Common use of Terms of Insurance Clause in Contracts

Terms of Insurance. The insurance obtained by the Contractor pursuant to section 12.1 of these General Conditions of Contract shall, unless otherwise stated above or unless otherwise expressly provided in the Contract Documents, be provided in accordance with the following terms and conditions: (a) all insurance coverage specified in section 12.1(a), (b), (c), (d) and (i) shall provide for combined single limit liability for each occurrence of no less than amounts selected and approved by Owner and such coverage shall otherwise be in a form acceptable to Owner. In no event shall the minimum coverage be less than $1,000,000 per occurrence. (b) the Contractor shall provide Owner with satisfactory proof of insurance coverage required by this Section 12 priorto the Contractor entering upon the Plant Site and thereafter when requested by Owner. The Contractor will provide certified copies of actual insurance documents if requested by Owner. In the event that any insurance required by this section 12 expires, is cancelled or otherwise lapses during the term of this Contract, Work under the Contract shall immediately cease and shall resume only after satisfactory proof of insurance in compliance with section 12 is provided to Owner. (c) Owner and its parent, affiliate and subsidiary companies shall be included as additional insureds on a primary basis for liability arising out of or in relation to the Contractor’s work or operations performed under or incidental to this Contract, except for the coverage required in section 12.1(c) and (e) of these General Conditions of Contract. (d) Each insurance policy shall provide that 30 days’ prior written notice (sent by certified mail, return receipt requested) shall be given to Owner of any cancellation of any such policy or policies or of any change material to the interest of Owner. (e) All insurance maintained by the Contractor will be primary insurance and non-contributing with any insurance or self- insurance program maintained by Owner. (f) To the extent permitted by applicable law, each insurance policy maintained by the Contractor related to the operations under this Contract shall include an endorsement providing that the underwriters will waiveall rights of recovery, under subrogation or otherwise, against Owner Indemnified Parties. (g) Owner is to be included by endorsement as an Additional Insured on Contractor’s Commercial General Liability, Automobile Liability and Pollution Liability Insurance policies and must be as so designated on the Certificate(s) of Insurance. The Additional Insurance endorsement MUST be attached to the Certificate of Insurance. (h) All policies shall be written by responsible insurance companies with a Best’s rating of A- VIII or better and be licensed to do business in the State of New York. (i) Coverage is to be written on an “Occurrence” form. If coverage is written on a “Claims Made” or “Claims First Made” form, coverage must be maintained for a period of not less than twenty-four (24) months after the completion of the Work. (j) Contractor shall not do anything to cause any of the insurance required to be provided to be invalidated in whole or in part. (k) The insurance requirements set forth herein shall in no way limit Contractor’s or any Subcontractor’s liability arising out of work performed under this Contract, or any liability under the indemnification provisions set forth in any other contract entered into with Owner or any other provisions contained in the Contract Documents. The inclusions, coverage and limits set forth herein are the minimum inclusions, coverage and limits required by the Owner and should not be construed as a limitation of Owner’s rights under any policy with higher limits.

Terms of Insurance. The All policies of insurance obtained required by the Contractor pursuant to section 12.1 terms of these General Conditions this Deed of Contract shallTrust (except the employee benefit and public liability insurance) shall contain a lender’s loss payable endorsement and standard mortgagee clause for the benefit of the Beneficiary (as its interest may appear), unless otherwise stated above or unless otherwise expressly provided which shall provide, in part, that (a) in the Contract Documentsevent of loss, all insurance proceeds shall be provided paid to the Beneficiary, and the Beneficiary shall be authorized and empowered by and with the concurrence of the Borrower to settle, adjust or compromise any claims for loss, damage or destruction under such policies of insurance, (b) any loss covered by such insurance shall be payable by the insurer in accordance with the following terms and conditions: (a) all insurance coverage specified of such policy notwithstanding any act or negligence of the Borrower, its agents or employees, the named insured, or any owner, tenant or occupant of the Premises which might otherwise result in section 12.1(a), (b)forfeiture of said insurance, (c)) the insurer waives all rights of setoff, counterclaim, or deduction against the Borrower, and (d) should leasehold title to and (i) beneficial ownership of the Premises become vested in the Beneficiary, the insurance provided by such policies shall provide continue for combined single limit liability for each occurrence of no less than amounts selected and approved by Owner and such coverage shall otherwise be in a form acceptable to Owner. In no event shall the minimum coverage be less than $1,000,000 per occurrence. (b) the Contractor shall provide Owner with satisfactory proof of insurance coverage required by this Section 12 priorto the Contractor entering upon the Plant Site and thereafter when requested by Owner. The Contractor will provide certified copies of actual insurance documents if requested by Owner. In the event that any insurance required by this section 12 expires, is cancelled or otherwise lapses during the term of this Contract, Work under the Contract shall immediately cease and shall resume only after satisfactory proof of insurance in compliance with section 12 is provided to Owner. (c) Owner and its parent, affiliate and subsidiary companies shall be included as additional insureds on a primary basis for liability arising out of or in relation to the Contractor’s work or operations performed under or incidental to this Contract, except thereof for the coverage benefit of the Beneficiary. All required in section 12.1(c) and (e) of these General Conditions of Contract. (d) Each insurance policy shall provide that 30 (1) the insurance afforded all parties named as insured shall be primary insurance and shall not participate with, nor be in excess over, any other valid and collectible insurance available to the Beneficiary, (2) any other insurance obtained by any named insured shall not be called upon to contribute until the limits of the policies required hereunder are exhausted, and (3) the insurance required hereunder cannot be canceled or materially amended or altered without at least thirty (30) days’ prior written notice (sent by certified mail, return receipt requested) to the Beneficiary. All insurance required hereunder shall be given issued by companies and in amounts in each company approved in advance by the Beneficiary, in its reasonable discretion, and such insurance shall be in the form and on terms (including, but not limited to, deductibles, self-insured retentions, or similar provisions) approved in advance by the Beneficiary, in its reasonable discretion. Beneficiary shall have the right, but not the obligation, to Owner pay the premiums of any cancellation policies of any such policy or policies or insurance required under this Deed of any change material Trust. Any insurance premiums paid by Beneficiary shall be added to the interest of Owner. (e) All insurance maintained by the Contractor will be primary insurance and non-contributing with any insurance or self- insurance program maintained by Owner. (f) To the extent permitted by applicable law, each insurance policy maintained by the Contractor related to the operations under this Contract shall include an endorsement providing that the underwriters will waiveall rights of recovery, under subrogation or otherwise, against Owner Indemnified Parties. (g) Owner is to be included by endorsement as an Additional Insured on Contractor’s Commercial General Liability, Automobile Liability and Pollution Liability Insurance policies and must be as so designated on the Certificate(s) of Insurance. The Additional Insurance endorsement MUST be attached to the Certificate of Insurance. (h) All policies shall be written by responsible insurance companies with a Best’s rating of A- VIII or better and be licensed to do business in the State of New York. (i) Coverage is to be written on an “Occurrence” form. If coverage is written on a “Claims Made” or “Claims First Made” form, coverage must be maintained for a period of not less than twenty-four (24) months after the completion principal amount of the WorkRemaining Purchase Price. (j) Contractor shall not do anything to cause any of the insurance required to be provided to be invalidated in whole or in part. (k) The insurance requirements set forth herein shall in no way limit Contractor’s or any Subcontractor’s liability arising out of work performed under this Contract, or any liability under the indemnification provisions set forth in any other contract entered into with Owner or any other provisions contained in the Contract Documents. The inclusions, coverage and limits set forth herein are the minimum inclusions, coverage and limits required by the Owner and should not be construed as a limitation of Owner’s rights under any policy with higher limits.

Terms of Insurance. The insurance obtained policies carried by the Contractor pursuant to section 12.1 of these General Conditions of Contract shall, unless otherwise stated above or unless otherwise expressly provided in the Contract Documents, be provided Issuers in accordance with the following terms and conditions: (a) all insurance coverage specified in section 12.1(a), (b), (c), (d) and (i) shall provide for combined single limit liability for each occurrence of no less than amounts selected and approved by Owner and such coverage shall otherwise be in a form acceptable to Owner. In no event shall the minimum coverage be less than $1,000,000 per occurrence. (b) the Contractor shall provide Owner with satisfactory proof of insurance coverage required by this Section 12 priorto the Contractor entering upon the Plant Site and thereafter when requested by Owner. The Contractor will provide certified copies of actual insurance documents if requested by Owner. In the event that any insurance required by this section 12 expires, is cancelled or otherwise lapses during the term of this Contract, Work under the Contract shall immediately cease and shall resume only after satisfactory proof of insurance in compliance with section 12 is provided to Owner. (c) Owner and its parent, affiliate and subsidiary companies shall be included as additional insureds on a primary basis for liability arising out of or in relation to the Contractor’s work or operations performed under or incidental to this Contract, except for the coverage required in section 12.1(c) and (e) of these General Conditions of Contract. (d) Each insurance policy shall provide that 30 days’ prior written notice (sent by certified mail, return receipt requested) shall be given to Owner of any cancellation of any such policy or policies or of any change material to the interest of Owner. (e) All insurance maintained by the Contractor will be primary insurance and non-contributing with any insurance or self- insurance program maintained by Owner. (f) To the extent permitted by applicable law, each insurance policy maintained by the Contractor related to the operations under this Contract shall include an endorsement providing that the underwriters will waiveall rights of recovery, under subrogation or otherwise, against Owner Indemnified Parties. (g) Owner is to be included by endorsement as an Additional Insured on Contractor’s Commercial General Liability, Automobile Liability and Pollution Liability Insurance policies and must be as so designated on the Certificate(s) of Insurance. The Additional Insurance endorsement MUST be attached to the Certificate of Insurance. (h) All policies shall be written by responsible insurance companies with a Best’s rating of A- VIII or better and be licensed to do business in the State of New York.Indenture shall: (i) Coverage is require 30 days' prior notice to be written on an “Occurrence” formthe additional insureds of cancellation for any reason or material change in the type or limits of coverage and provide that one or more of the additional insureds may renew such coverage; (ii) not require contributions from other policies held by the additional insureds; (iii) waive any right of subrogation of the insurers against the additional insureds; (iv) (A) name the Indenture Trustee and the Class A Note Insurer as additional insureds in the case of Liability Insurance, and (B) name the Indenture Trustee as loss payee in the case of Property Insurance; (v) continue to insure such additional insured regardless of any breach or violation of any warranty, declaration or condition contained in such policy by the Issuers or any Person; and (vi) waive any right to claim any premium or commissions against the additional insured. If coverage any Issuer is written on a “Claims Made” or “Claims First Made” formin default of its obligation to maintain, coverage must be maintained for a period of not less than twenty-four or, with respect to Property Insurance, cause the Lessee to maintain, the insurance coverages specified herein, the Indenture Trustee may (24) months after with the completion consent of the Work. (j) Contractor Controlling Party), at its option, but shall not do anything to cause any of the insurance be required to be provided (unless directed to be invalidated in whole or in part. (k) The insurance requirements set forth herein shall in no way limit Contractor’s or any Subcontractor’s liability arising out of work performed under this Contract, or any liability under the indemnification provisions set forth in any other contract entered into with Owner or any other provisions contained in the Contract Documents. The inclusions, coverage and limits set forth herein are the minimum inclusions, coverage and limits required do so by the Owner Controlling Party), obtain such insurance, and should not be construed as a limitation in such event, each Issuer shall, upon demand from time to time, reimburse the Indenture Trustee for the cost of Owner’s rights under any policy such insurance which each Issuer shall have failed to maintain and which the Indenture Trustee shall have obtained in accordance herewith, together with higher limitsinterest thereon at the Overdue Rate, from the date of payment thereof to but excluding the date of receipt of such reimbursement.

Terms of Insurance. The insurance obtained by the Contractor pursuant to section 12.1 of these General Conditions of Contract shall, unless otherwise stated above or unless otherwise expressly provided in the Contract Documents, be provided in accordance with the following terms and conditions: (a) all insurance coverage specified in section 12.1(a), (b), (c), (d) and (i) shall provide for combined single limit liability for each occurrence of no less than amounts selected and approved by Owner and such coverage shall otherwise be in a form acceptable to Owner. In no event shall the minimum coverage be less than $1,000,000 per occurrence. (b) the Contractor shall provide Owner with satisfactory proof of insurance coverage required by this Section 12 priorto prior to the Contractor entering upon the Plant Site and thereafter when requested by Owner. The Contractor will provide certified copies of actual insurance documents if requested by Owner. In the event that any insurance required by this section 12 expires, is cancelled or otherwise lapses during the term of this Contract, Work under the Contract shall immediately cease and shall resume only after satisfactory proof of insurance in compliance with section 12 is provided to Owner. (c) Owner and its parent, affiliate and subsidiary companies shall be included as additional insureds on a primary basis for liability arising out of or in relation to the Contractor’s work or operations performed under or incidental to this Contract, except for the coverage required in section 12.1(c) and (e) of these General Conditions of Contract. (d) Each insurance policy shall provide that 30 days’ prior written notice (sent by certified mail, return receipt requested) shall be given to Owner of any cancellation of any such policy or policies or of any change material to the interest of Owner. (e) All insurance maintained by the Contractor will be primary insurance and non-contributing with any insurance or self- insurance program maintained by Owner. (f) To the extent permitted by applicable law, each insurance policy maintained by the Contractor related to the operations under this Contract shall include an endorsement providing that the underwriters will waiveall waive all rights of recovery, under subrogation or otherwise, against Owner Indemnified Parties. (g) Owner is to be included by endorsement as an Additional Insured on Contractor’s Commercial General Liability, Automobile Liability and Pollution Liability Insurance policies and must be as so designated on the Certificate(s) of Insurance. The Additional Insurance endorsement MUST be attached to the Certificate of Insurance. (h) All policies shall be written by responsible insurance companies with a Best’s rating of A- VIII or better and be licensed to do business in the State of New York. (i) Coverage is to be written on an “Occurrence” form. If coverage is written on a “Claims Made” or “Claims First Made” form, coverage must be maintained for a period of not less than twenty-four (24) months after the completion of the Work. (j) Contractor shall not do anything to cause any of the insurance required to be provided to be invalidated in whole or in part. (k) The insurance requirements set forth herein shall in no way limit Contractor’s or any Subcontractor’s liability arising out of work performed under this Contract, or any liability under the indemnification provisions set forth in any other contract entered into with Owner or any other provisions contained in the Contract Documents. The inclusions, coverage and limits set forth herein are the minimum inclusions, coverage and limits required by the Owner and should not be construed as a limitation of Owner’s rights under any policy with higher limits.

Terms of Insurance. The insurance obtained by the Contractor pursuant to section 12.1 of these General Conditions of Contract shall, unless otherwise stated above or unless otherwise expressly provided in the Contract Documents, be provided in accordance with the following terms and conditions:‌ (a) all The City acknowledges and agrees that the insurances referred to in clause 12.1 may be effected and maintained through a principal arranged insurance coverage specified in section 12.1(a), (b), (c), (d) and (i) shall provide for combined single limit liability for each occurrence of no less than amounts selected and approved by Owner and such coverage shall otherwise be in a form acceptable to Owner. In no event shall the minimum coverage be less than $1,000,000 per occurrencescheme. (b) RMS must ensure that the Contractor shall provide Owner with satisfactory proof public liability and products liability insurance referred to in clause 12.1(a) note the interests of insurance coverage required by this Section 12 priorto the Contractor entering upon the Plant Site and thereafter when requested by Owner. The Contractor will provide certified copies of actual insurance documents if requested by Owner. In the event that any insurance required by this section 12 expires, is cancelled or otherwise lapses during the term of this Contract, Work under the Contract shall immediately cease and shall resume only after satisfactory proof of insurance in compliance with section 12 is provided to OwnerCity. (c) Owner and its parent, affiliate and subsidiary companies shall All insurances required to be included as additional insureds on a primary basis for liability arising out of effected or caused to be affected by RMS in relation compliance with this clause 12 (other than the insurances referred to the Contractor’s work or operations performed under or incidental to this Contract, except for the coverage required in section clause 12.1(c) and clause 12.1(f)) which name more than one insured, must include a waiver and cross liability clause in which the insurer agrees: (ei) to waive all rights of these General Conditions subrogation or action that it may have or acquire against all or any of Contractthe persons comprising the insured; (ii) that the term "insured" applies to each of the persons comprising the insured as if a separate policy of insurance had been issued to each of them (subject always to the overall sum insured not being increased as a result); and (iii) that any non-disclosure, breach of any duty or act or omission by one insured does not prejudice the right of any other insured to claim under any insurance. (d) Each insurance policy shall provide In respect of the insurances required to be effected and maintained under this clause 12, RMS must give the City a certificate of currency to confirm that 30 days’ prior written notice the insurances have been effected and maintained in accordance with the requirements of this clause 12 whenever requested by the City (sent by certified mail, return receipt requested) shall be given to Owner of any cancellation of any such policy or policies or of any change material to the interest of Owner.acting reasonably): (e) All insurance maintained by the Contractor RMS will, or will be primary insurance procure that RMS' Employees and non-contributing with Agents, will: (i) not knowingly do or permit, or omit to do, anything which prejudices any insurance or self- required under this clause 12; (ii) rectify anything which might prejudice any insurance program required under this clause 12; (iii) reinstate an insurance required to be maintained by Ownerunder this clause 12 if it lapses; (iv) not allow any insurance required to be maintained under the clause 12 to lapse without the prior written consent of the City (acting reasonably); and (v) comply at all times with the terms of each insurance required under this clause 12. (f) To RMS will notify the extent permitted City of any occurrence of which it is aware that may give rise to a claim (other than a claim by applicable law, each insurance policy maintained by RMS) under the Contractor related to the operations under this Contract shall include an endorsement providing that the underwriters will waiveall rights of recovery, under subrogation or otherwise, against Owner Indemnified Parties. (g) Owner is to be included by endorsement as an Additional Insured on Contractor’s Commercial General Liability, Automobile Liability and Pollution Liability Insurance policies and must be as so designated on the Certificate(s) of Insurance. The Additional Insurance endorsement MUST be attached to the Certificate of Insurance. (h) All policies shall be written by responsible insurance companies with a Best’s rating of A- VIII or better and be licensed to do business in the State of New York. (i) Coverage is to be written on an “Occurrence” form. If coverage is written on a “Claims Made” or “Claims First Made” form, coverage must be maintained for a period of not less than twenty-four (24) months after the completion of the Work. (j) Contractor shall not do anything to cause any of the public liability insurance required to be provided to be invalidated in whole or in partunder clause 12.1(a). (k) The insurance requirements set forth herein shall in no way limit Contractor’s or any Subcontractor’s liability arising out of work performed under this Contract, or any liability under the indemnification provisions set forth in any other contract entered into with Owner or any other provisions contained in the Contract Documents. The inclusions, coverage and limits set forth herein are the minimum inclusions, coverage and limits required by the Owner and should not be construed as a limitation of Owner’s rights under any policy with higher limits.

Terms of Insurance. The Any insurance obtained required by the Contractor pursuant this Article 13 to section 12.1 of these General Conditions of Contract shall, unless otherwise stated above be maintained or unless otherwise expressly provided in the Contract Documents, caused to be provided in accordance with the following terms and conditions: maintained by either party hereto: (a) all may be obtained under a blanket policy or policies of insurance coverage specified in section 12.1(a)which cover not only the properties or risks required hereby to be covered but also other properties or risks, provided that the insurer supplies a written statement specifying that an amount of such insurance at least equal to that required hereby has been allocated to the property and/or risks to be insured hereby, (b)) shall, to the extent obtainable, name both Landlord and Tenant as insureds as their interests may appear, (c)) shall provide, to the extent obtainable, that any claim shall be payable to an insured notwithstanding any act or omission (negligent, willful or otherwise) of any other insured which might otherwise result in the forfeiture of the insurance afforded by such policy, (d) and (i) shall provide for combined single limit liability for each occurrence of no less than amounts selected and approved by Owner and provide, to the extent obtainable, that such coverage shall otherwise policy will not be in a form acceptable to Owner. In no event shall the minimum coverage be less than $1,000,000 per occurrence. (b) the Contractor shall provide Owner with satisfactory proof of insurance coverage required by this Section 12 priorto the Contractor entering upon the Plant Site and thereafter when requested by Owner. The Contractor will provide certified copies of actual insurance documents if requested by Owner. In the event that any insurance required by this section 12 expires, is cancelled or otherwise lapses during the term of this Contractmodified to reduce coverage as to risk, Work under the Contract shall immediately cease amount or named insured without at least 15 days' prior written notice to both Landlord and shall resume only after satisfactory proof of insurance in compliance with section 12 is provided to Owner. (c) Owner and its parentTenant, affiliate and subsidiary companies shall be included as additional insureds on a primary basis for liability arising out of or in relation to the Contractor’s work or operations performed under or incidental to this Contract, except for the coverage required in section 12.1(c) and (e) of these General Conditions of Contract. (d) Each with respect to insurance policy shall provide that 30 days’ prior written notice (sent by certified mail, return receipt requested) shall to be given maintained or caused to Owner of any cancellation of any such policy or policies or of any change material to the interest of Owner. (e) All insurance be maintained by the Contractor will Tenant, such insurance may name or be primary insurance and non-contributing with any insurance or self- insurance program maintained by Owner. (f) To and/or the extent permitted premiums for which may be paid by applicable lawany Mortgagee, each insurance policy maintained by the Contractor related to the operations under this Contract shall include Sublessee or other person or entity having an endorsement providing that the underwriters will waiveall rights of recovery, under subrogation insurable interest in all or otherwise, against Owner Indemnified Parties. (g) Owner is to be included by endorsement as an Additional Insured on Contractor’s Commercial General Liability, Automobile Liability and Pollution Liability Insurance policies and must be as so designated on the Certificate(s) of Insurance. The Additional Insurance endorsement MUST be attached to the Certificate of Insurance. (h) All policies shall be written by responsible insurance companies with a Best’s rating of A- VIII or better and be licensed to do business in the State of New York. (i) Coverage is to be written on an “Occurrence” form. If coverage is written on a “Claims Made” or “Claims First Made” form, coverage must be maintained for a period of not less than twenty-four (24) months after the completion any part of the Work. (j) Contractor shall not do anything to cause any of Premises or the Improvements. Certificates evidencing insurance coverage required to be provided maintained or caused to be invalidated in whole maintained by either party hereto shall be delivered by such party to the other party hereto on or in partprior to the first date upon which such coverage is required to be maintained hereunder and thereafter, with respect to renewals and replacements thereof, not later than 15 days prior to the expiration of the policy to be renewed or replaced. (k) The insurance requirements set forth herein shall in no way limit Contractor’s or any Subcontractor’s liability arising out of work performed under this Contract, or any liability under the indemnification provisions set forth in any other contract entered into with Owner or any other provisions contained in the Contract Documents. The inclusions, coverage and limits set forth herein are the minimum inclusions, coverage and limits required by the Owner and should not be construed as a limitation of Owner’s rights under any policy with higher limits.