” "all-risk" non-reporting form of policy for an amount equal to 100% of the insurable replacement cost value of such building or other improvement. (ii) If the Mortgaged Property includes steam boilers or other equipment for the generation or transmission of steam, insurance against loss or damage by explosion, rupture or bursting of steam boilers, pipes, turbines, engines and other pressure vessels and equipment, in an amount satisfactory to the LenderMortgagee, without a co-insurance clause. (iii) If the Land or any part thereof is located in a designated official flood-hazardous area, flood insurance insuring the buildings and improvements now existing or hereafter erected on the Land in an amount equal to the lesser of the principal balance of the Note or the maximum limit of coverage made available with respect to such buildings and improvements under the Federal Flood Disaster Protection Act of 1973, as amended, and the regulations issued thereunder. (iv) Comprehensive general liability insurance in an amount not less than $5,000,000 protecting against claims arising from any accident or occurrence in or upon the Mortgaged Property in the form and an amount acceptable to the LenderMortgagee. (v) While any building or improvement is in the course of being constructed, renovated or rebuilt on the Land, such worker’s workers' compensation insurance as is required by statute. (vi) Insurance against interruption of business in respect of the Mortgaged Property in an amount sufficient to pay one (1) year’s 's debt service on the Note, including principal and interest thereof, thereof and tax and assessment payments described in paragraph 2, insurance premiums for the coverages required in this paragraph 10, and other operating expenses of the Mortgaged Property. (vii) Insurance against (or insurance which does not exclude from coverage) acts of terrorism if available at a commercially reasonable premium, at the discretion of Lender.

Risks to be Insured. Subject to the terms and provisions of paragraph 2 above, the BorrowerTenant, at its sole cost ccst and expense, will maintain insurance of the following characterinsurance: (i) Insurance insurance on the land and buildings described in Exhibit "A" and other improvements now existing or hereafter erected on the Land and on the fixtures and personal property included in the Mortgaged Property "C" attached hereto against loss by fire, fire and other hazards covered by the so-called “special” "a11 risk" form of policy without a co-insurance clause policy, and including Earthquake coverage and "Contingent Liability from Operation of Building Laws" coverage, in an amount equal to the full actual replacement cost thereof (with a deductible exclusive of not more than $25,000foundations and excavations) without deduction for physical depreciation, which insurance shall in no event be less than the unpaid principal balance of the Note at any given time. While any building or other improvement is Is in the course of being constructed or rebuilt on the LandLand (other than the Addition, the Borrower shall provide as hereinafter defined, during initial construction), the aforesaid hazard insurance shall be in builder’s 's risk completed value form form, including coverage available on the so-called “special” "all-risk" non-reporting form of policy policy, for an amount equal to 100% of the insurable replacement cost value of such building or other improvement. Such insurance shall include Valuable Papers and Records coverage, providing for Reproduction Cost measure of recovery, and coverage for damage to Electronic Data Processing Equipment and Media, including coverage for the perils of mechanical breakdown and electronic disturbance. (ii) If the Mortgaged Property includes steam boilers or other equipment for the generation or transmission of steamexcluded from coverage pursuant to a Boiler and Machinery exclusion, Boiler and Machinery insurance against loss or damage by explosion, rupture or bursting of steam boilers, pipes, turbines, engines and other pressure vessels and equipment, in an amount satisfactory to the Lender, without a co-insurance clauseLessor. (iii) If the Land or any part thereof is located in a designated official flood-hazardous area, flood insurance insuring the buildings and improvements now existing or hereafter erected on the Land in an amount equal to the lesser of the principal balance of the Note or the maximum limit of coverage made available with respect to such buildings and improvements under the Federal Flood flood Disaster Protection Act of 1973, as amended, and the regulations issued thereunder. (iv) Comprehensive general liability insurance in an amount not less than $5,000,000 protecting against claims arising from any accident or occurrence in or upon the Mortgaged Property in the form and amount acceptable to the Lender. (v) While any building or improvement is in the course of being constructed, renovated or rebuilt on the Land, such worker’s compensation insurance as is required by statute. (vi) Insurance against interruption of business in respect of the Mortgaged Property property in an amount sufficient to pay one (1) year’s debt service on the Note's rent insurance, including principal and interest thereof, tax and assessment payments described in paragraph 2, insurance premiums for the coverages required in this paragraph 10taxes, and other operating expenses utilities that are required to be paid by the Tenant by the terms of the Mortgaged Propertythis lease. (vii) Insurance against (or insurance which does not exclude from coverage) acts of terrorism if available at a commercially reasonable premium, at the discretion of Lender.

Risks to be Insured. Subject to the terms and provisions of paragraph 2 above, the BorrowerMortgagor, at its Mortgagor's sole cost and expense, will maintain insurance of the following character: (i) All-Risk" Insurance on the buildings Building and other improvements Improvements now existing or hereafter erected on the Land and on the fixtures and personal property included in the Mortgaged Property against loss by fire, lightning, extended coverage perils, collapse, water damage, vandalism, malicious mischief and all other hazards covered by risks and contingencies, subject only to such exceptions as the so-called “special” form of policy without a co-insurance clause Mortgagee may approve, in an amount equal to the full actual replacement cost thereof (with a deductible exclusive of not more than $25,000foundations and excavations) or the outstanding balance of the Indebtedness, whichever is greater, without deduction for physical depreciation, which insurance shall with coverage for demolition and increased costs of construction, and providing coverage in no event be less than the unpaid principal balance of the Note at any given timean "agreed amount" or without provisions for co-insurance. While any building Building or other improvement Improvement is in the course of being constructed or rebuilt on the Land, the Borrower Mortgagor shall provide the aforesaid hazard insurance in builder’s 's risk completed value form form, including coverage available on the so-called “special” 'all risk' non-reporting form of policy for an amount equal to 100% of the insurable replacement cost of such building or other improvementpolicy. (ii) If the Mortgaged Property includes steam boilers Business interruption or other equipment for the generation or transmission loss of steam, rents insurance against loss or damage by explosion, rupture or bursting of steam boilers, pipes, turbines, engines and other pressure vessels and equipment, in an amount satisfactory to not less than the Lendertotal amount of principal, without interest, taxes and insurance premiums payable hereunder for a co-insurance clauseperiod of six (6) months. (iii) If the Land or any part thereof is located in a designated official flood-hazardous hazard area, flood insurance insuring the buildings Building and improvements Improvements now existing or hereafter erected on the Land in an amount equal to the lesser of the principal balance of the Note actual replacement cost thereof or to the maximum limit of coverage made available with respect to such buildings Building and improvements Improvements under the Federal Flood Disaster Protection Insurance Act of 19731968, as amended, and the regulations issued thereunderwhichever is less. (iv) Comprehensive Public liability, including personal injury and property damage, insurance applicable to the Mortgaged Property in such amounts as are usually carried by persons operating similar properties in the same general locality but in any event with limits of liability insurance in an amount not less than $5,000,000 protecting against claims arising from any accident or occurrence in or upon the Mortgaged Property in the form and amount acceptable to the Lender1,000,000 combined single limit. (v) While any building or improvement is in the course of being constructed, renovated or rebuilt on the Land, such Appropriate worker’s 's compensation insurance as is required by statute. (vi) Insurance against interruption of business in with respect of the Mortgaged Property in an amount sufficient to pay one (1) year’s debt service any work on the Note, including principal and interest thereof, tax and assessment payments described in paragraph 2, insurance premiums for the coverages required in this paragraph 10, and other operating expenses of or about the Mortgaged Property. (vii) Insurance against (or insurance which does not exclude from coverage) acts of terrorism if available at a commercially reasonable premium, at the discretion of Lender.

Risks to be Insured. Subject to The policies covering the terms Leased Properties and provisions of paragraph 2 above, the Borrower, at its sole cost and expense, will maintain insurance of Tenant’s Personal Property shall insure against the following characterrisks: (i) Insurance on the buildings and other improvements now existing 13.2.1 Loss or hereafter erected on the Land and on the fixtures and personal property included in the Mortgaged Property against loss damage by fire, vandalism and other hazards covered by the so-called malicious mischief, earthquake, extended coverage perils commonly known as “special” form of policy without a co-insurance clause Special Risk”, and all physical loss perils normally included in such Special Risk insurance, including but not limited to sprinkler leakage, in an amount equal not less than one hundred percent (100%) of Replacement Cost; provided that coverage for earthquake shall be required only to the full extent that a Facility is currently, or at any time in the future, located within a “seismic design category” on a FEMA Earthquake Hazard Map higher than “B”. Deductibles/self-insured retentions for the insurance policies required under Section 13.2.1 shall not be greater than $100,000 and any deductible or retention in excess of such limit must be approved by Landlord prior to the issuance of any policy, which approval will not be unreasonably withheld, conditioned or delayed.; provided, however, that the deductibles/self-insured retentions for losses sustained from earthquake (including earth movement), or windstorm (i.e., wind/hail) may be equal to, but not greater than, five percent (5%) of the replacement cost thereof (with a of the total insured value of the applicable Facility, or $250,000, whichever is greater. The flood deductible of shall not more be greater than $25,000) without deduction for physical depreciation100,000, which insurance shall in no event be less than unless the unpaid principal balance of the Note at any given time. While any building or other improvement Facility is in the course of being constructed designated 100 year flood plain area, in which event the deductible may be $500,000 or rebuilt on less and the Land, Tenant shall obtain and maintain flood coverage from the Borrower shall provide National Flood Insurance Program for the aforesaid hazard insurance in builder’s risk completed value form including coverage available on the so-called “special” non-reporting form of policy for an amount equal to 100% of the insurable replacement cost of such building or other improvementapplicable Facility. (ii) If the Mortgaged Property includes steam boilers or other equipment for the generation or transmission of steam, insurance against loss 13.2.2 Loss or damage by explosion, rupture or bursting explosion of steam boilers, pipes, turbines, engines and other pressure vessels and equipment, or similar apparatus in an amount satisfactory such amounts as may be required by Landlord from time to the Lender, without a co-insurance clause.time; (iii) If the Land or any part thereof is located in a designated official flood-hazardous area, flood insurance insuring the buildings and improvements now existing or hereafter erected on the Land in an amount equal to the lesser of the principal balance of the Note or the maximum limit of coverage made available with respect to such buildings and improvements under the Federal Flood Disaster Protection Act of 1973, as amended, and the regulations issued thereunder. (iv) Comprehensive general liability 13.2.3 Business interruption insurance in an amount not less than $5,000,000 protecting against claims arising from twelve (12) months of income and normal operating expenses including payroll and Rent payable hereunder with an endorsement extending the period of indemnity by at least ninety (90) days (Building Ordinance Increased Period of Restoration Endorsement) necessitated by the occurrence of any accident or occurrence of the hazards described in or upon the Mortgaged Property in the form Sections 13.2.1, 13.2.2 and amount acceptable 13.2.56, and, to the Lender. (v) While extent not covered by such insurance, loss of rental under a rental value insurance policy covering risk of loss during reconstruction necessitated by the occurrence of any building or improvement is in the course of being constructed, renovated or rebuilt on the Land, such worker’s compensation insurance as is required by statute. (vi) Insurance against interruption of business in respect of the Mortgaged Property hazards described in Sections 13.2.1, 13.2.12, and 13.2.56, a (but in no event for a period less than twelve (12) months), in each case in an amount sufficient to pay one prevent Landlord and Tenant from becoming a co‑insurer; 13.2.4 Claims for personal injury or property damage under a policy of commercial general liability insurance with a combined single limit per occurrence in respect of bodily injury and death and property damage of One Million Dollars (1$1,000,000.00), and an aggregate limitation of Two Million Dollars ($2,000,000.00) yearper Facility, which insurance shall insure Tenant’s debt service contractual liability for bodily injury, including death, and property damage to Landlord under the indemnity provisions of ARTICLE XXI of this Lease, and (i) if written on a “claims made” basis, the retroactive date shall be the most recent of (x) the date Tenant or its Affiliates first went into possession of the applicable Facility under this Lease or an Existing Lease, whichever is earlier, and (y) the date that is not less than the longest applicable statute of limitations for general liability claims for the jurisdiction in which the applicable Facility is located, (ii) upon the expiration or termination of this Lease, Tenant shall keep in force the commercial general liability insurance required under this Lease for, or shall acquire or purchase an extended reporting period on the Notepolicy existing as of the date of expiration or termination of this Lease that has a term not less than the applicable statute of limitations for general liability claims for each location (iii) if the retroactive date is advanced or the policy is cancelled or not renewed and not replaced with a policy with the same retroactive date, including principal Tenant must acquire or purchase an extended reporting period for such cancelled or non-renewed policy of not less than the applicable statute of limitations for general liability claims for each location; 13.2.5 Claims arising out of malpractice in an amount not less than One Million Dollars ($1,000,000.00) for each occurrence and interest thereofThree Million ($3,000,000) in the aggregate for each Facility and, tax if written on a “claims made” basis; the retroactive date shall be the most recent of (x) the date Tenant or its Affiliates first went into possession of the applicable Facility under this Lease or an Existing Lease, whichever is earlier, and assessment payments described (y) the date that is not less than the longest applicable statute of limitations for professional liability claims for the jurisdiction in paragraph 2which the applicable Facility is located, (ii) upon the expiration or termination of this Lease, Tenant shall keep in force the professional liability insurance premiums required under this Lease for, or shall acquire or purchase an extended reporting period on the policy existing as of the date of expiration or termination of this Lease that has a term not less than the applicable statute of limitations for professional liability claims for each location (iii) if the retroactive date is advanced or the policy is cancelled or not renewed and not replaced with a policy with the same retroactive date, Tenant must acquire or purchase an extended reporting period for such cancelled or non-renewed policy of not less than the applicable statute of limitations for professional liability claims for each location; (a) Policies required under Sections 13.2.4 and 13.2.5 shall require minimum limits of commercial general liability and professional liability to apply on a per Facility basis, subject however to the current policy aggregate maximum liablities shown on Schedule 13.2.5 attached hereto and made a part hereof; (b) Deductibles and self- insured retentions applicable to the coverages required under Sections 13.2.4 and 13.2.5 shall not be greater than $500,000 per claim. Any deductible or retention in this paragraph 10excess of such limit must be approved by Landlord prior to the issuance of any policy, which approval will not be unreasonably withheld, conditioned or delayed. Landlord shall have the right to require a lower deductible or self-insured retention (but not less than $100,000) to the extent generally available at commercially affordable rates to Tenant; and (c) Notwithstanding the coverage required under Section 13.2.5, the Providence, Indiana Facility has and may continue to maintain professional liability coverage of $400,000 for each occurrence and $2,000,000 in the aggregate with additional coverage being provided through the Indiana Patient Compensation Fund for professional liability claims, as the same may be amended from time to time. 13.2.6 Flood (with respect to any portions of the Leased Properties located in whole or in part within a federally designated 000 xxxx xxxxx xxxxx xxxx) and such other hazards and in such amounts as may be customary for comparable properties in the area up to the maximum limit that can be obtained under the Federal Flood Insurance Program; 13.2.7 During such time as Tenant is constructing any improvements, (i) worker’s compensation insurance and employers’ liability insurance covering all persons employed in connection with the improvements in statutory limits, (ii) builder’s risk insurance, completed value form, covering all physical loss, in an amount satisfactory to Landlord, and (iii) such other operating expenses insurance, in such amounts, as Landlord deems necessary to protect Landlord’s interest in the Leased Properties from any act or omission of Tenant’s contractors or subcontractors, and certificates of insurance evidencing such coverage, in form satisfactory to Landlord, shall be presented to Landlord prior to the Mortgaged Propertycommencement of construction of such improvements; and 13.2.8 Primary automobile liability insurance with limits of One Million Dollars ($1,000,000.00) per occurrence each for owned and non‑owned and hired vehicles. (vii) Insurance against (or insurance which does not exclude from coverage) acts of terrorism if available at a commercially reasonable premium, at the discretion of Lender.

Risks to be Insured. Subject to the terms and provisions of paragraph 2 above, the Borrower(a) Mortgagor shall, at its sole cost and expenseexpense maintain during the entire term of this Mortgage, will maintain insurance for the mutual benefit of the Mortgagor and Mortagee, the following characterpolicies of insurance: (i) Insurance Property insurance on the buildings Improvements, under an “All Risk” policy or its equivalent e.g. “Cause of Loss Special form” – in an amount equal to the total of one hundred percent (100%) of the full replacement cost of the Improvements (determined without regard to depreciation, but exclusive of foundations and other improvements now existing footings) (the “Full Replacement Cost”) and business income loss in an amount sufficient to cover two years’ profit and continuing expenses plus 180 days extended period of indemnity, subject to a deductible not to exceed $50,000. If not included within the All Risk coverage above, Mortgagor shall also carry (A) coverage against damage due to Flood (broad form – including backing up of sewers or hereafter erected on the Land and on the fixtures and personal property included drains), (B) Earthquake insurance in the Mortgaged Property against loss by fireamounts satisfactory to Mortgagee, and other hazards covered by the so(C) Terrorism coverage – both Certified and Non-called “special” form of policy without a co-insurance clause Certified – in an amount equal to the full replacement cost thereof of such Improvements. Such policies shall include a replacement cost endorsement and an agreed amount clause (with a deductible waiving any co-insurance penalties). Such policies shall also be extended to provide coverage for demolition costs and increased cost of construction due to changes in building code and requirements of any local, state or other ordinances or law governing the demolition or reconstruction of the improvements, in amounts not more than $25,000) without deduction for physical depreciation, which insurance shall in no event be less than the unpaid principal balance ten percent (10%) each of the Note at any given time. While any building or other improvement is in the course of being constructed or rebuilt on the Land, the Borrower shall provide the aforesaid hazard insurance in builder’s risk completed value form including coverage available on the so-called “special” non-reporting form of policy for an amount equal to 100% of the insurable replacement cost of such building or other improvement. (ii) If the Mortgaged Property includes steam boilers or other equipment for the generation or transmission of steam, insurance against loss or damage by explosion, rupture or bursting of steam boilers, pipes, turbines, engines and other pressure vessels and equipment, in an amount satisfactory to the Lender, without a co-insurance clause. (iii) If the Land or any part thereof is located in a designated official flood-hazardous area, flood insurance insuring the buildings and improvements now existing or hereafter erected on the Land in an amount equal to the lesser of the principal balance of the Note or the maximum limit of coverage made available with respect to such buildings and improvements under the Federal Flood Disaster Protection Act of 1973, as amendedImprovements, and the regulations issued thereunder. (iv) Comprehensive general coverage for contingent liability insurance in an amount not less than $5,000,000 protecting against claims arising from any accident or occurrence in or upon the Mortgaged Property in the form and amount acceptable to the Lender. (v) While any operation of building or improvement is in the course of being constructedlaws, renovated or rebuilt on the Land, such worker’s compensation insurance as is required by statute. (vi) Insurance against interruption of business in respect of the Mortgaged Property in an amount sufficient to pay one (1) yearfor the full value of the undamaged Improvements. During any period where capital improvements are being undertaken, Mortgagor shall also maintain builder’s debt service on the Noterisk insurance, including principal soft costs coverage. All policies shall name the Mortgagee as Mortgagee and interest thereof, tax and assessment payments described in paragraph 2, insurance premiums for the coverages required in this paragraph 10, and other operating expenses of the Mortgaged PropertyLoss Payee. (vii) Insurance against (or insurance which does not exclude from coverage) acts of terrorism if available at a commercially reasonable premium, at the discretion of Lender.