Common use of Insurance Clause in Contracts

Insurance. Lessee, at Bank’s option, will either self-insure, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Lease.

Insurance. LesseeSupplier shall obtain and maintain for the duration of any Services insurance in forms and amounts satisfactory to Company which may include, at Bank’s option, will either self-insure, or at Lessee’s cost, will cause casualty insurance but not necessarily be limited to: Commercial General Liability (CGL) (including Contractual Liability coverage insuring the liabilities assumed herein) with minimum limits of liability of not less than $1,000,000 each per occurrence for bodily injury (including death) and property damage insurance to be carried Automobile Liability and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability Employers' Liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit minimum limits of liability of not less than $1,000,000 per occurrenceoccurrence on a single limit basis; statutorily required Worker's Compensation and Employers’ Liability ($100,000) insurance; Excess Liability insurance endorsed to apply on at least as “broad as primary basis” covering loss in excess of the limits of other insurance policies required herein with minimum limits of liability of $5,000,000. All At Company’s sole option and cost, Supplier shall procure Contractor Pollution Coverage insurance covering loss or damage associated with environmental hazards arising out of or in connection with the Services with minimum limits of liability of $1,000,000. Supplier shall furnish to Company a Certificate of Insurance completed by its insurance carrier(s) certifying that the required insurance coverages are in effect and naming Company and its affiliates as additional insureds for liability coverages including, with respect to CGL coverage, endorsements at least as broad as Insurance Services Office (ISO) endorsements CG 2010 10 01 (ongoing operations) and CG 2037 10 01 (completed operations) In addition, such certificate shall indicate that the insurer shall not cancel or materially change the coverage until ten (10) days after prior written notice has been delivered to the Company. Coverage required herein shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank endorsed to be a loss payee primary to and not seek contribution from Company or its affiliates and provide that Supplier’s insurer shall have no rights of recovery, by subrogation or otherwise, against Company or its affiliates. Nothing in this paragraph shall be taken as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public limiting Supplier’s liability insurance in an amount equal to Company or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseparty.

Insurance. LesseeBorrower shall, and shall cause each Material Subsidiary to, (a) keep all of its insurable properties and assets adequately insured against losses, damages and hazards as are customarily insured against by businesses engaging in similar activities or lines of business or owning similar assets or properties, including, without limitation, liability, errors and omissions, property and business interruption insurance, as applicable, and (b) maintain general liability insurance at Bank’s optionall times against liability on account of damage to persons and property having such limits, will either selfdeductibles, exclusions and co-insure, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, other provisions as are customary for public entities such as the Lesseea business engaged in activities similar to those of Borrower or each Material Subsidiary. A combination of self- insurance and Such policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a (or the loss payee as its interest under this Lease may appear on such property damage insurance policies, payable and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is endorsements delivered to Lessee and at least Agent) shall contain provisions pursuant to which the insurer agrees to provide no less than thirty (30) days before prior written notice to Agent in the expiration event of any non-renewal, cancellation or amendment of any such policiesinsurance policy. Borrower shall deliver to Agent within 15 Business Days after the Closing Date or such longer period of time as may be reasonably agreed by Agent and in form and substance reasonably satisfactory to Agent, endorsements to (i) all casualty insurance naming Agent as loss payee, and (ii) all general liability and other liability policies naming Agent as additional insured. If Borrower at any time shall fail to obtain or maintain any of the policies of insurance required above or to pay all premiums relating thereto, Agent may at any time thereafter obtain and maintain such policies of insurance and pay such premiums and take any other action with respect thereto that Agent deems advisable. Agent shall have no obligation to obtain insurance for Borrower or pay any premiums therefor. By endorsement upon the policy doing so, Agent shall not be deemed to have waived any Event of Default arising from Borrower’s failure to maintain such insurance or pay any premiums therefor and shall have no liability to Borrower for failing to do so. All sums so disbursed by independent instrument furnished Agent, including premiums, reasonable attorneys’ fees, court costs and other charges related thereto, shall be payable on demand by Borrower to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this LeaseAgent in accordance with Section 9.1 hereof.

Insurance. LesseeThroughout the term of this Lease Agreement, at Bank’s optionLessee will cany the following insurance Worker's Compensation and Employers Liability --Worker's Compensation --Employers Liability Bodily Injury by Accident Bodily Injury by Disease Statutory Limit $100,000 each accident $500,000 each employee $500,000 policy limit The Workers Compensation policy shall be modified to include a Waiver of Subrogation Endorsement in favor of the Board. Commercial General Liability --Bodily Injury/Property Damage --Fire Damage Legal Liability (following form with the umbrella insurance) Excess Liability Insurance (umbrella insurance) $1,000,000 per occunence $2,000,000 aggregate $ 50,000 each incident $1,000,000 per occurrence $5,000,000 aggregate The Board is to be named as an additional insured under Xxxxxx's Commercial General Liability Insurance and other appropriate policies throughout the term of this Lease Agreement and any subsequent renewals thereof. All insurance coverage for the additional insureds shall be on a primary and non-contributory basis. All policies shall provide that any insurance maintained by the additional insureds is excess and non-contributing with any insurance required hereunder. A Certificate of Insurance evidencing the aforementioned insurance requirements is required to be provided to the Board before any services are to commence under this Lease Agreement. Lessee must provide the Board sixty (60) days advance notice prior to any change, will either self-insuretermination, or at cancellation of insurance coverage. The indemnification obligation under this Lease Agreement shall not be reduced in any way by the existence or non-existence, limitation, amount or type of damages, compensation or benefits payable under Worker's Compensation laws or other insurance provisions. Under no circumstances is the Board's recovery limited due to the fact that it is named as an additional insured under the Lessee’s cost, will cause casualty 's insurance and policy as listed above. The Board is responsible for property damage insurance covering leased premises. The Lessee agrees to be carried responsible for insurance covering Xxxxxx's contents and maintained improvements while on site during term of said lease. The Board shall not be responsible for any damage, loss, vandalism, or theft of Xxxxxx's improvements, equipment, supplies, materials, or personal property including personal property or belongings of its invitees. It is the Leased Propertyintention and agreement that Lessee shall carry such insurance as contemplated herein and shall look to its insurer for reimbursement of any such loss, with all and fmiher that the insurer involved shall have no subrogation rights against the Board. Lessee shall advise its insurance company of this release and such coverages to be in such amounts sufficient to cover policy shall, if necessary, contain a waiver of any right of subrogation by the value of insurer against the Leased Property at Board. Before the commencement of this Lease (as determined by the purchase price paid for the Leased Property)Lease, and public liability insurance with respect to the Leased Property in the amounts evidence of all required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such formssubmitted electronically to MPS, attention Xx. Xxxxx Xxxx, Contract Clerk at xxxxxx@xxxxxxxxx.xx0.xx.xx and to cover such risks, MPS third party vendor Xxxxxx Insurance Agency attention Xx. Xxxxxx Xxxxxx at xxxxxxx@xxxxxxxxxxxx.xxx. Waivers and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, exceptions to the extent permitted above limites will be in the sole discretion of MPS and shall be recorded which records are incorporated into this Contract by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leasereference.

Insurance. LesseeThe CONTRACTOR, at Bank’s optionits successors and assignees, will either self-insureMajor Subcontractors, and Subcontractors shall procure and maintain such insurance as is required by currently applicable State and federal law and regulation. Such insurance shall include, but not be limited to, the following: Liability insurance for loss, damage, or at Lessee’s cost, will cause casualty insurance injury (including death) of third parties arising from acts and property damage insurance to be carried and maintained omissions on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value part of the Leased Property at CONTRACTOR, its agents and employees; Workers’ compensation as required by State and/or federal regulations; Unemployment insurance as required by State and/or federal regulations; Adequate protections against financial loss due to outlier (catastrophic) cases and Member utilization that is greater than expected. The CONTRACTOR shall submit to HCA such written documentation, as is necessary, to show the commencement existence of this Lease (protection, which includes reinsurance as determined by the purchase price paid for the Leased Property), and public liability specified in Section 4.19.10 of this Agreement; Automobile insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted applicable to CONTRACTOR’s operations; and Health insurance for employees as further set forth in Section 7.31 of this Agreement. The CONTRACTOR shall provide HCA with documentation, at least annually, that the above specified insurance has been obtained, and the CONTRACTOR’s Subcontractors and Major Subcontractors shall provide the same documentation to the CONTRACTOR. Financial Stability Throughout the term of this Agreement, the CONTRACTOR shall: Comply with and be subject to all applicable State and federal statutes and regulations, including those regarding solvency and risk standards. In addition, the CONTRACTOR shall meet specific Medicaid financial requirements and present to HCA any information and records deemed necessary to determine its financial condition. The response to requests for information and records shall be delivered to HCA at no cost to HCA, in reasonable time from the date of the request or as specified herein; and Immediately notify HCA when the CONTRACTOR has reason to consider insolvency or otherwise has reason to believe it or any Subcontractor or Major Subcontractor is other than financially sound and stable, or when financial difficulties are significant enough for the CEO or CFO to notify the CONTRACTOR’s board of the potential for insolvency. The CONTRACTOR shall be responsible for sound financial management of its MCO. The CONTRACTOR shall comply with financial viability standards/performance guidelines and cooperate with HCA reviews of the ratios and financial viability standards listed below. Failure to maintain the Current Ratio (Section 4.19.8.3.1 of this Agreement) and financial viability standards may be considered a material breach of this Agreement. Current Ratio: Current assets divided by law, current liabilities must be payable to Bank in an amount greater than or equal to the then outstanding principal 1.00. Current assets may include Insolvency Protection (Section 4.19.2 of this Agreement) and accrued interest components Surplus Requirements (Section 4.19.3 of the Lease Payments at the time of such damage this Agreement) balances as appropriate. Defensive Interval: Must be greater than or destruction as provided by Section 8.1. Lessee will deliver equal to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of Calendar Days. Defensive Interval = (Cash + Current Investments) / ((Operating Expense – Non-Cash Expense) / (Period Being Measured in Days)) Non-Cash expense is any such policies. By endorsement upon the policy or by independent instrument furnished to Bankexpense not paid for in cash, such insurer will agree that as depreciation. If the CONTRACTOR fails to maintain either the current ratio or defensive interval, then the CONTRACTOR shall submit a written plan to reestablish a positive working capital balance for approval by HCA. HCA may take action it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working ondeems appropriate, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term including termination of this Lease.Agreement, if: (i) the CONTRACTOR does not propose a plan to reestablish compliance-stated ratios in Sections 4.19.8.3.1 and 4.19.8.3.2 of this Agreement within a reasonable period of time; (ii) the CONTRACTOR violates a DCAP; or (iii) HCA determines that the compliance with the stated ratios cannot be corrected within a reasonable time. Performance Bond

Insurance. LesseeAt such time as any LICENSED PRODUCT is being commercially SOLD (other than for the purpose of obtaining regulatory approvals) by LICENSEE, at Bank’s option, will either self-insurea SUBLICENSEE, or a subsidiary or agent of LICENSEE, LICENSEE shall at Lesseeits sole cost and expense, procure and maintain commercial general liability insurance in amounts not less than $[**] per occurrence and naming UNIVERSITY, its Curators, employees, agents, and affiliates, as additional insureds. Such commercial general liability insurance shall provide (a) product liability coverage and (b) contractual liability coverage for LICENSEE’s costindemnification under this AGREEMENT unless the UNIVERSITY Risk and Insurance Management expressly waives such requirement in writing. Such insurance will be considered primary as to any other valid and collectible insurance, will cause casualty insurance and property damage insurance but only as to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value acts of the Leased Property at the commencement named insured. Any carrier providing coverage shall have a minimum “Best” rating of this Lease (as determined by the purchase price paid for the Leased Property), and public “A-XIII”. The minimum amounts of insurance coverage required shall not be construed to create a limit of LICENSEE’s liability insurance with respect to its indemnification under this AGREEMENT. LICENSEE shall maintain such commercial general liability insurance beyond the Leased Property expiration or termination of this AGREEMENT during (i) the period that any product, process, or service, relating to, or developed pursuant to this AGREEMENT is being commercially SOLD by LICENSEE or its SUBLICENSEE and (ii) a reasonable period after the period referred to in the amounts required by law, but (i) above which in no event shall be less than [**]. [**] UM Patent Commercialization License Exclusive Decibel Therapeutics, Inc. LICENSEE shall provide Workers’ Compensation in accordance with a applicable state statutes or provide evidence of monopolistic state coverage. LICENSEE shall also purchase Employers Liability insurance with the following limits: $[**] each accident, disease each employee and disease policy limit less than $1,000,000 per occurrenceLICENSEE shall provide UNIVERSITY with written evidence of the insurance requirements of this Section 6.02 within [**] after such insurance becomes necessary pursuant to this AGREEMENT. All insurance LICENSEE shall be provide UNIVERSITY with written notice at least [**] prior to the cancellation, non-renewal or material change in such formsinsurance; if LICENSEE does not obtain replacement insurance providing comparable coverage within such [**] period, UNIVERSITY shall have the right to cover terminate this AGREEMENT effective at the end of such risks[**] period without notice or any additional waiting periods. It is agreed that the insurance required is required in the public interest and UNIVERSITY does not assume any liability for acts of LICENSEE, their officers, agents, and employees or of a SUBLICENSEE, their officers, agents, and employees, in connection with such insurers, as are customary for public entities such as the Lessee. A combination granting of self- insurance and policies of insurance may be utilizedthis AGREEMENT. If policies LICENSEE elects to self-insure all or part of insurance are obtainedthe limits described above, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating program must be acceptable to casualty UNIVERSITY’s Risk and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this LeaseInsurance Management department.

Insurance. LesseeDebtor shall insure the Collateral against loss by fire (including extended coverage), theft and other hazards, for its full insurable value including replacement costs, with a deductible not to exceed Fifty Thousand and 00/100 Dollars ($50,000.00) per occurrence and without co-insurance. In addition, Debtor shall obtain liability insurance covering liability for bodily injury, including death and property damage, in an amount of at Bank’s option, will either self-insureleast Five Million and 00/100 Dollars ($5,000,000.00) per occurrence or such greater amount as may comply with general industry standards, or at Lessee’s cost, will cause casualty in such other amounts as Secured Party may otherwise require. All policies of insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to required hereunder shall be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property)form, and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risksamounts, and with such insurers, companies as are customary Secured Party may approve; shall provide for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before prior written notice to Secured Party prior to any modification or cancellation thereof; shall name Secured Party as loss payee or additional insured, as applicable, and shall be payable to Debtor and Secured Party as their interests may appear; shall waive any claim for premium against Secured Party; and shall provide that no breach of warranty or representation or act or omission of Debtor shall terminate, limit or affect the insurers' liability to Secured Party. Certificates of insurance or policies evidencing the insurance required hereunder along with satisfactory proof of the payment of the premiums therefor shall be delivered to Secured Party. Debtor shall give immediate written notice to Secured Party and to insurers of loss or damage to the Collateral and shall promptly file proofs of loss with insurers. Debtor hereby irrevocably appoints Secured Party as Debtor's attorney-in-fact, coupled with an interest, for the purpose of obtaining, adjusting and canceling any such insurance and endorsing settlement drafts. Debtor hereby assigns to Secured Party, as additional security for the Indebtedness, all sums which may become payable under such insurance. In the event Debtor fails to provide Secured Party with evidence of the insurance coverage required by this Agreement, Secured Party may purchase insurance at Debtor's expense to protect Secured Party's interests in the Collateral. This insurance may, but need not, protect Debtor's interests. The coverage purchased by Secured Party may not pay any claim made by Debtor or any claim that is made against Debtor in connection with the Collateral. Debtor may later cancel any insurance purchased by Secured Party, but only after providing Secured Party with evidence that Debtor has obtained insurance as required by this Agreement. If Secured Party purchases insurance for the Collateral, Debtor will be responsible for the costs of that insurance, including interest and other charges imposed by Secured Party in connection with the placement of the insurance, until the effective date of the cancellation or expiration of any such policiesthe insurance. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration The costs of the policyinsurance may be added to the Indebtedness. Lessee will carry workers compensation The costs of the insurance covering all employees working on, in, or about may be more than the Leased Property, and will require any other person or entity working on, in, or about the Leased Property cost of insurance Debtor is able to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseobtain on its own.

Insurance. LesseeBorrower shall maintain, at Bank’s optionand cause each Subsidiary to maintain, will either self-insureinsurance with one or more financially sound and reputable insurance carrier or carriers reasonably acceptable to the Administrative Agent, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (including deductibles) and covering such risks (including fidelity coverage) as determined are usually carried by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property companies engaged in the amounts required by lawsame or a similar business and similarly situated, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such formsprovided, to cover such riskshowever, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses willthat Borrower may, to the extent permitted by lawLaw, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or provide for appropriate self-insurance satisfactory with respect to Bankworkers’ compensation. At the request of Administrative Agent, together copies of all policies (or such other proof of compliance with receipts for the applicable premiums before the Leased Property is this Section as may be reasonably satisfactory) shall be delivered to Lessee the Administrative Agent. All such insurance policies shall contain a provision requiring at least ten (10) days’ notice to Borrower prior to any cancellation for non-payment of premiums and at least thirty forty-five (3045) days’ notice to Borrower of cancellation for any other reason or of non-renewal. With respect to all such insurance policies, Borrower shall provide the Administrative Agent with (a) within ten (10) days before after obtaining such knowledge, written notice of any material modification of which it has knowledge; and (b) one or more certificates of insurance which shall include the expiration agreement of the broker/insuror representative providing such certificates to provide to the Administrative Agent at least ten (10) days’ notice prior to any cancellation of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank insurance policies for non-payment of premiums and at least thirty forty-five (3045) days' written ’ notice prior to cancellation of any such insurance policies for any other reason, and of non-renewal or alteration material modification of any such insurance policies. No later than forty (40) days prior to expiration, Borrower shall give the policy. Lessee will carry workers compensation insurance covering Administrative Agent (x) satisfactory written evidence of renewal of all employees working on, insuch policies with premiums paid, or about (y) a written report as to the Leased Propertysteps being taken by Borrower to renew or replace all such policies, provided that notwithstanding the receipt of such written report, the Administrative Agent may at any time thereafter give Borrower written notice to provide the Administrative Agent with such evidence as described in clause (x), in which case Borrower must do so within ten (10) days of such notice. Borrower agrees to pay all premiums on such insurance as they become due (including grace periods), and will require not permit any other person condition to exist which would wholly or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leasepartially invalidate any insurance thereon.

Insurance. LesseeThe Borrowers will maintain with financially sound and reputable carriers having a financial strength rating of at least A- by A.M. Best Company insurance against: (i) loss or damage by fire and loss in transit; (ii) theft, at Bank’s optionburglary, will either self-insurepilferage, or at Lessee’s costlarceny, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property)embezzlement, and public liability insurance with respect to the Leased Property other criminal activities; (iii) business interruption; (iv) general liability; and (v) and such other hazards, as is customary in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrencebusiness of such Person. All such insurance shall be written in such formsamounts, to cover such risks, assets and with such insurers, as are customary for public entities such as be under policies acceptable to the LesseeAdministrative Agent in its Permitted Discretion (subject to the following criteria). A combination of self- All hazard insurance and policies such other insurance as Administrative Agent shall specify in the exercise of its Permitted Discretion shall contain a mortgagee endorsement or an equivalent satisfactory to Administrative Agent showing Administrative Agent as first loss payee thereof. Each policy of liability insurance referred to in this Section 5.09 shall name the Secured Parties as additional insured. Every policy of insurance may referred to in this Section 5.09 shall contain an agreement by the insurer that it will not cancel such policy for any reason except after 30 days prior written notice to the Administrative Agent and that any loss payable thereunder shall be utilizedpayable. If policies of insurance are obtainedThe Borrowers shall, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, upon the Administrative Agent’s request and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by lawreasonably available, be payable to Bank in an amount equal deliver to the then outstanding principal and accrued interest components of the Lease Payments at the time Administrative Agent certified copies of such damage or destruction as provided by Section 8.1insurance. Lessee will deliver to Bank the policies or evidences Certificates of insurance or self-insurance reasonably satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is Administrative Agent evidencing such insurance shall be delivered to Lessee and at least thirty (30) the Administrative Agent no more than seven days before following the expiration issuance of any such policies. By In the event of failure by any Borrower to provide and maintain insurance as provided herein, the Administrative Agent may, at its option and, if no Event of Default has occurred and is continuing, upon notice to the Administrative Borrower, provide such insurance and charge the amount thereof to the Borrowers. No Borrower shall take out separate insurance concurrent in form or contributing in the event of loss with that required to be maintained under this Section 5.09, unless the Administrative Agent is included thereon as additional insured with the loss payable to the Administrative Agent under a standard mortgagee endorsement upon or its equivalent. The Borrowers immediately shall notify the policy or by independent instrument furnished Administrative Agent whenever such separate insurance is taken out, specifying the insurer thereunder and full particulars as to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about policies evidencing the Leased Propertysame, and will require copies of such policies promptly shall be provided to the Administrative Agent. The Borrowers shall not, and shall not permit any other person Person to, use or entity working on, in, or about the Leased Property permit any property of any Borrower to carry such be used in any manner which might render inapplicable any insurance coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Lease.

Insurance. LesseeEach Borrower and Guarantor shall, and shall cause any Subsidiary to, at Bank’s optionall times, will either self-insure, or at Lessee’s cost, will cause casualty insurance maintain with financially sound and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability reputable insurers insurance with respect to the Leased Property Collateral against loss or damage and all other insurance of the kinds and in the amounts required customarily insured against or carried by law, but corporations of established reputation engaged in no event with a policy limit less than $1,000,000 per occurrencethe same or similar businesses and similarly situated. All Said policies of insurance shall be written in reasonably satisfactory to Agent as to form, amount and insurer. Borrowers and Guarantors shall furnish certificates, policies or endorsements to Agent as Agent shall reasonably require as proof of such formsinsurance, and, if any Borrower or Guarantor fails to do so, Agent is authorized, but not required, to cover obtain such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time expense of such damage or destruction as provided by Section 8.1Borrowers. Lessee will deliver to Bank the All policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts shall provide for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration prior written notice to Agent of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration reduction of coverage and that Agent may act as attorney for each Borrower and Guarantor in obtaining, and at any time an Event of Default exists or has occurred and is continuing, adjusting, settling, amending and canceling such insurance. Borrowers and Guarantors shall cause Agent to be named as a loss payee and an additional insured (but without any liability for any premiums) under such insurance policies and Borrowers and Guarantors shall obtain non-contributory lender’s loss payable endorsements to all insurance policies in form and substance satisfactory to Agent. Such lender’s loss payable endorsements shall specify that the proceeds of such insurance shall be payable to Agent as its interests may appear and further specify that Agent and Lenders shall be paid regardless of any act or omission by any Borrower, Guarantor or any of its or their Affiliates. Without limiting any other rights of Agent or Lenders, any insurance proceeds received by Agent at any time may be applied to payment of the policy. Lessee will carry workers compensation insurance covering all employees working onObligations, inwhether or not then due, or about the Leased Property, in any order and will require any other person or entity working on, in, or about the Leased Property to carry in such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leasemanner as Agent may determine.

Insurance. Lessee, at Bank’s option, will either self-insureThe Borrower shall maintain for itself and its Subsidiaries, or at Lessee’s costshall cause such Subsidiaries to maintain in full force and effect, will cause casualty the insurance policies and property programs listed on Schedule 6.16 to this Agreement or substantially similar policies and programs or other policies and programs as reflect coverage that is reasonably consistent with prudent industry practice. The Borrower shall deliver to the Administrative Agent endorsements in form and substance reasonably acceptable to the Administrative Agent to all "All Risk" physical damage insurance to be carried and maintained policies on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property Borrower's and its Subsidiaries' tangible real and personal property and assets and business interruption insurance policies (if any) naming the Administrative Agent loss payee. In the event the Borrower or any Subsidiary at any time or times hereafter shall fail to obtain or maintain any of the commencement of this Lease policies or insurance required herein or to pay any premium in whole or in part relating thereto, then the Administrative Agent, without waiving or releasing any obligations or resulting Default hereunder, may at any time or times thereafter (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in under no obligation to do so) obtain and maintain such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance and pay such premiums and take any other action with respect thereto which the Administrative Agent reasonably deems advisable. All sums so disbursed by the Administrative Agent shall constitute part of the Secured Obligations, payable as provided in this Agreement. In connection with any such disbursements by the Administrative Agent on behalf of the Borrower or its Subsidiaries and in accordance with the provisions of applicable law, the Administrative Agent hereby gives the following notice: Unless you (the Borrower and it Subsidiaries) provide us (the Administrative Agent) with evidence of the insurance coverage required by your agreement with us (i.e., under this Agreement and the Security Agreements), we may purchase insurance at your expense to protect our interests in your collateral. This insurance may, but need not, protect your interests. The coverage that we purchase may not pay any claim that you make or any claim that is made against you in connection with the collateral. You may later cancel any insurance purchased by us, only after providing us with evidence that you have obtained insurance as required by our agreement. If we purchase insurance for the collateral, you will be responsible for the costs of that insurance, including interest and any other charges we may impose in connection with the placement of the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance may be utilizedadded to your total outstanding balance or obligation. If policies The costs of the insurance may be more than the cost of insurance are obtained, Lessee will cause Bank you may be able to be a loss payee as its interest under this Lease may appear obtain on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseyour own.

Insurance. Lessee(a) Each Loan Party shall, at Bank’s optionits sole cost and expense, will either self-insure, maintain or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on maintained, the Leased Property, with all such coverages to be policies of insurance in such amounts sufficient to cover the and as otherwise described in Annex E and with insurers recognized as adequate by Agent. Borrower shall notify Agent promptly of any occurrence causing a material loss or decline in value of any real or personal property and the Leased Property at estimated (or actual, if available) amount of such loss or decline, except as specified otherwise in Annex E. Each Loan Party hereby directs all present and future insurers under its “All Risk” policies of insurance to pay all proceeds payable thereunder directly to Agent, other than proceeds relating to the commencement loss or damage to property which secures Indebtedness permitted under clause (c) of this Lease (as determined Section 6.3 which is required by the purchase price terms of such Indebtedness to be paid to the holder thereof (“excluded proceeds”). Each Loan Party irrevocably makes, constitutes and appoints Agent (and all officers, employees or agents designated by Agent) as its true and lawful agent and attorney in-fact for the Leased Propertypurpose of, upon the occurrence and during the continuance of a Default, making, settling and adjusting claims under the “All Risk” policies of insurance, endorsing the name of such Person on any check, draft, instrument or other item of payment for the proceeds of such “All Risk” policies of insurance (other than excluded proceeds), and public liability insurance for making all determinations and decisions with respect to such “All Risk” policies of insurance. In the Leased Property in event any Loan Party at any time or times hereafter shall fail to obtain or maintain (or fail to cause to be obtained or maintained) any of the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance required above or to pay any premium in whole or in part relating thereto, Agent, without waiving or releasing any Obligations or Default hereunder, may at any time or times thereafter (but shall not be utilized. If obligated to) obtain and maintain such policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on and pay such property damage insurance policies, premium and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require take any other person or entity working onaction with respect thereto which Agent deems advisable. All sums so disbursed, inincluding reasonable attorneys’ fees, or about court costs and other charges related thereto, shall be payable, on demand, by Borrower to Agent and shall be additional Obligations hereunder secured by the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this LeaseCollateral.

Insurance. LesseeBefore using any of said rights granted herein and at its own expense, CONTRACTOR shall purchase and maintain, or require its agent(s)/subcontractor to purchase and maintain, the insurance described below for the entire duration of this Agreement. Failure to purchase and maintain the required insurance may result in the termination of the Agreement at BankDNR’s option, will either self-insure. All insurance provided in compliance with this Agreement shall be primary as to any other insurance or self- insurance programs afforded to, or at Lessee’s costmaintained by, will cause casualty the State of Washington, Department of Natural Resources. CONTRACTOR shall provide DNR with certificates of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be requirements specified in such amounts sufficient to cover the value this Agreement before using any of said rights granted herein. The description section of the Leased Property at certificate shall contain the commencement Contract Number and the name of the DNR Project Manager. Contractor shall also provide renewal certificates as appropriate during the term of this Lease Agreement. CONTRACTOR shall include all subcontractors and agents as insured under all required insurance policies or shall provide separate certificates of insurance for each subcontractor or agent. Failure of CONTRACTOR to have its subcontractors and agents comply with the insurance requirements contained herein does not limit CONTRACTOR’s liability or responsibility. INSURANCE TYPES & LIMITS: The limits of insurance, which may be increased by State, as deemed necessary, shall not be less than as follows: Commercial General Liability (as determined by the CGL) Insurance: CONTRACTOR shall purchase price paid for the Leased Property), and public maintain commercial general liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit of not less than $1,000,000 per each occurrence. If such CGL insurance contains aggregate limits, the general aggregate limits shall be at least twice the "each occurrence" limit, and the products-completed operations aggregate limit shall be at least twice the "each occurrence" limit. All insurance must cover liability arising out of premises, operations, independent contractors, products completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another party assumed in a business contract) and contain separation of insured (cross-liability) condition. Employer's liability ("Stop Gap") Insurance: CONTRACTOR shall purchase and maintain employer’s liability insurance and if necessary, commercial umbrella liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. Business Auto Policy (BAP) Insurance: CONTRACTOR shall purchase and maintain business auto insurance and if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 per accident, with such insurance covering liability arising out of "Any Auto". The policy shall be written in such forms, endorsed to provide contractual liability coverage and cover such risks, and with such insurers, as are customary a “covered pollution cost or expense.” CONTRACTOR waives all rights of subrogation against State for public entities such as the Lessee. A combination recovery of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, damages to the extent permitted they are covered by law, be payable to Bank in an amount equal business auto liability or commercial umbrella liability insurance. Industrial Insurance (Workers Compensation): CONTRACTOR shall comply with Title 51 RCW by maintaining workers’ compensation insurance for its employees. CONTRACTOR waives all rights of subrogation against State for recovery of damages to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided extent they are covered by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to BankIndustrial Insurance, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bankemployer’s liability, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working ongeneral liability, inexcess, or about umbrella insurance. CONTRACTOR waives its Title 51 RCW immunity to the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of extent it is required by its indemnity obligation under this Lease.Agreement. Additional Provisions:

Insurance. LesseeAt Borrowers’ expense, at Bank’s optionmaintain insurance respecting each of the Loan Parties’ and their Subsidiaries’ assets wherever located, will either self-insurecovering liabilities, losses or at Lessee’s cost, will cause casualty damage as customarily are insured against by other Persons engaged in the same or similar businesses. All such policies of insurance shall be with financially sound and property damage reputable insurance to be carried companies and maintained on the Leased Property, with all such coverages to be in such amounts sufficient as is carried generally in accordance with sound business practice by companies in similar businesses similarly situated and located. All property insurance policies covering the Collateral are to cover be made payable to Agent for the value benefit of Agent and the Lenders, as their interests may appear, in case of loss, pursuant to a standard loss payable endorsement with a standard non contributory “lender” or “secured party” clause and are to contain such other provisions as Agent may reasonably require to fully protect the Lenders’ interest in the Collateral and to any payments to be made under such policies. All certificates of property and general liability insurance shall, promptly upon the request of Agent, be delivered to Agent, with the loss payable (but only in respect of Collateral) and additional insured endorsements in favor of Agent and shall provide for not less than 30 days (or 10 days in the case of non-payment) prior written notice to Agent of the Leased Property exercise of any right of cancellation. If any Borrower fails to maintain such insurance while an Event of Default exists, Agent may arrange for such insurance, but at such Borrower’s expense and without any responsibility on Agent’s part for obtaining the commencement insurance, the solvency of this Lease the insurance companies, the adequacy of the coverage, or the collection of claims. Borrowers shall give Agent prompt notice of any loss exceeding $250,000 covered by its casualty or business interruption insurance. Upon the occurrence and during the continuance of an Event of Default, Agent (as determined by upon the purchase price paid for direction of the Leased Property), Required Lenders) shall have the sole right to file claims under any property and public general liability insurance policies (and not under business interruption insurance policies) in respect of the Collateral (other than with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such formsany Term Priority Collateral), to cover such risksreceive, receipt and give acquittance for any payments that may be payable thereunder, and with such insurersto execute any and all endorsements, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance receipts, releases, assignments, reassignments or other documents that may be utilized. If policies necessary to effect the collection, compromise or settlement of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest any claims under this Lease may appear on any such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, The Loan Parties shall give prior written notice to the extent permitted by law, be payable Required Lenders prior to Bank in an amount equal to the then outstanding principal and accrued interest components any change (outside of the Lease Payments at the time of such damage ordinary course consistent with past practice) to any insurance policy listed on Schedule 4.32 related to executive risk or destruction as provided by Section 8.1. Lessee will deliver directors and officers insurance (including any change to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseamount insured or deductible).

Insurance. LesseeThe Borrowers will maintain or cause to be maintained, at Bank’s optionwith financially sound and reputable insurers, will either selfsuch public liability insurance, third-insureparty property damage insurance, or at Lessee’s cost, will cause casualty business interruption insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability casualty insurance with respect to liabilities, losses or damage, in respect of the Leased Property assets, properties and businesses of the Borrowers and their Subsidiaries as may customarily be carried or maintained under similar circumstances by Persons of established reputation engaged in similar businesses, in each case in such amounts (giving effect to self-insurance), with such deductibles, covering such risks and otherwise on such terms and conditions as shall be customary for such Persons. Without limiting the amounts required generality of the foregoing, the Company will maintain or cause to be maintained (a) [reserved] and (b) replacement value casualty insurance on the Collateral under such policies of insurance, with such insurance companies, in such amounts, with such deductibles, and covering such risks as are at all times carried or maintained under similar circumstances by law, but Persons of established reputation engaged in no event with a similar businesses. Each such policy limit less than $1,000,000 per occurrence. All of insurance shall be written in such formsname the Collateral Agent, to cover such risks, and with such insurerson behalf of the Secured Parties, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on thereunder as its interests may appear or contain a primary loss payable clause or endorsement, reasonably satisfactory in form and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, substance to the extent permitted Collateral Agent, that names the Collateral Agent, on behalf of the Secured Parties, as the loss payee thereunder, as applicable, and provide for at least fifteen (15) days’ (or such shorter period as may be consented to by law, be payable to Bank the Collateral Agent in an amount equal its reasonable discretion) prior written notice to the then outstanding principal and accrued interest components Collateral Agent of the Lease Payments at the time any cancellation of such damage or destruction as policy ; provided by Section 8.1. Lessee will that if the Company uses commercially reasonable efforts to obtain the agreement of its then existing insurance companies to deliver such prior written notice of cancellation and is unable to Bank obtain such agreement from its insurers, then the policies or evidences Administrative Agent shall waive such requirement; provided, further that, unless an Event of insurance or self-insurance satisfactory Default shall have occurred and be continuing, the Collateral Agent shall turn over to Bank, together with receipts for the applicable premiums before Borrower any amounts received by it as loss payee under any casualty insurance maintained by such Borrower or its Subsidiaries, the Leased Property is delivered disposition of such amounts to Lessee be subject to the provisions of Section 2.05(c)(ii), and, unless an Event of Default shall have occurred and at least thirty (30) days before be continuing, the expiration of Administrative Agent agrees that the applicable Borrower and/or the applicable Subsidiary shall have the sole right to adjust or settle any claims under such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseinsurance.

Insurance. LesseeBefore using any of said rights granted herein and at its own expense, CONTRACTOR shall purchase and maintain, or require its agent(s)/subcontractor to purchase and maintain, the insurance described below for the entire duration of this Agreement. Failure to purchase and maintain the required insurance may result in the termination of the Agreement at BankDNR’s option, will either . All insurance provided in compliance with this Agreement shall be primary as to any other insurance or self-insureinsurance programs afforded to, or at Lessee’s costmaintained by, will cause casualty the State of Washington, Department of Natural Resources. CONTRACTOR shall provide DNR with certificates of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be requirements specified in such amounts sufficient to cover the value this Agreement before using any of said rights granted herein. The description section of the Leased Property at certificate shall contain the commencement Contract Number and the name of the DNR Project Manager. Contractor shall also provide renewal certificates as appropriate during the term of this Lease Agreement. CONTRACTOR shall include all subcontractors and agents as insured under all required insurance policies or shall provide separate certificates of insurance for each subcontractor or agent. Failure of CONTRACTOR to have its subcontractors and agents comply with the insurance requirements contained herein does not limit CONTRACTOR’s liability or responsibility. INSURANCE TYPES & LIMITS: The limits of insurance, which may be increased by State, as deemed necessary, shall not be less than as follows: Commercial General Liability (as determined by the CGL) Insurance: CONTRACTOR shall purchase price paid for the Leased Property), and public maintain commercial general liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit of not less than $1,000,000 per each occurrence. If such CGL insurance contains aggregate limits, the general aggregate limits shall be at least twice the "each occurrence" limit, and the products-completed operations aggregate limit shall be at least twice the "each occurrence" limit. All insurance must cover liability arising out of premises, operations, independent contractors, products completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another party assumed in a business contract) and contain separation of insured (cross-liability) condition. Employer's liability ("Stop Gap") Insurance: CONTRACTOR shall purchase and maintain employer’s liability insurance and if necessary, commercial umbrella liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. Business Auto Policy (BAP) Insurance: CONTRACTOR shall purchase and maintain business auto insurance and if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 per accident, with such insurance covering liability arising out of "Any Auto". The policy shall be written in such forms, endorsed to provide contractual liability coverage and cover such risks, and with such insurers, as are customary a “covered pollution cost or expense.” CONTRACTOR waives all rights of subrogation against State for public entities such as the Lessee. A combination recovery of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, damages to the extent permitted they are covered by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage business auto liability or destruction as provided commercial umbrella liability insurance. Industrial Insurance (Workers Compensation): CONTRACTOR shall comply with Title 51 RCW by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry maintaining workers compensation insurance covering for its employees. CONTRACTOR waives all employees working onrights of subrogation against State for recovery of damages to the extent they are covered by Industrial Insurance, inemployer’s liability, general liability, excess, or about umbrella insurance. CONTRACTOR waives its Title 51 RCW immunity to the Leased Propertyextent it is required by its indemnity obligation under this Agreement. ADDITIONAL PROVISIONS: Additional Insured: The State of Washington, Department of Natural Resources, its officials, agents, and will require any other person or entity working onemployees shall be named as additional insured by endorsement on all general liability, in, or about the Leased Property to carry such coverageexcess, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseumbrella insurance policies.

Insurance. LesseeParent and each Borrower will, and will cause each of their Subsidiaries to, at BankBorrowers’ expense, maintain insurance respecting each of Parent’s optionand its Subsidiaries’ assets wherever located, will either self-insurecovering liabilities, losses or at Lessee’s cost, will cause casualty damages as are customarily are insured against by other Persons engaged in same or similar businesses and similarly situated and located. All such policies of insurance shall be with financially sound and property damage reputable insurance to be carried companies and maintained on the Leased Property, with all such coverages to be in such amounts sufficient as is carried generally in accordance with sound business practice by companies in similar businesses similarly situated and located and, in any event, in amount, adequacy, and scope reasonably satisfactory to cover Agent (it being agreed that the value amount, adequacy, and scope of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilizedof Parent and Borrowers in effect as of the Closing Date are acceptable to Agent). If All property insurance policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be made payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts Agent for the applicable premiums before benefit of Agent and the Leased Property is delivered Lenders, as their interests may appear, in case of loss, pursuant to Lessee a standard lender’s loss payable endorsement with a standard non-contributory “lender” or “secured party” clause and at least thirty (30) days before are to contain such other provisions as Agent may reasonably require to fully protect the expiration of Lenders’ interest in the Collateral and to any payments to be made under such policies. By endorsement upon All certificates of property and general liability insurance are to be delivered to Agent, with the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least lender’s loss payable and additional insured endorsements in favor of Agent and shall provide for not less than thirty days (30ten days in the case of non-payment) days' prior written notice prior to cancellation or alteration Agent of the policyexercise of any right of cancellation. Lessee will carry workers compensation If Parent, any Borrower or any of their Subsidiaries fails to maintain such insurance, Agent may arrange for such insurance, but at Borrowers’ expense and without any responsibility on Agent’s part for obtaining the insurance, the solvency of the insurance covering all employees working oncompanies, inthe adequacy of the coverage, or about the Leased Propertycollection of claims. Borrowers shall give Agent prompt notice of any loss exceeding $150,000 covered by Parent’s or any Subsidiary’s casualty or business interruption insurance. Upon the occurrence and during the continuance of an Event of Default, Agent shall have the sole right to file claims under any property and general liability insurance policies in respect of the Collateral, to receive, receipt and give acquittance for any payments that may be payable thereunder, and will require to execute any and all endorsements, receipts, releases, assignments, reassignments or other person documents that may be necessary to effect the collection, compromise or entity working on, in, or about the Leased Property to carry settlement of any claims under any such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseinsurance policies.

Insurance. Lessee, at Bank’s option, will either self-insureBorrower shall and shall cause each Subsidiary to keep, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried kept, insured by financially sound and maintained on reputable insurers (having a minimum A.M. Best rating of A, size category VII) all Property of a character usually insured by Persons engaged in the Leased Property, with all such coverages to be in such amounts sufficient to cover the value same or similar business similarly situated against loss or damage of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), kinds and public liability insurance with respect to the Leased Property in the amounts customarily insured against by such Persons and carry such other insurance as is usually carried by such Persons including, without limitation, environmental risk insurance to the extent reasonably available, or as Agent may reasonably request. Borrower shall promptly obtain endorsements to such insurance policies naming “BOKF, NA dba Bank of Texas, as Agent for the Beneficiaries” as an additional insured, assignee and loss payee (which shall include, as applicable, identification as mortgagee), as applicable, on each insurance policy required to be maintained pursuant to this Section 8.03(b) and containing provisions that such policies will not be canceled without 30 days prior written notice having been given by the insurance company to Agent. Borrower will not, and will not permit any Subsidiary to, bring or keep any article on any business location of any Loan Party, or cause or allow any condition to exist, if the presence of such article or the occurrence of such condition could reasonably cause the invalidation of any insurance required by lawthis Section 8.03(b), or would otherwise be prohibited by the terms thereof. In the event Borrower fails to provide Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Borrower’s expense to protect Agent’s interests in the Collateral. This insurance may, but need not, protect Borrower’s interests. The coverage purchased by Agent may not pay any claim made by Borrower or any claim that is made against Borrower in no event connection with a policy limit less than $1,000,000 per occurrencethe Collateral. All Borrower may later cancel any insurance shall be written in such formspurchased by Agent, but only after providing Agent with evidence that Borrower has obtained insurance as required by this Agreement. If Agent purchases insurance for the Collateral, to cover such risksthe fullest extent provided by law Borrower will be responsible for the costs of that insurance, including interest and other charges imposed by Agent in connection with such insurersthe placement of the insurance, as are customary for public entities such as until the Lesseeeffective date of the cancellation or expiration of the insurance. A combination The costs of self- insurance and policies of the insurance may be utilizedadded to the Obligations. If policies The costs of the insurance may be more than the cost of insurance are obtained, Lessee will cause Bank Borrower is able to be a loss payee as obtain on its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseown.

Insurance. LesseeEach Borrower and Guarantor shall, and shall cause any Subsidiary to, at Bank’s optionall times, will either self-insure, or at Lessee’s cost, will cause casualty insurance maintain with financially sound and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability reputable insurers insurance with respect to the Leased Property Collateral against loss or damage and all other insurance of the kinds and in the amounts required customarily insured against or carried by law, but corporations of established reputation engaged in no event with a policy limit less than $1,000,000 per occurrencethe same or similar businesses and similarly situated. All Such policies of insurance shall be written in reasonably satisfactory to Agent as to form, amount and insurer. Borrowers and Guarantor shall pay all premiums on any such formsinsurance when due. Borrowers and Guarantors shall furnish certificates, policies or endorsements to Agent as Agent shall reasonably require as proof of such insurance, and, if any Borrower or Guarantor fails to do so, Agent is authorized, but not required, to cover obtain such risksinsurance at the expense of Borrowers, and with provided, however, that by purchasing such insurersinsurance, as are customary for public entities Agent shall not be deemed to have waived any Default arising from any Borrower’s or Guarantor’s failure to maintain such as the Lesseeinsurance or pay any premiums therefor. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on All such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts shall provide for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration prior written notice to Agent of any cancellation, amendment or reduction of coverage and that Agent may act as attorney for each Borrower and Guarantor in obtaining, and at any time an Event of Default has occurred and is continuing, adjusting, settling, amending and canceling such insurance. Borrowers and Guarantors shall cause Agent to be named as a loss payee and/or an additional insured, as applicable (but without any liability for any premiums) under all casualty and property insurance policies (but not any business interruption insurance policies. By endorsement upon the policy ) and Borrowers and Guarantors shall obtain non-contributory lender’s loss payable endorsements to all property and casualty insurance policies in form and substance reasonably satisfactory to Agent, which provide that all proceeds thereunder with respect to any Collateral shall be payable to Agent, and that no such insurance shall be affected by any act or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration neglect of the insured or owner of the property described in such policy. Lessee will carry workers compensation insurance covering all employees working on, inExcept upon (a) the occurrence and during the continuance of an Event of Default, or about (b) during a Compliance Period solely to the Leased Propertyextent the insurance proceeds relate to any Collateral which at the time of loss was included in the calculation of the Borrowing Base, insurance proceeds may be applied by Borrower in its discretion to the repair or replacement of any lost or damaged Collateral that gave rise to such insurance proceeds so long as (i) in the context of replacing lost or damaged Collateral, the insurance proceeds are used to replace such lost or damaged Collateral with like Collateral, and will require (ii) such repair or replacement is completed within one hundred eighty (180) days of the receipt of insurance proceeds, or if Borrower commits in writing to undertake such repair or replacement within such one hundred eighty (180) day period, within two hundred seventy (270) days of the date of the receipt of insurance proceeds. Such lender’s loss payable endorsements shall specify that the proceeds of such insurance shall be payable to Agent, for itself and the ratable benefit of the Secured Parties, Lenders and the Bank Product Providers, as its interests may appear and further specify that Agent and Lenders shall be paid regardless of any act or omission by any Borrower, Guarantor or any of its or their Affiliates. Without limiting any other person rights of Agent or entity working on, in, or about the Leased Property to carry such coverageLenders, and will furnish subject to Bank certificates evidencing Borrowers’ right to otherwise use insurance proceeds as provided in this Section 9.5, any insurance proceeds received by Agent at any time may be applied to payment of the Obligations, whether or not then due, in any order and in such coverages throughout manner as Agent may determine. Upon application of such proceeds to the Term Revolving Loans, Revolving Loans may be available subject and pursuant to the terms hereof to be used for the costs of this Leaserepair or replacement of the Collateral lost or damages resulting in the payment of such insurance proceeds.

Insurance. LesseeBorrower, at Bank’s optionits expense, will either self-insureshall maintain, or at Lessee’s costand shall cause each Subsidiary to maintain, will cause casualty insurance (including, without limitation, comprehensive general liability, hazard, and property damage insurance business interruption insurance) with respect to be carried all of its properties and maintained on businesses (including, the Leased PropertyCollateral), with all such coverages to be in such amounts sufficient and covering such risks as is carried generally in accordance with sound business practice by companies in similar businesses similarly situated and in any event with deductible amounts, insurers and policies that shall be reasonably acceptable to cover the value Agent. Borrower shall deliver to Agent certificates of the Leased Property at the commencement of this Lease (insurance evidencing such coverage, together with endorsements to such policies naming Agent as determined a lender loss payee or additional insured, as appropriate, in form and substance satisfactory to Agent. Each policy shall provide that coverage may not be canceled or altered by the purchase price paid insurer except upon 30 days prior written notice to Agent and shall not be subject to co-insurance (except for the Leased Propertyretentions and deductibles that are customarily set forth in such policies). Borrower appoints Agent as its attorney-in-fact to make, settle and public liability insurance adjust all claims under and decisions with respect to Borrower’s policies of casualty insurance, and to receive payment of and execute or endorse all documents, checks or drafts in connection with insurance payments. Agent shall not act as Borrower’s attorney-in-fact unless an Event of Default has occurred and is continuing. The appointment of Agent as Borrower’s attorney in fact is a power coupled with an interest and is irrevocable until all of the Leased Property Obligations (other than contingent unliquidated indemnity obligations) are indefeasibly paid in the amounts required by lawfull. So long as no Event of Default has occurred and is continuing, but in no event with a policy limit less than $1,000,000 per occurrence. All proceeds of insurance shall be written in such formsapplied, at the option of Borrower, to cover such risksrepair or replace the Collateral or to reduce any of the Obligations. During the existence of an Event of Default, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies proceeds of insurance may shall be utilized. If policies applied, at the option of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses willAgent, to repair or replace the extent permitted by law, be payable Collateral or to Bank in an amount equal to the then outstanding principal and accrued interest components reduce any of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this LeaseObligations.

Insurance. LesseeVendor shall at all times during the term of this agreement carry, and require its subcontractors to carry, at Bank’s optionleast the following types and amounts of insurance: • Workers Compensation insurance on all employees, will either self-insurewhether paid or volunteer, or at Lessee’s cost, will cause casualty insurance and property damage insurance to as may be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required by applicable state law. If Vendor is exempt under appropriate state law from the requirement to carry workers compensation insurance, but Vendor must submit a written statement to that effect in no event a form satisfactory to Pace; • Commercial General Liability with a policy limit limits of not less than $1,000,000 per each occurrence, $1 million products and completed operations aggregate, and $2 million general aggregate. All Such insurance shall be written in such forms, to cover such risks, include coverage for claims arising from all activities and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank work to be performed by Vendor; • If vehicles will be used in the performance of the work, Commercial Automobile Liability insurance with limits of not less than $1,000,000 combined single limit each accident covering all owned and non-owned vehicles; • If professional services, or any other services, requiring a loss payee license are to be performed by Vendor, Professional Liability (Malpractice) insurance with limits of not less than $1 million each accident or occurrence covering claims arising from the professional service being performed. • Pace shall be named as its interest under this Lease may appear additional insured on such property damage all of camp’s liability insurance policies, and an additional insured on a the camp’s policies shall be primary coverage for Pace, regardless of whatever other insurance Pace may have available. Such policies of insurance shall be maintained with insurance companies authorized to do business in the State of New York and noncontributory basis on such public liability insurance in an amount equal provide that they may not be canceled or materially changed except upon 30 days prior written notice to or exceeding the minimum limit stated hereinPace. Subject to Section 4.2Vendor shall, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences execution of this Agreement, furnish Pace with a certificate of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry evidencing such coverage, and will furnish naming Pace as an additional insured with respect to Bank certificates evidencing such coverages throughout its liability coverages. It is the Term intent of the parties that Vendor’s insurance be primary and non-contributory coverage for Pace for claims arising from Vendor’s performance of this Leasecontract, regardless of whatever other insurance Pace may have available. The insurance required pursuant to this Section 16 shall not be deemed to limit Vendor’s obligations to indemnify Pace under this Agreement.

Insurance. LesseeIn addition to the insurance required hereunder with respect to Collateral, at Bank’s optionmaintain insurance with insurers reasonably satisfactory to the Required Lenders or other insurers rated A+ or better by Best Rating Guide, will either self-insure, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance a) with respect to the Leased Property in Properties and business of the amounts required by lawObligors of such type (including product liability, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written workers’ compensation, larceny, embezzlement, or other criminal misappropriation insurance), in such forms, to cover such risksamounts, and with such insurers, coverages and deductibles as are customary for public entities such as companies similarly situated, and (b) business interruption insurance with deductibles and subject to an Insurance Assignment in favor of the LesseeCollateral Agent reasonably satisfactory to the Required Lenders. A combination of self- insurance and policies of insurance may be utilized. If policies All certificates of insurance are obtained, Lessee will cause Bank to be a delivered to the Collateral Agent, with the loss payee payable and additional insured endorsement in favor of the Collateral Agent and such other Persons as the Collateral Agent may designate from time to time, and shall provide for not less than 30 days’ prior written notice to the Collateral Agent of the exercise of any right of cancellation. If any Obligor or any of its interest Subsidiaries fails to maintain such insurance, the Collateral Agent may arrange for such insurance, but at the Borrowers’ expense and without any responsibility on the Collateral Agent’s part for obtaining the insurance, the solvency of the insurance companies, the adequacy of the coverage, or the collection of claims. Upon the occurrence and during the continuance of an Event of Default, but subject to the Intercreditor Agreement, the Collateral Agent shall have the sole right, in the name of the Lenders, any Obligor and its Subsidiaries, to file claims under this Lease may appear on such property damage any insurance policies, to receive, receipt and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, give acquittance for any payments that may be payable thereunder, and to Bank in an amount equal execute any and all endorsements, receipts, releases, assignments, reassignments or other documents that may be necessary to effect the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage collection, compromise or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration settlement of any claims under any such insurance policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Lease.

Insurance. Lessee, at Bank’s option, will either self-insure, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property)The Credit Parties shall, and public liability shall cause each of their Restricted Subsidiaries to, maintain with financially sound and reputable insurance companies insurance with respect to the Leased Property their assets, properties and business, against such hazards and liabilities, of such types and in such amounts, as is customarily maintained by companies in the amounts required by lawsame or similar businesses similarly situated, but in no event with a including Flood Insurance. Each such policy limit less than $1,000,000 per occurrence. All of insurance shall be written (i) in such formsthe case of each liability policy, to cover such risks, and with such insurers, name Agent on behalf of the Secured Parties as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured thereunder as its interests may appear and (ii) in the case of each casualty insurance policy contain a loss payable clause or endorsement that names Agent, on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding behalf of the minimum limit stated herein. Subject to Section 4.2Secured Parties, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses willthe loss payee thereunder and, to the extent permitted by lawavailable, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts provide for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' ’ prior written notice to Agent of any modification or cancellation of such policy (or ten (10) days’ prior to cancellation or alteration written notice in the case of the policyfailure to pay any premiums thereunder). Lessee will carry workers compensation insurance covering A true and complete listing of such insurance, including issuers, coverages and deductibles, shall be provided to Agent promptly following Agent’s request. Notwithstanding the requirements above, Flood Insurance shall be required for all employees working onReal Estate located in a Special Flood Hazard Area in a community that participates in the National Flood Insurance Program, inbut shall not be required for (x) Real Estate not located in a Special Flood Hazard Area, or about (y) Real Estate located in a Special Flood Hazard Area in a community that does not participate in the Leased PropertyNational Flood Insurance Program. In addition to the foregoing, any representations and will require warranties insurance policies obtained by the Borrower or any other person or entity working on, in, or about Affiliate of the Leased Property Borrower in connection with a Permitted Acquisition shall name the Borrower as the named insured and shall be collaterally assigned to carry such coverage, and will furnish Agent in a manner reasonably satisfactory to Bank certificates evidencing such coverages throughout the Term of this LeaseAgent.

Insurance. LesseeEach Loan Party shall insure and keep insured, at Bank’s option, will either self-insure, or at Lessee’s cost, will and shall cause casualty insurance each of its Subsidiaries to insure and property damage insurance to be carried and maintained on the Leased Propertykeep insured, with good and responsible insurance companies, all insurable Property owned by it which is of a character usually insured by Persons similarly situated and operating like Properties against loss or damage from such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease hazards and risks (as determined by the purchase price paid for the Leased Property), and public liability including flood insurance with respect to the Leased any improvements on real Property consisting of building or parking facilities in the amounts required an area designated by lawa governmental body as having special flood hazards), but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written and in such forms, to cover such risks, and with such insurersamounts, as are customary for public entities insured by Persons similarly situated and operating like Properties; and each Loan Party shall insure, and shall cause each of its Subsidiaries to insure, such other hazards and risks (including business interruption, employers’ liability risks) with good and responsible insurance companies as and to the Lesseeextent usually insured by Persons similarly situated and conducting similar businesses. A combination Each Loan Party shall in any event maintain, and cause each of self- its Subsidiaries to maintain, insurance and on the Collateral to the extent required by the Collateral Documents. All such policies of insurance may be utilized. If policies of insurance are obtainedshall contain customary lender’s loss payable endorsements, Lessee will cause Bank to be naming Administrative Agent (or its security trustee) as a lender loss payee payee, assignee or additional insured, as appropriate, as its interest under this Lease may appear on such property damage insurance policiesappear, and an showing only such other loss payees, assignees and additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal insureds as are satisfactory to or exceeding the minimum limit stated hereinAdministrative Agent. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences Each policy of insurance or self-endorsement shall contain a clause requiring the insurer to give not less than 30 days’ (10 days’ in the case of nonpayment of insurance satisfactory premiums) prior written notice to Bank, together with receipts Administrative Agent in the event of cancellation of the policy for any reason whatsoever. Borrower shall (a) (i) use commercially reasonable efforts without undue burden of expense to Borrower to deliver to Administrative Agent on the applicable premiums before Closing Date or (ii) deliver to Administrative Agent after the Leased Property is delivered to Lessee Closing Date and at least thirty such other times as Administrative Agent shall reasonably request, pursuant to arrangements and timing mutually and reasonably agreed upon by Administrative Agent, in its reasonable discretion, and Borrower, certificates evidencing the maintenance of insurance required hereunder, (30b) days before the expiration promptly upon renewal of any such policies. By endorsement upon , certificates evidencing the policy or renewal thereof, and (c) promptly following request by independent instrument furnished to BankAdministrative Agent, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration copies of all insurance policies of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, Loan Parties and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leasetheir Subsidiaries.

Insurance. LesseeTrustor will maintain insurance upon the --------- Mortgaged Property against loss by fire, at Bank’s optionwindstorms, will either selfflood (if the Mortgaged Property is located in a designated flood plain) and such other hazards, casualties and contingencies as are normally and usually covered by All Risk Property policies in effect in the locality where the Mortgaged Property is situated and such other risks as may be specified by Beneficiary, from time to time, in amounts and with insurers acceptable to Beneficiary (including earthquake if requested by Beneficiary), but in any event not less than the full replacement cost of all insured real property, fixtures leasehold improvements, contents, equipment and other personal property, and business interruption or loss-insureof-rents limits shall be sufficient to meet loss of one year's anticipated revenues. No primary deductible or retention greater than $5,000 shall be called for in any such policies, unless agreed to in writing by Beneficiary. Policies shall contain endorsements providing for course of construction, breach of warranty, adjustment of value for inflation, increased costs of replacement due to changes in code requirements, costs of demolition, and such other conditions as may be required by Beneficiary. Policies shall be endorsed with form 438BFUNS, or at Lessee’s costa similar endorsement acceptable to Beneficiary, will cause casualty showing Beneficiary as an additional insured and loss payee as its interests may appear, such loss payments to be applied to the restoration, repair or replacement of the Mortgaged Property under terms and conditions acceptable to Beneficiary; provided, however, that if an Event of Default has occurred and is continuing or an event has occurred and is continuing which with the passage of time or the giving of notice would constitute an Event of Default, then Beneficiary may, in its sole discretion, apply such payments to the payment of the Indebtedness. Trustor shall also maintain Commercial General Liability insurance and which shall respond to third-party claims involving bodily injury, property damage insurance and personal injury arising out of Trustor's alleged actions or inactions; such policies shall also include Garagekeepers Legal Liability coverage. All such policies shall provide limits of coverage as Beneficiary may specify, but in any event not less than One Million Dollars ($1,000,000) per occurrence and annual aggregate as to liability for bodily injury, property damage and personal injury. No primary deductible or retention shall be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid called for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts policies. Trustor shall also maintain, or cause its contractors to maintain, Worker's Compensation and Employer's Liability insurance. All insurance policies required by lawBeneficiary under this Deed of Trust shall be issued by companies acceptable to Beneficiary, but in no event with a policy limit shall the company(ies) have ratings in the current Best's Insurance Rating Manual of less than $1,000,000 per occurrence"A/XI." All liability insurance policies shall be endorsed as to name Beneficiary as an additional insured under the policy as respects its interests as mortgagee/secured party of the Mortgaged Property. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank shall provide that the policies may not be cancelled, materially modified or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank terminated without at least thirty (30) days' prior written notice to Beneficiary. Trustor shall furnish to Beneficiary duplicate executed copies of each such policy at the time of execution hereof, and copies of each renewal policy not less than thirty (30) days prior to cancellation or alteration the expiration of the policy. Lessee will carry workers compensation original policy or the preceding renewal policy (as the case may be), together with receipts or other evidence that the premiums have been paid; and furnish to Beneficiary certificates of insurance covering all employees working on, in, prepared by Trustor's insurance broker or about agent which show evidence of the Leased Propertyrequired coverages and endorsements, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and payment of premiums thereon. Trustor will furnish to Bank certificates evidencing Beneficiary on or before 120 days after the close of each fiscal year of Trustor a statement of Trustor of the amounts of insurance maintained in compliance with this Section 5.1.4, of the risks covered by such coverages throughout insurance and of the Term insurance company or companies which carry such insurance. In the event insurance proceeds received on account of this Leaseloss or damage to the Buildings, Personalty or Fixtures are insufficient to effectuate full repair or replacement of such loss or damage, Beneficiary may apply such insurance proceeds in reduction of the Indebtedness without prepayment premium, unless Trustor shall provide or cause to be provided additional funds in an amount not less than such deficiency and Trustor shall place in escrow said funds in order to assure to Beneficiary's reasonable satisfaction full repair of the damaged or destroyed Mortgaged Property or portion thereof.

Insurance. Lessee, at Bank’s option, will either self(a) Upon Xxxxx's request Seller agrees to provide Certificates of Insurance evidencing that the required insurance coverage is in force. The required insurance coverages below shall be primary and non-insure, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance contributing with respect to any other insurance that may be maintained by Buyer. The below required coverages and their limits in no way lessen nor affect Seller's other obligations or liabilities set forth in this Order. Seller agrees to purchase and maintain at its own expense the Leased Property following insurance coverage’s with minimum limits as stated: Workers’ Compensation (if services are provided at Buyer or Customer site): Coverage for statutory obligations imposed by laws of any State in which the amounts work is to be performed. Where applicable, Seller shall provide evidence of coverage for the United States Xxxxxxxxx & Harborworkers’ Act (USL&H) coverage for employees engaged in work on or near navigable waters of the United States. Such policy(ies) shall be endorsed to provide a waiver of subrogation in favor of Xxxxx, its directors, officers and employees, and Xxxxx’s customer where required by lawBuyer’s Prime Contract with its customer. Employer’s Liability coverage of $1 million each accident shall also be maintained. Commercial General Liability: Coverage for third party bodily injury and property damage, but in no event including products and completed operations, contractual liability, and independent contractors’ liability with a policy limit of liability of not less than $1,000,000 per occurrenceoccurrence and $2,000,000 in the aggregate. All Such policy(ies) shall be endorsed to name SAIC, its directors, officers and employees, and Xxxxx’s customer where required by Buyer’s Prime Contract with its customer, as Additional Insureds and Waiver of Subrogation. Commercial Automobile Liability (if services are provided at Buyer or Customer site): Coverage for use of all owned, non-owned, and hired vehicles with limits of not less than $1,000,000 per accident combined single limit for bodily injury and property damage liability. Such policy(ies) shall be endorsed to name SAIC, its directors, officers and employees, and Xxxxx’s customer where required by Buyer’s Prime Contract with its customer, as Additional Insureds and Waiver of Subrogation. Technology Professional Liability/Professional Liability/Errors and Omissions (as applicable): Insurance in an amount not less than $1,000,000 per claim, covering all acts, errors, omissions, negligence, and including but be not limited to, claims involving infringement of intellectual property, infringement of copyright or trademark. Such insurance shall be written maintained in such formsforce at all times during the term of this Order and for a period of two (2) years thereafter for services completed. Cyber Liability (as applicable): Insurance to provide for Data Security & Privacy (including coverage for unauthorized access and use, failure of security, breach of confidential information, release of privacy information, invasion of privacy violations, information theft, damage to cover such risksor destruction of electronic information, alteration of electronic information, extortion, breach mitigation costs and with such insurers, as are customary regulatory coverage not less than $5,000,000. Such insurance shall be maintained in force at all times during the terms of this Order and for public entities such as the Lessee. A combination a period of self- insurance and policies of insurance may be utilizedtwo (2) years thereafter for services completed. If policies of insurance are obtainedmaintenance or warranty work is being performed, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance All-Risk Property Insurance in an amount equal adequate to replace property, including supplies covered by this Order, of Buyer and/or Buyer's customer which may be in the possession or exceeding the minimum limit stated hereincontrol of Seller. Subject Buyer shall be named as a Loss Payee with respect to Section 4.2, loss or damage to said property and/or supplies furnished by Xxxxx. Any other insurance proceeds from insurance policies that is required by Xxxxx’s customer or budgeted amounts from self-insurance as relating determined to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement required upon the policy review by Buyer, based on the Statement of Work or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term specifications of this LeaseOrder. Such requirement will be communicated to Seller in writing.

Insurance. LesseeBorrower shall keep its business and the Collateral insured for risks and in amounts standard for companies in Borrower’s industry and location, at Bank’s option, will either self-insure, or at Lessee’s cost, will cause casualty insurance and property damage insurance to as Lenders may reasonably request. Insurance policies shall be carried and maintained on the Leased Propertyin a form, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property)companies, and public liability insurance with respect in amounts that are satisfactory to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrenceLenders. All insurance property policies shall be written in such forms, to cover such risks, have a lender’s loss payable endorsement showing Horizon Technology Finance Management LLC and with such insurers, Oxford as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a an additional loss payee and all liability policies shall show Horizon Technology Finance Management LLC and Oxford as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding all policies shall provide that the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty insurer must give Horizon Technology Finance Management LLC and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and Oxford at least thirty (30) days notice before canceling, amending or declining to renew its policy. At Lenders’ request, Borrower shall deliver certified copies of policies and evidence of all premium payments. Proceeds payable under any policy shall, at Lenders’ option, be payable to Horizon Technology Finance Management LLC and Oxford on account of the expiration Obligations (and Horizon shall cause Horizon Technology Finance Management LLC to apply such proceeds on account of the Obligations). Notwithstanding the foregoing, so long as no Event of Default has occurred and is continuing, Borrower shall have the option of applying the proceeds of any casualty policy up to $250,000 with respect to any loss, but not exceeding $500,000 in the aggregate for all losses under all casualty policies in any one year, toward the replacement or repair of destroyed or damaged property; provided that (i) any such policiesreplaced or repaired property (a) shall be of equal or like value as the replaced or repaired Collateral and (b) shall be deemed Collateral in which Lenders have been granted a first priority security interest and (ii) after the occurrence and during the continuation of an Event of Default all proceeds payable under such casualty policy shall, at the option of Lenders, be payable to Horizon Technology Finance Management LLC and Oxford, on account of the Obligations (and Horizon shall cause Horizon Technology Finance Management LLC to apply such proceeds on account of the Obligations). By endorsement upon If Borrower fails to obtain insurance as required under Section 6.8 or to pay any amount or furnish any required proof of payment to third persons and Lenders, Lenders may make all or part of such payment or obtain such insurance policies required in Section 6.8, and take any action under the policy policies Lenders deem prudent. On or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation the first Funding Date and prior to each policy renewal, Borrower shall furnish to Lenders certificates of insurance or alteration other evidence satisfactory to Lenders that insurance complying with all of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseabove requirements is in effect.

Insurance. LesseeDuring the full term of this Lease, the Lessee shall, at Bank’s optionits own expense, will either self-insure, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on keep the Leased PropertyPremises insured against physical loss or damage, however caused, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (exceptions as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts are ordinarily required by lawinsurers of facilities of a similar type, but in no event with a policy limit less than $1,000,000 per occurrencegood and responsible insurance companies acceptable to Lessor. All Such insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to one hundred percent (100%) of the full replacement cost of the Leased Premises as certified by a registered architect, registered engineer, an authorized representative of the insurance company or exceeding professional appraisal engineers, selected by the minimum limit stated hereinLessor, on the effective date of this Lease and on or before the first day of April of each year thereafter. Subject to Section 4.2Such appraisal may be based upon a recognized index of conversion factors. During the full term of this Lease, Lessee will also, at its own expense, maintain rent or rental value insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components full rental value of the Lease Payments Leased Premises for a period of two (2) years against physical loss or damage of the type insured against pursuant to the preceding requirements of this clause. During the full term of this Lease, Lessee will also, at its own expense, carry combined bodily injury insurance, including accidental death, and property damage with reference to the time Leased Premises in an amount not less than Two Million Dollars ($2,000,000) on account of each occurrence with one or more good and responsible insurance companies. The public liability insurance required herein may be by blanket insurance policy or policies. The proceeds of the public liability insurance required herein (after payment of expenses incurred in the collection of such damage proceeds) shall be applied toward extinguishment or destruction as provided by Section 8.1satisfaction of the liability with respect to which such insurance proceeds are paid. Lessee will deliver to Bank the Such policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts shall be for the applicable premiums before benefit of persons having an insurable interest in the Leased Property Premises, and shall be made payable to the Lessor, the Lessee, and the Trustee, and to such other person or persons as the Lessor may designate. Such policies shall be countersigned by an agent of the insurer who is delivered a resident of the State of Indiana and deposited with the Lessor and the Trustee. If, at any time, the Lessee fails to maintain insurance in accordance with this Section, such insurance may be obtained by the Lessor and the amount paid therefor shall be added to the amount of rentals payable by the Lessee under this Lease; provided, however, that the Lessor shall be under no obligation to obtain such insurance and any action or non-action of the Lessor in this regard shall not relieve the Lessee of any consequence of its default in failing to obtain such insurance. The insurance policies described in this Section 6 may be acquired by another party and shall satisfy this Section as long as the Lessor, the Lessee and at least thirty (30) days before the expiration of any Trustee are named as additional insureds under such policies. By endorsement upon the Such coverage may be provided by scheduling it under a blanket insurance policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leasepolicies.

Insurance. LesseeSublessee shall procure and maintain, at Bank’s optionits own cost and expense, will either self-insure, or at Lessee’s cost, will cause casualty such liability insurance and property damage insurance as is required to be carried by Sublessor under the Prime Lease naming Prime Lessor in the manner required therein. Further, Sublessee shall name Sublessor, along with Sublessor’s ultimate parent company CNA Financial Corporation, all subsidiaries and maintained on affiliates of CNA Financial Corporation, and the Leased Propertyofficers, with directors, agents, servants, representatives, and employees of all such coverages to be the foregoing entities, in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect policy as an additional insured for any and all liability occurring at any time arising out of or incidental to the Leased Property in the amounts required by lawthis Sublease. Such insurance shall include, but in no event with a policy limit less than $1,000,000 per occurrence. All shall not be limited to, commercial general liability insurance which shall be written in such formsto include bodily injury, to cover such risksproperty damage, personal injury, advertising liability, products and completed operations liability, and with such insurers, as are customary for public entities such as the Lesseecontractual liability (“CGL Insurance”). A combination of self- Such insurance afforded to Prime Lessor and Sublessor shall be primary insurance and policies any other valid insurance existing for Prime Lessor’s and/or Sublessor’s benefit shall be excess of such primary insurance. Sublessee shall obtain such endorsement to its policy of CGL Insurance as is necessary to cause such policy to comply with the foregoing requirement. In addition, Sublessee shall procure and maintain, at its own cost and expense, such property insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank as is required to be a loss payee as its interest carried by Sublessor under this the Prime Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal such property insurance pertains to the then outstanding principal and accrued interest components Subleased Premises. If the Prime Lease requires Sublessor to insure Alterations, Sublessee shall insure such Alterations which are located in the Subleased Premises, as well as Alterations performed by Sublessee. Prior to the Commencement Date, Sublessee shall furnish to Sublessor a certificate of the Lease Payments at the time of Sublessee’s insurance required hereunder. All such damage or destruction as provided by Section 8.1. Lessee certificates will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least contain no less than thirty (30) days' ’ prior written notice prior of cancellation, non-renewal or material change in coverage by certified or registered mail, return receipt requested. Provided such waiver shall not invalidate the waiving party’s property insurance, each party hereby waives claims for property damage against the other and Sublessee hereby waives claims against Prime Lessor if and to cancellation the extent that Sublessor waives such claims against Prime Lessor under the Prime Lease for property damage to the Subleased Premises or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseits contents.

Insurance. Lessee, at Bank’s option, will either self-insure, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property)Licensee shall procure, and public liability thereafter shall maintain through the Product Term, the following insurance with respect to the Leased Property in the amounts required by law, but in no event from carriers having a Best Rating Service rating of A- or better: • Commercial General Insurance with a policy limit of not less than $1,000,000 per 5,000,000 each occurrence. All insurance shall be , written in such formson ISO occurrence form CG 00 01 12 07 (or a substitute form providing equivalent coverage) and covering liability arising from premises, to cover such risksoperations, independent contractors, products-completed operations, personal and advertising injury, and with such insurers, as are customary for public entities such as the Lesseeliability assumed under an insured contract. A Such insurance amount may be satisfied through a combination of self- primary and umbrella insurance. • Automobile Liability Insurance with a limit of not less than $2,000,000 each accident, covering liability arising out of any auto (including owned, hired and non-owned autos). Such insurance and policies of insurance amount may be utilized. If policies satisfied through a combination of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance umbrella insurance. • Workers Compensation and Employers Liability Insurance as required by the laws and regulations applicable to the employees who are engaged in the performance hereunder. • Commercial Property Insurance covering Licensee’s property and equipment at Company’s location, in an amount equal to or exceeding the minimum limit stated hereinfull replacement cost of Licensee’s property and equipment. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will Licensee shall deliver to Bank Company standard form insurance certificates evidencing the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for coverage required herein and stating that the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank provide at least thirty (30) days' ’ written notice prior to cancellation Company if such coverage is to be cancelled, non-renewed or alteration materially and adversely modified. Company shall be included as an insured on the associated policies and this insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded Company (there shall be no endorsement or modification of the policyCGL to make it excess over other available insurance; alternatively, if the CGL states that it is excess or pro rata, the policy shall be endorsed to be primary with respect to the additional insured). Lessee will carry workers compensation Licensee waives all rights against Company and its agents, officers, managers, directors and employees for recovery of damages to the extent these damages are covered by the insurance covering all employees working onmaintained pursuant to this Agreement. If any insurance coverage is not secured and maintained or is canceled, in, Company reserves the right to procure such insurance and to add the cost thereof to any sum due Company from Licensee under the applicable Order Form(s). Nothing contained in these insurance requirements is to be construed as limiting Licensee’s responsibility or about liability for damages resulting from Licensee’s use of the Leased Property, and will require any other person Site Space or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this LeaseLicensee’s indemnification obligations.

Insurance. LesseeTenant shall purchase and obtain the following insurance policies (or if so notified by Landlord such additional insurance coverage as is reasonably required by Landlord's lender or lenders): (i) the policies set forth in the attached Additional Terms Rider, at Bank’s option, will either self-insureif any; (ii) a policy of comprehensive general liability insurance utilizing an Insurance Services Office standard form with broad form general liability endorsement, or at Lessee’s costequivalent, will cause casualty insurance in an amount of not less than $ 1,000,000.00 per occurrence of bodily injury and property damage insurance to be carried and maintained on the Leased Property, combined. The policy shall insure Tenant with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (Landlord as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on and shall also insure against liability arising out of the use, occupancy or maintenance of the Premises and Property; and (iii) a primary policy of fire and noncontributory basis on such public liability extended coverage insurance in an amount equal to but not less than the full insurable value (from time to time) of all of Tenant's personal property, fixtures, equipment and tenant improvements and protecting Tenant against loss on account of damage to or exceeding destruction of the minimum Premises or Property by fire or other casualty covered by a so-called "extended coverage" endorsement or a "special forms" policy, including, without limitation, vandalism and malicious mischief endorsements. If Tenant does not maintain the required insurance, then Tenant is in default, is deemed to self-insure and bears all risk of loss or damage caused by Tenant, Tenant's agents, employees and invitees. The policy shall be with an insurer with a Best's rating of B + or higher. Compliance with this Section shall not limit stated hereinthe liability of Tenant under this Lease. Subject Tenant shall deliver to Section 4.2, insurance proceeds from Landlord copies of the required insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least within thirty (30) days before after the expiration of any such policiesCommencement Date. By endorsement upon the No policy shall be canceled or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least modified except after thirty (30) days' days prior written notice to Landlord. Tenant shall, at least seven (7) days prior to cancellation or alteration the expiration of the policypolicies, upon request, furnish Landlord with copies of the renewal policies. Lessee will carry workers compensation Each party may, but is not obligated to, obtain insurance covering all employees working onfor its own benefit. Except as provided in the Lease, each party (i) is not obligated to obtain, (ii) is not obligated to be named in, or about the Leased Property(iii) shall have no right to any proceeds of, and will require any (iv) waives all claims on insurance purchased by or for the benefit of the other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Lease.party. 7.2

Insurance. Lessee, at Bank’s option, will either self-insure, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property)The Loan Parties shall, and public liability shall cause each of their Subsidiaries to, maintain with financially sound and reputable insurance companies with respect to the Leased Property their assets, properties and business, against such hazards and liabilities, of such types and in such amounts, as is customarily maintained by companies in the amounts required by lawsame or similar businesses similarly situated. All property insurance policies covering the Collateral are to be made payable to Agent for the benefit of Agent, but the Lenders and the other members of the Lender Group, as their interests may appear, in no event case of loss, pursuant to a standard lender’s loss payable endorsement with a policy limit less than $1,000,000 per occurrence. All insurance shall be written standard noncontributory “lender” or “secured party” clause and are to contain such other provisions as Agent may reasonably require to fully protect the Lenders’ interest in such forms, the Collateral and to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank any payments to be a loss payee as its interest made under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon All certificates and endorsements of property and general liability insurance are to be delivered to Agent by the policy or by independent instrument furnished to BankLoan Parties, such insurer will agree that it will give Bank at least thirty with the lender’s loss payable (30but only in respect of Collateral) days' and additional insured endorsements in favor of Agent and shall provide for not less than 30 days (10 days in the case of non-payment) prior written notice prior to Agent of the exercise of any right of cancellation or alteration any modification thereof; provided, however, that, for the avoidance of doubt, Agent need not be named on any workers compensation or D&O policies. If Loan Parties or their Subsidiaries fail to maintain such insurance, Agent may arrange for such insurance, but at Borrowers’ expense and without any responsibility on Agent’s part for obtaining the insurance, the solvency of the policy. Lessee will carry workers compensation insurance covering all employees working oncompanies, inthe adequacy of the coverage, or about the Leased Propertycollection of claims. The Loan Parties shall give Agent prompt written notice of any loss exceeding $500,000 covered by any of the Loan Parties’ or any of their Subsidiaries’ casualty or business interruption insurance. Upon the occurrence and during the continuance of an Event of Default, Agent shall have the sole right to file claims under any property and general liability insurance policies in respect of the Collateral, to receive, receipt and give acquittance for any payments that may be payable thereunder, and will require to execute any and all endorsements, receipts, releases, assignments, reassignments or other person documents that may be necessary to effect the collection, compromise or entity working onsettlement of any claims under any such insurance policies. A true and complete listing of such insurance, inincluding issuers, coverages and deductibles, shall be provided by the Loan Parties to Agent promptly following Agent’s request (or about to the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout Third Party Agent promptly following the Term of this LeaseThird Party Agent’s request during any Third Party Agent Retention Period).

Insurance. Lessee, at Bank’s option, will either self-insure, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property)Manufacturer, and public liability insurance with respect to any of its Subcontractors, shall at its own expense, carry and maintain the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of following insurance or self-insurance satisfactory to Bankduring the term of this Contract, together with receipts in amounts not less than that specified for each type. The limits required for the applicable premiums before Employers’ Liability, Automobile Liability and Commercial General Liability coverages may be satisfied through primary insurance or any combination of primary and umbrella/excess liability insurance as long as the Leased Property is delivered umbrella/excess liability insurance follows the form of the primary coverage. Failure to Lessee procure the following insurance or self-insurance shall not relieve the Manufacturer, and any Subcontractor thereof, of any obligation or liability assumed under the Contract, nor of any obligation or liability imposed by law. In no event shall the liability of the manufacturer be limited to the extent of any insurance or self-insurance or the minimum limits required herein, or the Contract value. Any self-insured retentions, deductibles, and exclusions in coverage in the insurance required shall be assumed by and at least the sole risk of the Manufacturer. The Manufacturer or its insurers must provide thirty (30) days before advanced written notice to the expiration Operator of any such policiescancellation or material reduction in the required insurance or self-insurance programs below. By endorsement upon Workers' Compensation for statutory obligations imposed by workers' compensation and occupational disease laws. Employers' Liability insurance shall be provided with limits of not less than $500,000 for each subcategory of coverage. Automobile Liability insurance (Bodily Injury Liability and Property Damage Liability) for all owned, leased, hired, non-owned vehicles with limits not less than $1,000,000 Combined Single Limit. Such insurance shall also provide physical damage coverage on any vehicle delivered to the policy or Operator for testing. Such physical damage coverage shall include collision and comprehensive insurance in an amount not less than the actual cash value of the vehicle. Commercial General Liability insurance including coverage for bodily injury, property damage, and personal injury for premises and operations, products and completed operations, and contractual liability arising from all operations, written on an occurrence basis with limits not less than $1,000,000, and which must apply to ongoing operations. “The Pennsylvania State University” must be named as an additional insured. Insurance coverages must be written with an insurer rated not less than A- by independent instrument furnished A. M. Best. An Insurance Certificate evidencing the above required insurance coverages, limits, and the Commercial General Liability additional insured provision, must be provided to Bankthe Operator at the time of delivery of this Contract and in any event, such insurer will agree that it will give Bank at least thirty not later than ten (3010) days' written notice days prior to cancellation or alteration the delivery of the policyvehicle. Lessee will carry workers compensation insurance covering The Certificate Holder must be as follows: The Pennsylvania State University c/o Risk Management Office Rider Building – Suite 103 000 Xxxx Xxxxxx Xxxxxx Xxxxx Xxxxxxx, XX 00000 13. INDEMNIFICATION Manufacturer further agrees to indemnify and hold Operator harmless from and against any and all employees working onclaims and demands for or in connection with any accident, ininjury or damage whatsoever caused to any person or property arising, directly or about indirectly, out of the Leased Propertytesting, maintenance, repairs or operation of the Bus, and will require from and against any other person and all costs and expenses, including reasonable attorney fees, incurred in connection with any such claim, demand or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseproceeding brought thereon.

Insurance. LesseeSeller, at Bank’s optionits own expense, will either self-insure, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease shall carry: (as determined by the purchase price paid for the Leased Property), and public i) professional liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit amount of not less than $1,000,000 per occurrence1,000,000; and (ii) general liability insurance (including automobile liability) in the amount of not less than $1,000,000. All insurance Purchaser shall be written in such forms, to cover such risks, and with such insurers, named as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on Seller’s automobile and general liability policies. Seller shall provide Purchaser a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences certificate of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least stating that Purchaser will receive not less than thirty (30) days notice in the event of cancellation of any and/or all Seller’s insurance policies. Seller agrees that the above mentioned insurance shall apply as primary coverage. Such insurance shall contain a cross- liability and/or severability of interest clause protecting the Purchaser against claims by the Seller as if the Purchaser were separately insured. Professional Opinion. Seller expressly agrees that Seller is performing professional services for Purchaser and that Purchaser has a right to rely upon and will rely upon Seller’s expert opinions and conclusions. License To Do Business. Seller warrants that it has obtained or before commencing the services, will obtain all appropriate valid licenses to do business or perform services necessary to deliver the goods or services ordered. Failure to do so will be considered default under this purchase order and Purchaser may, at its option, immediately terminate this purchase order or suspend Seller's operations until Seller's failure to obtain the licenses is corrected. Seller shall reimburse Purchaser for any resulting cost to Purchaser. Authorized Representative. Seller shall cooperate fully with Purchaser in providing the services. Purchaser will name an authorized representative at or before the expiration start of the work who shall be responsible for providing information, instructions, and approvals on Purchaser’s behalf. Such representative will be available to Seller at all reasonable times. Third Party Commitments. Seller shall not commit or purport to commit Purchaser to any obligations, including without limitation, payment of any such policiesmoney, except as specifically authorized by this purchase order. By endorsement upon the policy or Invoices. Invoices shall be issued by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty Seller on a monthly basis and shall be payable net forty-five (3045) days' written notice prior . Invoices shall include supporting documentation satisfactory in form and content to cancellation Purchaser. NAFTA Compliance. Seller shall provide to Purchaser on request blanket NAFTA Certificates of Origin or alteration a NAFTA Statement of Manufacturer for qualified products annually, on or before December 30 of each year during the policyAgreement term. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, Seller shall update any previously issued NAFTA Certificates and will require shall notify Purchaser of any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leasechanges affecting NAFTA eligibility within 30 days after any change occurs.

Insurance. LesseeBorrower will, and will cause each of its Subsidiaries and Parent to, at Bank’s optionBorrower's expense, will either self-insuremaintain insurance respecting each of Borrower's and its Subsidiaries' assets wherever located, covering liabilities, losses or at Lessee’s costdamages as are customarily are insured against by other Persons engaged in same or similar businesses and similarly situated and located, will cause casualty including, if so required, flood insurance. All such policies of insurance shall be with financially sound and property damage reputable insurance companies reasonably acceptable to be carried Agent and maintained on the Leased Property, with all such coverages to be in such amounts sufficient as is carried generally in accordance with sound business practice by companies in similar businesses similarly situated and located and, in any event, in amount, adequacy, and scope reasonably satisfactory to cover Agent (it being agreed that the value insurers, amount, adequacy, and scope of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilizedof Borrower in effect as of the Closing Date are acceptable to Agent). If All property insurance policies of insurance covering the Collateral are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be made payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts Agent for the applicable premiums before benefit of Agent and the Leased Property is delivered Lenders, as their interests may appear, in case of loss, pursuant to Lessee a standard loss payable endorsement with a standard noncontributory "lender" or "secured party" clause and at least thirty (30) days before are to contain such other provisions as Agent may reasonably require to fully protect the expiration of Lenders' interest in the Collateral and to any payments to be made under such policies. By endorsement upon All certificates of property and general liability insurance are to be delivered to Agent, with the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty loss payable (30but only in respect of Collateral) days' and additional insured endorsements in favor of Agent and shall provide for not less than 30 days (10 days in the case of non-payment) prior written notice prior to cancellation or alteration Agent of the policyexercise of any right of cancellation. Lessee will carry workers compensation If Borrower or its Subsidiaries fail to maintain such insurance, Agent may arrange for such insurance, but at Borrower's expense and without any responsibility on Agent's part for obtaining the insurance, the solvency of the insurance covering all employees working oncompanies, inthe adequacy of the coverage, or about the Leased Propertycollection of claims. Borrower shall give Agent prompt notice of any loss exceeding $250,000 covered by its or its Subsidiaries' casualty or business interruption insurance. Upon the occurrence and during the continuance of an Event of Default, Agent shall have the sole right to file claims under any property and general liability insurance policies in respect of the Collateral, to receive, receipt and give acquittance for any payments that may be payable thereunder, and will require to execute any and all endorsements, receipts, releases, assignments, reassignments or other person documents that may be necessary to effect the collection, compromise or entity working on, in, or about the Leased Property to carry settlement of any claims under any such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseinsurance policies.

Insurance. Lessee, at Bank’s option, will either self-insure, or at Lessee’s cost, will cause casualty Subtenant shall carry its own property insurance on its improvements to the Subleased Premises and property damage insurance to be carried and maintained on Storage Premises. Subtenant shall also keep in force during the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement Term of this Lease (as determined by the purchase price paid for the Leased Property), and Agreement public liability insurance with respect to the Leased Property liability limits of not less than Two Million Dollars ($2,000,000.00) or any such amount as provided for in the amounts required by lawLease, but in no event with a policy combined single limit less than $1,000,000 per occurrencefor bodily injury and/or for property damage. All such policies of insurance shall contain a clause requiring the insurer not to cancel or change the insurance without first giving the Tenant thirty (30) days’ written notice thereof. All such insurance shall be written with an insurer and provide such coverage as would be obtained by a prudent operator of the Business in the Subleased Premises and shall otherwise be in form and substance satisfactory to the Tenant, acting reasonably. Each such forms, to cover such risks, policy shall name the Landlord and with such insurers, the Tenant as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee an additional named insured as its interest may appear and shall contain a provision of cross liability as between the Landlord, Tenant and Subtenant. Furthermore, each of the Subtenant’s insurance policies shall stipulate that the insurer has no right of subrogation against the Landlord or the Tenant. Subtenant shall furnish Tenant with a certificate evidencing such coverage at least ten (10) days prior to receiving access to the Subleased Premises and upon request from time to time during the Term. If the Subtenant fails to obtain the insurance required under this Lease may appear on Section 9 and such property damage insurance policiesfailure is not cured within two (2) business days following written notice from the Tenant, the Tenant shall, in addition to its other rights and an additional insured on a primary remedies herein, be entitled to obtain such coverage (but without any obligation to do so) and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty costs thereof and property damage losses will, all other reasonable expenses incurred shall be payable by the Subtenant to the extent permitted by lawTenant upon demand. Subtenant shall at its expense provide and maintain in force during the Term of this Agreement or of any renewal or extension thereof plate glass insurance for the benefit of the Landlord and the Tenant covering all plate glass in the Subleased Premises, be payable to Bank including plate glass windows and doors, in an amount equal to the then outstanding principal full insurable value thereof, and accrued interest components all public liability and property damage insurance, for the benefit of the Lease Payments at Landlord and the time Tenant, in such reasonable amounts as may be required by the Landlord in respect of such damage injury or destruction as provided by death to one or more persons or property damage, including without limitation insurance to cover the responsibilities assumed under Section 8.1903 hereof. Lessee will deliver Notwithstanding anything contained herein, the Subtenant shall be permitted to Bank the policies or evidences of insurance or self-insure as to plate glass insurance satisfactory and shall be deemed to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration have satisfied all of the policy. Lessee will carry workers compensation foregoing insurance covering all employees working onrequirements, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property with respect to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseplate glass insurance only.

Insurance. Lessee, at Bank’s option, The Borrower will either self-insure, or at Lessee’s cost, will cause casualty insurance maintain with financially sound and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability reputable insurers insurance with respect to its properties and business against such casualties and contingencies including windstorm and hurricane insurance and as shall be in accordance with the Leased Property general practices of businesses engaged in similar activities in similar geographic areas, and in amounts, containing such terms, in such forms and for such periods as may be reasonable and prudent in accordance with sound business practices. With respect to the amounts required by lawCollateral, but in no event with a policy limit less than $1,000,000 per occurrence. All all such insurance shall be written in such formsamount, such form, for such periods and written by such companies as may be reasonably satisfactory to cover such risks, the Agent and with such insurersshall be payable to the Agent and to the Borrower, as are customary for public entities the case may be, as their interests may appear. If a Default then exists, the Agent may apply all proceeds received by it to pay the Obligations hereunder in such order as it shall determine in its discretion; but if no Default then exists, then the LesseeBorrower shall have the right to determine whether to apply such proceeds against the Obligations or against the costs of repairing or restoring the damage to the Mortgaged Property. A combination of self- insurance and All policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be shall provide for a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days prior written minimum cancellation notice to the Agent and shall name the Agent as additional insured party, and, in the case of the Collateral, shall name the Agent as mortgagee and loss payee. Certificates of insurance (or, if requested by the Agent, certified copies of policies) with respect to all renewals or replacements of such insurance from time to time in force together with evidence of payment of premiums thereon satisfactory to the Agent shall be delivered to the Agent at least ten (10) days before the expiration date of then current insurance. No settlement on account of any loss covered by such policies. By endorsement upon insurance shall be made without the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration consent of the policyAgent. Lessee In the event of failure to provide and maintain insurance as herein provided, the Agent may, at its option, after giving notice to the Borrower, as applicable, provide such insurance and charge the amount thereof to the Borrower (including by making an Advance therefor). The Borrower shall furnish to the Agent certificates or other evidence satisfactory to the Agent of compliance with the foregoing insurance provision. Without limiting the foregoing, the Borrower will carry workers (i) keep all of its physical property insured against fire and extended coverage risks in amounts and with deductibles and endorsements acceptable to the Agent, (ii) maintain all such workers' compensation or similar insurance covering all employees working as may be required by law, and (iii) maintain, in amounts, deductibles and endorsements acceptable to the Agent, general public liability insurance against claims for bodily injury, death or property damage occurring on, in, in or about the Leased Propertyproperties of the Borrower and business interruption insurance, and will require (iv) in the event the Property or any other person portion thereof is located in a flood hazard area identified by the Secretary of Housing and Urban Development as an area having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968, as amended by the Flood Disaster Act of 1973 (and any successor Act thereto), maintain a flood insurance policy as required by the Flood Disaster Act of 1973. The Borrower shall at all times comply with and conform to all provisions of each such insurance policy and to all requirements of the insurers thereunder applicable to Borrower the Property or entity working onto the use, inoccupation, possession, operation, maintenance or about repair of all or any portion of the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this LeaseProperty.

Insurance. LesseeBorrower, at Bank’s optionits expense, will either self-insureshall keep and maintain the Collateral insured against all risk of loss or damage from fire, or at Lessee’s costtheft, will cause casualty vandalism, malicious mischief, explosion, sprinklers, and all other hazards and risks of physical damage included within the meaning of the term "extended coverage" in such amounts as are ordinarily insured against by similar businesses. Borrower shall also keep and maintain comprehensive general public liability insurance and property damage insurance, and insurance against loss from business interruption, insuring against all risks relating to be carried or arising from Borrower's ownership and maintained on use of the Leased Property, with all Collateral and its other assets and the operation of its business. All such coverages to policies shall be in such form, with such companies and in such amounts sufficient as may be reasonably satisfactory to cover the value Lender. Borrower shall deliver to Lender certified copies of such policies and evidence of the Leased Property at the commencement payments of this Lease all premiums therefor upon request. All such policies (except those of public liability and liability property damage) shall contain a Lender's Loss Payable endorsement in a form satisfactory to Lender, naming Lender as determined by the purchase price paid for the Leased Property)sole loss payee thereof, and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event with containing a policy limit less than $1,000,000 per occurrencewaiver of warranties. All insurance proceeds payable under such policies shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank Lender. In the event of partial or total destruction of the collateral by fire or other casualty, the insurance proceeds shall, if an Event of Default exists, at the option of Lender, be paid to Lender to reduce the Obligations, or, alternatively, be held in an amount equal a trust fund with Lender to be disbursed solely for repairs and reconstruction of such collateral or if no Event of Default exists such insurance proceeds shall at the option of Borrower, be applied to reduce the balance owing on the Obligations or be held in a trust fund with Lender to be disbursed solely for repairs and reconstruction of the collateral. Any such trust fund shall be additional security for the Obligations. Borrower shall notify Lender of its exercise of its option as to the then outstanding principal and accrued interest components of the Lease Payments at the time use of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least proceeds within thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leasesubject casualty occurrence.

Insurance. Lessee(a) The Borrower and each of the Subsidiary Guarantors will maintain, at Bankits (or their) sole cost and expense, insurance coverage (i) no less than the coverage described in Schedule 5.05 and (ii) otherwise with financially sound and reputable insurers (either with (A) a minimum A. M. Best rating of A-VII, provided, however, that if the insurance is provided by Borrower’s option, will either self-insure, captive insurance company the minimum rating only applies to the reinsurers or at Lessee’s cost, will cause casualty insurance (B) with such other insurers as shall be reasonably acceptable to the Administrative Agent and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be Collateral Agent) in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risksamounts, and with such insurersdeductibles, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilizedset forth on Schedule 5.05 hereof. If policies of insurance are obtained, Lessee will at any time the Borrower becomes aware that conditions and circumstances may have a material adverse effect on its ability to maintain (or cause Bank to be a loss payee as its interest under this Lease may appear maintained) such insurance coverage with the deductibles shown on Schedule 5.05 at favorable premiums, it shall immediately advise the Administrative Agent and the Collateral Agent in writing; provided that such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal notice must be given prior to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of the relevant existing policy. Such notice shall include copies of any such policiesproposals from insurers regarding the insurance coverage in question as well as the Borrower’s recommendations with respect thereto. By endorsement upon The Administrative Agent shall promptly advise the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration Borrower of the policy. Lessee will carry workers compensation requirements of the Administrative Agent (which requirements shall be determined in good faith by mutual agreement among the Administrative Agent and the Collateral Agent) regarding such insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish the Borrower shall undertake all reasonable efforts to Bank certificates evidencing adhere to such requirements. If the Borrower fails to obtain or maintain the insurance coverage required pursuant to this Section 5.05 or to pay all premiums relating thereto, the Collateral Agent may at any time or times thereafter obtain and maintain such required insurance coverage and pay such premiums and take such other actions with respect thereto that the Collateral Agent deem reasonably advisable. The Collateral Agent shall not have any obligation to obtain insurance for the Borrower or any of its Subsidiaries or to pay any premiums therefor. By doing so, the Collateral Agent shall not be deemed to have waived any Default arising from failure of the Borrower to maintain (or cause to be maintained) such insurance or to pay (or cause to be paid) any premiums therefor. All sums so disbursed, including reasonable attorneys’ fees, court costs and other charges related thereto, shall be payable on demand by the Borrower to the Administrative Agent and shall be additional obligations hereunder secured by the Collateral. The Collateral Agent reserve the right at any time upon any change in the Borrower’s risk profile to require additional insurance coverages throughout and limits of insurance to, in such Agents’ reasonable opinion, adequately protect the Term interests of this Leasethe Lender Parties in all or any portion of the Collateral.

Insurance. LesseeCarrier agrees to keep and maintain during the term of this Agreement and at its sole expense, insurance meeting the requirements of the U.S. Federal Highway Administration, protecting Broker and Broker’s customer from claims that may be encountered in the performance of services hereunder. Such insurance shall include at Bank’s optionleast the following insurance coverage and limits: (a) Worker's compensation and employer's liability insurance, will either self-insurewith limits of at least the statutory minimum or $1,000,000, or at Lessee’s cost, will cause casualty whichever is greater; (b) Comprehensive general liability insurance covering bodily injury and property damage insurance to be carried and maintained on with limits of $2,000,000; (c) Cargo Insurance in the Leased Property, with all such coverages to be in such amounts sufficient to cover amount of the actual value of the Leased Property at the commencement any Cargo transported under this Agreement, but with not less than constant minimum limits of this Lease $1,000,000; (as determined by the purchase price paid for the Leased Property), d) Commercial Auto Liability or Hired and public liability Non-owned Auto Liability Insurance with limits of $2,000,000; (e) excess/umbrella following form non-contributory insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than amount of at least $1,000,000 per occurrence. All insurance shall 10,000,000 and Carrier’s primary and excess/umbrella policies must be written in such forms, endorsed so that they are primary and non-contributory to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination all of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage Broker’s or Shipper’s insurance policies; and (f) Upon request, and an additional insured on Carrier shall submit to Broker a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences certificate of insurance or self-equivalent documents providing evidence of such coverage. Carrier's agreements to indemnify and hold Broker and others harmless from any liability, damage, and loss are in addition to, and not an alternative to, these insurance satisfactory to Bank, together with receipts for provisions and the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration purchase of any such policiesof the above coverages shall not operate to waive any of the above indemnity provisions. By endorsement upon To the policy or by independent instrument furnished to Bankextent that the Carrier may perform under this Agreement without obtaining the above coverages, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration an occurrence shall not operate, in any way, as a waiver of the policyBroker's right to maintain any breach of contract action against Carrier. Lessee will carry workers compensation insurance covering Carrier hereby agrees to waive any and all employees working onrights of subrogation and any and all lien rights (including those arising from worker's compensation/employer's liability policies or other employee benefit programs, incommercial general liability policies, or about the Leased Propertysimilar policies) which may accrue to it or its insurers. This shall include, but not be limited to, rights of subrogation and will require any other person or entity working on, in, or about the Leased Property lien rights. Carrier understands that this waiver shall bind its insurers of all levels and agrees to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term put these insurers on notice of this Leasewaiver and to have any necessary endorsements added to the insurance policies applicable to this Agreement.

Insurance. LesseeBorrower shall at all times insure all of the tangible personal property Collateral and carry such other business insurance, at Bankwith insurers reasonably acceptable to PFG, in such form and amounts as PFG may reasonably require and as are customary and in accordance with standard practices for Borrower’s optionindustry and locations, will either self-insure, or at Lessee’s cost, will cause casualty insurance and property damage Borrower shall provide evidence of such insurance to be carried PFG. All such insurance policies shall have a lender’s loss payable endorsement showing PFG as a lender loss payee, each in form and maintained on the Leased Property, with all such coverages substance reasonably acceptable to be in such amounts sufficient to cover the value PFG. Upon receipt of the Leased Property at proceeds of any such insurance, subject to the commencement rights of this Lease (the Senior Lender, PFG shall apply such proceeds in reduction of the Obligations as determined by the purchase price paid for the Leased Property)PFG shall determine in its good faith business judgment, except that, provided no Default or Event of Default has occurred and public liability is continuing, PFG shall release to Borrower insurance proceeds with respect to the Leased Property in the amounts required by law, but in no event with a policy limit Collateral totaling less than $1,000,000 per occurrence. All insurance 100,000, which shall be written utilized by Borrower for the replacement of the Collateral with respect to which the insurance proceeds were paid. PFG may require reasonable assurance that the insurance proceeds so released will be so used. If Borrower fails to provide or pay for any insurance, PFG may, but is not obligated to, obtain the same at Borrower’s expense. Borrower shall promptly deliver to PFG copies of all material reports made to insurance companies. Notwithstanding anything contained herein to the contrary, so long as no Default or Event of Default shall have occurred and be continuing (unless by reason of a conditional waiver or forbearance then being in effect between PFG and Borrower), Borrower shall not be required to deliver such forms, proceeds of such insurance to cover PFG so long as (x) Borrower reinvests all or any portion of such risksproceeds in assets used or useful in the business of Borrower, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance (y) Borrower has notified PFG in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components advance of the Lease Payments at the time intended reinvestment of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseproceeds.

Insurance. Lessee, at Bank’s option, Each Grantor will either self-insure, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on bear the Leased Property, with all such coverages to be in such amounts sufficient to cover the value full risk of the Leased Property at the commencement loss from any loss of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance any nature whatsoever with respect to the Leased Property Collateral. At its own cost and expense, each Grantor shall (i) keep all its insurable properties and properties in which such Grantor has an interest (other than properties owned by Portfolio Companies) insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance, and such other hazards, and for such amounts, as is customary in the amounts required by lawcase of companies engaged in businesses similar to such Grantor’s, but in no event with a policy limit less than $1,000,000 per occurrence. All including, public and product liability insurance, worker’s compensation, insurance shall be written in against larceny, embezzlement or other criminal misappropriation of such forms, to cover such risksGrantor’s officers and employees, and business interruption insurance; (ii) furnish Collateral Agent with such insurers, as are customary for public entities such as the Lessee. A combination (x) copies of self- insurance all policies and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components evidence of the Lease Payments at the time maintenance of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before any expiration date, and (y) appropriate loss payable endorsements, naming Collateral Agent as loss payee and providing that, as to Collateral Agent, the expiration insurance coverage shall not be impaired or invalidated by any act or neglect of any such policies. By endorsement upon Grantor and the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank provide Collateral Agent with at least thirty (30) days' written days notice prior to cancellation or alteration cancellation. Following the occurrence and during the continuance of an Applicable Triggering Event, Collateral Agent may require each Grantor to instruct the insurance carriers that in the event of any loss thereunder, the carriers shall make payment for such loss to Collateral Agent and not to Grantor and Collateral Agent jointly. All loss recoveries received by Collateral Agent upon any such insurance, following the occurrence and during the continuance of an Applicable Triggering Event, shall be applied to the Secured Obligations by Collateral Agent in accordance with the terms of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased PropertyIntercreditor Agreement, and will require any other person or entity working ondeficiency thereon shall be paid by Grantors to Collateral Agent, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseon demand.

Insurance. Lessee, at Bank’s option, will either self-insure, Keep the Collateral consisting of tangible personal property insured against loss or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required Collateral under a policy or policies covering such risks as are ordinarily insured against by lawsimilar businesses, but in no any event with including fire, lightning, windstorm, hail, explosion, riot, riot attending a policy limit less than $1,000,000 per occurrencestrike, civil commotion, damage from aircraft, smoke and uniform standard extended coverage and vandalism and malicious mischief endorsements, limited only as may be provided in the standard form of such endorsements at the time in use in the applicable state. All Such insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as amounts not less than the Lesseeactual replacement cost of the Collateral. A combination of self- insurance and policies No policy of insurance may shall be utilizedso written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by Vicis. If Such Debtor will obtain lender’s loss payable endorsements on applicable insurance policies in favor of Vicis and will provide to Vicis certificates of such insurance or copies thereof. Such Debtor shall use cause each insurer to agree, by endorsement on the policy or policies or certificates of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted issued by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy it or by independent instrument furnished to BankVicis, that such insurer will agree that it will give Bank at least thirty (30) days' days written notice to Vicis before such policy will be altered or canceled. No settlement of any insurance claim shall be made without Vicis’s prior consent. In the event of any insured loss, such Debtor shall promptly notify Vicis thereof in writing, and, after an Event of Default shall have occurred and be continuing, such Debtor hereby authorizes and directs any insurer concerned to cancellation make payment of such loss directly to Vicis as its interest may appear. Vicis is authorized, in the name and on behalf of such Debtor, to make proof of loss and to adjust, compromise and collect, in such manner and amounts as it shall determine, all claims under all policies; and Debtor agrees to sign, on demand of Vicis, all receipts, vouchers, releases and other instruments which may be necessary in aid of this authorization. After an Event of Default shall have occurred and be continuing, the proceeds of any insurance from loss, theft, or alteration damage to the Collateral shall be held in a segregated account established by Vicis and disbursed and applied at the discretion of Vicis, either in reduction of the policy. Lessee will carry workers compensation insurance covering all employees working onObligations or applied toward the repair, in, restoration or about replacement of the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this LeaseCollateral.

Insurance. LesseeLessee shall maintain at all times on the cars, at Bank’s optionits expense, will either “all-risk” physical damage insurance and commercial general liability insurance and umbrella/excess insurance (covering bodily injury, property damage and pollution exposures, including, but not limited to, contractual liability and products liability) against such risks, in such form and with such insurers as shall be satisfactory to Lessor. The requirement for pollution liability insurance may be satisfied by scheduling a self-insure, or at Lessee’s cost, will cause casualty insurance and property insured retention to an umbrella/excess policy affording pollution liability insurance. The amount of “all-risk” physical damage insurance to shall not on any date be carried and maintained on less than the Leased Property, with all such coverages to be in such amounts sufficient to cover the full replacement value of the Leased Property at cars as of such date; such insurance policy will, among other things, name Lessor, Lessor’s subsidiaries and Lessor’s assignees as joint loss payee as their interest may appear and require that the commencement interests of Lessor, Lessor’s subsidiaries and Lessor’s assignees be continually insured regardless of any breach of or violation by Lessee of any warranties, declarations or conditions contained in such insurance policy. The commercial general liability insurance policy or self-insured retention and umbrella or excess insurance policies shall have a combined limit of not less than $10,000,000 per occurrence, and the policies shall be endorsed to name Lessor, Lessor’s subsidiaries and Lessor’s assignees as additional insureds as their interest may appear. In no event shall Lessor be responsible for premiums, warranties or representations to any insurer or agent thereof. Prior to the Delivery Date and from time to time thereafter, Lessee shall furnish to Lessor an original certificate demonstrating that such insurance coverage is in effect, provided, however, that Lessor shall be under no duty to ascertain the existence or adequacy of such insurance. The insurance maintained by Lessee shall be primary without any right of contribution from insurance which may be maintained by Lessor. The obligations of Lessee under this Article shall be independent of all other terms under this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required by law, but shall in no event with a policy limit less than $1,000,000 per occurrencerelieve Lessee from any indemnity obligation hereunder. All insurance The insurer shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as give the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and Lessor at least thirty (30) days before prior written notice (at the expiration address for notice to Lessor set forth herein) of any alteration in or cancellation of the terms of such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Lease.EXHIBIT E

Insurance. LesseeMaintain and keep in force, at Bank’s optionfor each business in which each Borrower and each of its Domestic Subsidiaries is engaged, will either self-insureinsurance of the types and in amounts customarily carried in similar lines of business, or at Lessee’s costincluding but not limited to fire, will cause casualty insurance extended coverage, public liability, flood, property damage, business interruption and property damage insurance to be carried and maintained on the Leased Propertyworkers’ compensation, with all such coverages to be insurance carried with companies, in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease and containing loss payable (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to property insurance and business interruption insurance) and additional insured (with respect to general liability insurance) endorsements and notice of cancellation in favor of the Leased Property applicable Agent, all in a manner, reasonably satisfactory to Agents, and deliver to Agents from time to time at an Agent’s request, schedules setting forth all insurance then in effect. If any Borrower fails to maintain such insurance, the amounts required by lawapplicable Agent may arrange for such insurance, but in no event with a policy limit less than at such Borrower’s expense and without any responsibility on any Agent’s part for obtaining the insurance, the solvency of the insurance companies, the adequacy of the coverage, or the collection of claims. Borrowers shall give Agents prompt notice of any loss exceeding $1,000,000 per occurrencecovered by its casualty or business interruption insurance. All Prior to the occurrence of a Borrowing Base Trigger Date, the applicable Agent shall hold any proceeds of business interruption insurance received by such Agent in trust for the Loan Parties and promptly turn over such proceeds to the account directed by the applicable Loan Party. Upon the occurrence and during the continuance of an Event of Default, the applicable Agent shall be written have the sole right to file claims under any property, business interruption and general liability insurance policies in such formsrespect of the Collateral, to cover such risksreceive, receipt and give acquittance for any payments that may be payable thereunder, and with such insurersto execute any and all endorsements, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance receipts, releases, assignments, reassignments or other documents that may be utilized. If policies necessary to effect the collection, compromise or settlement of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest any claims under this Lease may appear on any such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Lease.

Insurance. Lessee, at Bank’s option, will either self-insure, or at Lessee’s cost, will cause casualty The Mortgagor shall carry insurance and property damage insurance to be carried and maintained on the Leased Propertyagainst such risks, with all such coverages to be companies, and in such amounts sufficient as shall be reasonably satisfactory to cover JGB Agent (including but not limited to, hazard insurance and flood insurance, if the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Propertyis located within a flood hazard area); each policy shall be in a form reasonably satisfactory to JGB Agent with standard mortgagee clauses making all loss payable to JGB Agent. The Mortgagor shall promptly pay all premiums therefor, and public liability insurance with respect deliver to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrenceJGB Agent all such policies of insurance. All insurance policies shall provide that notice of non-renewal or cancellation must be written in such forms, given to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and JGB Agent at least thirty (30) days before such non-renewal or cancellation. Except as otherwise provided below, any insurance money received by JGB Agent may, at its sole election, be paid, either in whole or in part, to the expiration Mortgagor for the purpose of defraying the costs and expenses of repair, restoration or replacement of the Property damaged or destroyed, or be retained and applied toward the payment of any of the Obligations, in whatever order JGB Agent shall elect, with the excess, if any, over the Obligations to be repaid to the Mortgagor, without impairing the Mortgagor’s duties under this Mortgage or the Obligations. In the event of loss with respect to the Property, the Mortgagor shall promptly notify JGB Agent thereof and JGB Agent may make any proof of loss not promptly made by the Mortgagor. In the event of foreclosure or other disposition of the Property in partial or full payment of the Obligations, JGB Agent shall be entitled to all of the Mortgagor’s right, title and interest in and to all policies of insurance with respect to the Property, including, without limitation, the right to collect any unearned premium refund relating to such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Lease.

Insurance. LesseeAt Borrower’s expense, at Bankthe Loan Parties shall maintain insurance respecting each of the Loan Parties’ and their Restricted Subsidiaries’ assets wherever located, covering loss or damage by fire, theft, explosion, and all other hazards and risks as ordinarily are insured against by other Persons engaged in the same or similar businesses. The Loan Parties also shall maintain (with respect to each of the Loan Parties and their Restricted Subsidiaries) business interruption, general liability, product liability insurance, director’s optionand officer’s liability insurance, will either self-insurefiduciary liability insurance, or at Lessee’s costand employment practices liability insurance, will cause casualty as well as insurance against larceny, embezzlement, and property damage criminal misappropriation. All such policies of insurance shall be with responsible and reputable insurance companies acceptable to be carried Agent and maintained on the Leased Property, with all such coverages to be in such amounts sufficient as is carried generally in accordance with sound business practice by companies in similar businesses similarly situated and located and in any event in amount, adequacy and scope reasonably satisfactory to cover Agent. All property insurance policies covering the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid Collateral are to be made payable to Agent for the Leased Property)benefit of Agent and the Lenders, as their interests may appear, in case of loss, pursuant to a standard loss payable endorsement with a standard non contributory “lender” or “secured party” clause and public liability insurance with respect are to contain such other provisions as Agent may reasonably require to fully protect the Leased Property Lenders’ interest in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, Collateral and to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank any payments to be a loss payee as its interest made under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon All certificates of property and general liability insurance are to be delivered to Agent, with the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty loss payable (30but only in respect of Collateral) days' and additional insured endorsements in favor of Agent and shall provide for not less than 30 days (10 days in the case of non-payment) prior written notice prior to cancellation or alteration Agent of the policyexercise of any right of cancellation. Lessee will carry workers compensation If Borrower fails to maintain such insurance, Agent may arrange for such insurance, but at Borrower’s expense and without any responsibility on Agent’s part for obtaining the insurance, the solvency of the insurance covering all employees working oncompanies, inthe adequacy of the coverage, or about the Leased Propertycollection of claims. Borrower shall give Agent prompt notice of any loss exceeding $2,500,000 covered by its casualty or business interruption insurance. Upon the occurrence and during the continuance of an Event of Default, Agent shall have the sole right to file claims under any property and general liability insurance policies in respect of the Collateral, to receive, receipt and give acquittance for any payments that may be payable thereunder, and will require to execute any and all endorsements, receipts, releases, assignments, reassignments or other person documents that may be necessary to effect the collection, compromise or entity working on, in, or about the Leased Property to carry settlement of any claims under any such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseinsurance policies.

Insurance. LesseeLandlord shall maintain all risk property insurance covering the full replacement cost of the Building and commercial general liability insurance on the Project in forms and amounts customary for properties substantially similar to the Building and Project which may be included in a blanket policy or captive insurance program (in which case the cost of such insurance allocable to the Project or Building will be determined by Landlord based upon the total insurance cost calculations). Landlord may, but is not obligated to, maintain such other insurance and additional coverages as it may deem necessary, including, but not limited to, rent loss insurance. All insurance premiums incurred by Landlord with respect to the Project shall be included in Operating Expenses. Tenant will not use the Premises in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any insurance credits. If an increase in the cost of any insurance on the Building or the Project is caused by Xxxxxx’s use of the Premises, then Tenant shall pay the amount of such increase to Landlord. Tenant, at Bankits sole expense, shall at all times maintain the following insurance: (i) commercial general liability insurance, on an occurrence basis, covering Tenant, and its activities at the Project, having a minimum limit of $2,000,000 per occurrence (which requirement may be satisfied by a combination of primary and excess policy limits); and in the event property of Tenant’s optioninvitees or customers are kept in the Premises or Project, will either self-insure, Tenant shall maintain warehouser’s legal liability or at Lessee’s cost, will cause casualty bailee customers insurance and property damage insurance to be carried and maintained on for the Leased Property, with all such coverages to be in such amounts sufficient to cover the full value of the Leased Property at the commencement of this Lease (such property as determined by the purchase price paid warehouse contract between Tenant and its customer; (ii) all risk property insurance covering the full replacement cost of all property and improvements placed in the Premises by, or on behalf of, Tenant; (iii) workers’ compensation insurance as required by the applicable state statute (or equivalent coverage reasonably acceptable to Landlord in the event there is no such statutory requirement) which shall include a waiver of subrogation in favor of Landlord, Prologis, Inc., its affiliates, and property manager (Landlord and such parties are collectively referred to herein as the “Landlord Parties”); (iv) employers liability insurance of at least $1,000,000, (v) business automobile liability insurance having a combined single limit of not less than $2,000,000 per occurrence which can be satisfied by a combination of primary and excess policy limits insuring Tenant against liability arising out of the ownership maintenance or use of any owned, hired or non-owned vehicles, and (vi) business interruption insurance covering at least 6 months of income. Tenant’s insurance companies shall have an A.M. Best rating of not less than A-VIII and provide primary and non-contributory coverage to the Landlord Parties (any policy issued to Landlord providing duplicate or similar coverage shall be deemed excess over Tenant’s policies). All commercial general liability policies shall name the Landlord Parties as additional insureds. The limits and types of insurance maintained by Tenant shall not limit Tenant’s liability under this Lease. Tenant shall provide Landlord with certificates of such insurance in forms reasonably acceptable to Landlord prior to the date Tenant is in possession of the Premises, and thereafter at least 15 days prior to the expiration of the insurance coverage, or 15 days following Xxxxxx’s receipt of Landlord’s request for such certificates. Acceptance by Landlord of delivery of any certificates of insurance does not constitute approval or agreement by Landlord that the Leased Propertyinsurance requirements of this section have been met. In the event any of the insurance policies required to be carried by Tenant under this Lease shall be cancelled, or if Tenant receives notice of any cancellation from the insurer prior to the expiration date of such policy, Tenant shall promptly replace such insurance policy in order to assure no lapse of coverage shall occur. The all-risk property insurance obtained by Landlord and Tenant shall include a waiver of subrogation by the insurers and all rights based upon an assignment from its insured, against Landlord, and Landlord Parties or Tenant, and Tenant Parties (as defined in Paragraph 30), in connection with any insured loss or damage. Neither party, nor its Landlord Parties or Tenant Parties (as applicable), shall be liable to the other for loss or damage caused by any risk coverable by all risk property insurance, and public liability insurance each party waives any claims against the other party, and against the Landlord Parties and Tenant Parties (as applicable) for such loss or damage. The failure of a party to insure its property shall not void this waiver. Neither party, nor the Landlord Parties and Tenant Parties, shall be liable to the other for any business interruption loss incurred, and each party waives any claims against the other party, and the Landlord Parties and Tenant Parties, for such business interruption loss from any cause whatsoever, including, but not limited to damage caused in whole or in part, directly or indirectly, by the negligent acts of the other party at the Premises or the Project. Notwithstanding the foregoing to the contrary, with respect to any damage to the Leased Property in the amounts required Premises caused by lawTenant, but in no event with a policy limit less than or Tenant Parties, Tenant shall pay Landlord’s all-risk property insurance deductible, not to exceed $1,000,000 25,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least within thirty (30) days before the expiration of any following notice for such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseamount.

Insurance. LesseeKeep its insurable properties insured at all times, at Bank’s optionagainst such risks, will either including fire and other risks insured against by extended coverage, as is customary with companies of the same or similar size in the same or similar businesses (subject to deductibles and including provisions for self-insure, insurance); and maintain in full force and effect public liability insurance against claims for personal injury or at Lessee’s cost, will cause casualty insurance and death or property damage insurance to be carried and maintained on occurring upon, in, about or in connection with the Leased Propertyuse of any properties owned, with all such coverages to be occupied or controlled by any Borrower or any Guarantor, as the case may be, in such amounts sufficient to cover the value and with such deductibles as are customary with companies of the Leased same or similar size in the same or similar businesses and in the same geographic area and in each case with financially sound and reputable insurance companies (subject to provisions for self-insurance). With respect to any Mortgaged Property that is at any time a Special Flood Hazard Property located in a community which participates in the National Flood Insurance Program, the Borrowers shall, or shall cause each applicable Loan Party to, comply with the Flood Insurance Requirements. In connection with any Flood Compliance Event, the Administrative Agent shall provide to the Secured Parties evidence of compliance with the Flood Insurance Requirements, to the extent received from any Borrower. The Administrative Agent agrees to request such evidence of compliance at the commencement request of any Secured Party. Unless any Borrower provides the Administrative Agent with evidence of the Flood Insurance as required by this Lease (as determined Agreement, the Administrative Agent may purchase such Flood Insurance at the Borrowers’ expense to protect the interests of the Administrative Agent and the Secured Parties. Each Borrower and each Loan Party shall cooperate with the Administrative Agent in connection with compliance with the Flood Laws, including by providing any information reasonably required by the purchase price paid for Administrative Agent (or by any Secured Party through the Leased Administrative Agent) in order to confirm compliance with the Flood Laws. If a Flood Redesignation shall occur with respect to any Mortgaged Property), and public liability insurance the Administrative Agent shall obtain a completed Flood Hazard Determination with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Mortgaged Property, and will require each Borrower shall comply with the Flood Insurance Requirements with respect to such Mortgaged Property by not later than forty five (45) days after the date of the Flood Redesignation or any other person or entity working on, in, or about earlier date required by the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this LeaseFlood Laws.

Insurance. LesseeEach Borrower and Guarantor shall, and shall cause any Subsidiary to, at Bank’s optionall times, will either self-insure, or at Lessee’s cost, will cause casualty insurance maintain with financially sound and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability reputable insurers insurance with respect to the Leased Property Collateral against loss or damage and all other insurance of the kinds and in the amounts required customarily insured against or carried by law, but companies of established reputation engaged in no event with a policy limit less than $1,000,000 per occurrencethe same or similar businesses and similarly situated. All Such policies of insurance shall be written reasonably satisfactory to Agent as to form, amount and insurer. Borrowers and Guarantor shall pay all premiums on any such insurance when due. Borrowers and Guarantors shall furnish certificates, policies or endorsements to Agent as Agent shall reasonably require as proof of such insurance, and, if any Borrower or Guarantor fails to do so, in such formsthe case of endorsements, subject to Section 9.31, Agent is authorized, but not required, to cover obtain such risksinsurance at the expense of Borrowers, and with provided, however, that by purchasing such insurersinsurance, as are customary for public entities Agent shall not be deemed to have waived any Default arising from any Borrower’s or Guarantor’s failure to maintain such as the Lesseeinsurance or pay any premiums therefor. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on All such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts shall provide for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration prior written notice to Agent of any cancellation, amendment or reduction of coverage and that Agent may act as attorney for each Borrower and Guarantor in obtaining, and at any time an Event of Default has occurred and is continuing, adjusting, settling, amending and canceling such insurance. Borrowers and Guarantors shall cause Agent to be named as a loss payee and/or an additional insured, as applicable (but without any liability for any premiums) under all casualty and property insurance policies (but not any business interruption insurance policies. By endorsement upon the policy ) and, subject to Section 9.31, Borrowers and Guarantors shall obtain non-contributory lender’s loss payable endorsements to all property and casualty insurance policies in form and substance reasonably satisfactory to Agent, which provide that all proceeds thereunder with respect to any Collateral shall be payable to Agent, and that no such insurance shall be affected by any act or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration neglect of the insured or owner of the property described in such policy. Lessee will carry workers compensation insurance covering all employees working on, inExcept upon (a) the occurrence and during the continuance of an Event of Default, or about (b) during a Compliance Period solely to the Leased Propertyextent the insurance proceeds relate to any Collateral which at the time of loss was included in the calculation of the Borrowing Base, insurance proceeds may be applied by Borrower in its discretion to the repair or replacement of any lost or damaged Collateral that gave rise to such insurance proceeds so long as (i) in the context of replacing lost or damaged Collateral, the insurance proceeds are used to replace such lost or damaged Collateral with like Collateral, and will require (ii) such repair or replacement is completed within one hundred eighty (180) days of the receipt of insurance proceeds, or if Borrower commits in writing to undertake such repair or replacement within such one hundred eighty (180) day period, within two hundred seventy (270) days of the date of the receipt of insurance proceeds. Such lender’s loss payable endorsements shall specify that the proceeds of such insurance shall be payable to Agent, for itself and the ratable benefit of the Secured Parties, Lenders and the Bank Product Providers, as its interests may appear and further specify that Agent and Lenders shall be paid regardless of any act or omission by any Borrower, Guarantor or any of its or their Affiliates. Without limiting any other person rights of Agent or entity working on, in, or about the Leased Property to carry such coverageLenders, and will furnish subject to Bank certificates evidencing Borrowers’ right to otherwise use insurance proceeds as provided in this Section 9.5, any insurance proceeds received by Agent at any time may be applied to payment of the Obligations, whether or not then due, in any order and in such coverages throughout manner as Agent may determine. Upon application of such proceeds to the Term Revolving Loans, Revolving Loans may be available subject and pursuant to the terms hereof to be used for the costs of this Leaserepair or replacement of the Collateral lost or damages resulting in the payment of such insurance proceeds.

Insurance. LesseeLessee shall provide, at Bank’s optionits own expense, will either self-insure, or at Lessee’s cost, will cause casualty Commercial General liability insurance (including bodily injury and property damage insurance liability coverage) to be carried insure both Lessee and maintained on the Leased PropertyRocrents and it members, employees and agents, with all such coverages to be in such amounts sufficient to cover the value limits of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit not less than $1,000,000 per occurrenceoccurrence and aggregate covering bodily injury, death and property damage. All The insurance shall be written in such forms, to cover such risks, and with such insurers, name Rocrents as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured “Additional Insured” on a primary and noncontributory non-contributory basis and a per project aggregate shall apply with a Waiver Of Subrogation clause in favor of Rocrents. In addition, if the Equipment is to be used on such public any roadway, Lessee shall provide, at its own expense, automobile liability and physical damage insurance including comprehensive, collision and other standard coverages for roadway vehicles with a $1,000,000 Per Occurrence limit. Said Insurance shall name Rocrents as an “Additional Insured” on a primary and non-contributory basis. The Lessee's Insurance Carrier(s) shall have a rating in Best's Rating Guide of not less than A- V and be an “Admitted Carrier” in New York State. In addition, Lessee shall provide, at its expense, property casualty insurance with extended coverage to cover damage to the Equipment in an amount equal sufficient to or exceeding cover the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components full replacement value of the Lease Payments at the time of such damage or destruction as provided by Section 8.1Equipment. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry shall also maintain workers compensation insurance covering all employees working onwithin statutory limits. All of the forgoing are hereafter collectively referred to as the “Insurance Coverages.” Prior to taking delivery of the Equipment, in, or about the Leased PropertyLessee shall provide a Certificate of Insurance evidencing such Insurance Coverages in form acceptable to Rocrents, and will require which shall: (i) include a non- owned vehicle endorsement, (ii) waive any other person or entity working onright of subrogation against Rocrents and (iii) name Rocrents as Additional Insured on all liability coverages and a Loss Payee on all property casualty insurance. Lessee shall keep such insurance in force until the Equipment has been returned to Rocrents. The Certificate of Insurance shall provide for a 30-day notice of cancellation to Rocrents. In the event that Lessee fails to maintain the required Insurance Coverages in force and effect, inLessee agrees to pay all losses incurred by Rocrents as a result thereof, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseincluding all deductibles. LIABILITY COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS WILL NOT BE PROVIDED BY ROCRENTS UNDER ANY CIRCUMSTANCES.

Insurance. LesseeBorrower shall at all times throughout the term of this Agreement and any extension hereof procure and maintain at its own expense the following minimum insurance coverages which shall be provided by insurance carriers with an AM Best rating of A, at Bank’s option, will either self-insure, Class X or at Lessee’s cost, will cause casualty insurance as otherwise acceptable to Lender and with such deductibles and exclusions as approved by Lender: (1) All risk property damage insurance covering the Collateral which shall include but not be limited to fire and extended coverage and where applicable mechanical breakdown and electrical malfunction, and which shall be written in amount not less than the greater of (x) the outstanding loan balance or (y) the current replacement cost; and, (2) Commercial general liability insurance which may include excess liability insurance written on occurrence basis with a limit of not less than $3,000,000; and, (3) Workers’ compensation insurance in accordance with statutory limits and employers’ liability coverage which may include excess liability in an amount not less than $3,000,000. Any insurance carried and maintained on the Leased Property, in accordance with all such coverages this Agreement by Borrower shall be endorsed to provide that: (i) Lender shall be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), additional insured and public liability insurance loss payee with respect to the Leased Property property insurance described in subsection (1) of the amounts required prior paragraph (and such insurance shall provide that the interest of Lender shall not be invalidated by lawany act or neglect of Lender, but Borrower or other person), and Lender shall be an additional insured with respect to the liability insurance described in no event with a policy limit less than $1,000,000 per occurrence. All subsection (2) of the prior paragraph; and, (ii) The insurers thereunder waive all rights of subrogation against Lender, any right of setoff and counterclaim and any other right to deduction due to outstanding premiums, whether by attachment or otherwise; and, (iii) Such insurance shall be primary without right of contribution of any other insurance carried by or on behalf of Lender; and, (iv) Inasmuch as such policies are written in such forms, to cover more than one insured, all terms, conditions, insuring agreements and endorsements (other than the limits of liability) shall operate in the same manner as if there were a separate policy covering each insured; and, (v) If such risksinsurance is canceled for any reason whatsoever, and with including nonpayment of premium, or any substantial change is made in the coverage that affects the interests of Lender, such insurers, cancellation or change shall not be effective as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least Lender until thirty (30) days before the expiration after receipt by Lender of any such policies. By endorsement upon the policy or written notice sent by independent instrument furnished to Bank, registered mail from such insurer will agree of such cancellation or change; providing, however, that it will give Bank at least such thirty (30) days' written notice prior day period shall be reduced to ten (10) days in the case where cancellation results from the nonpayment of premiums. Borrower, irrevocably, appoints Lender as Borrower’s true and lawful attorney (and agent-in fact) for the purpose of making, settling and adjusting claims under such policies, endorsing the name of Borrower on any check, draft, instrument or alteration other item of payment for the proceeds of such policies and for making all determinations and decisions with respect to such policies, and such appointment will be immediately effective upon the occurrence of an Event of Default hereunder. On or before the funding by Lender hereunder of each Funding Request, and at each policy anniversary date, Borrower shall arrange to furnish Lender with appropriate Certificates of Insurance. Such Certificates of Insurance shall be executed by each insurer or by an authorized representative of each insurer, and shall identify insurers, the type of insurance, the insurance limits and the policy term and shall specifically list the special endorsements (i) through (v) above. If the Borrower fails to provide the appropriate Certificates of Insurance, whether originally or at each policy anniversary date, then Borrower agrees to pay Lender a non-compliance fee equal to $1,000 each month until such Certificates of Insurance are provided to Lender. Such fee does not procure or constitute insurance coverage for Borrower. In case of the policyfailure to procure or maintain such insurance, Lender shall have the right, but not the obligation, to obtain such insurance and any premium paid by Lender shall be immediately due and payable by Borrower to Lender. Lessee will carry workers compensation The maintenance of any policy or policies of insurance covering all employees working on, in, pursuant to this Section shall not limit any obligation or about the Leased Property, and will require liability of Borrower pursuant to any other person Sections or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term provisions of this LeaseAgreement.

Insurance. LesseeAt Borrower’s expense, at Bank’s option, will either self-insure, or at Lessee’s cost, will cause casualty maintain insurance (other than directors and property damage officers liability insurance) with reputable insurance to be carried companies covering such risks and maintained on the Leased Property, with all such coverages to be in such amounts sufficient as is consistent with past practices of Borrower and its Restricted Subsidiaries. All property insurance policies covering the Collateral are to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid be made payable to Agent for the Leased Property)benefit of Agent and the Lenders, as their interests may appear, in case of loss, pursuant to a standard loss payable endorsement with a standard non-contributory “lender” or “secured party” clause and public are to contain such other provisions as Agent may reasonably require to fully protect the Lenders’ interest in the Collateral and to any payments to be made under such policies. All certificates of property and general liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a delivered to Agent, with the loss payee as its interest under this Lease may appear on such property damage insurance policies, payable (but only in respect of Collateral) and an additional insured on a primary and noncontributory basis on such public liability insurance endorsements in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses willfavor of Agent and, to the extent permitted obtainable (which the Loan Parties agree to use their commercially reasonable efforts to obtain), shall provide for not less than 30 days (10 days in the case of non-payment) prior written notice to Agent of the exercise of any right of cancellation; provided, however, that so long as no Event of Default has occurred and is continuing, Agent agrees to endorse and deliver to Borrower any payment item that Agent receives on account of casualty insurance or business interruption insurance. With respect to Real Property Collateral subject to a Mortgage, obtain flood insurance in such total amount as Agent may from time to time reasonably require, if at any time the area in which any improvements located on any such Real Property Collateral is designated a Flood Zone and otherwise comply with the Flood Program. If Borrower fails to maintain such insurance, Agent may arrange for such insurance, but at Borrower’s expense. Borrower shall give Agent prompt notice of any loss exceeding $10,000,000 covered by lawits casualty insurance or business interruption insurance. Upon the occurrence and during the continuance of an Event of Default, Agent shall have the sole right to file claims under any property and general liability insurance policies in respect of collateral, to receive, receipt and give acquittance for any payments that may be payable thereunder, and to Bank in an amount equal execute any and all endorsements, receipts, releases, assignments, reassignments or other documents that may be necessary to effect the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage collection, compromise or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration settlement of any claims under any such insurance policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Lease.

Insurance. LesseeEach Obligor shall, at Bank’s optionall times, will either self-insure, or at Lessee’s cost, will cause casualty insurance maintain with financially sound and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability reputable insurers insurance with respect to the Leased Property Collateral against loss or damage and all other insurance of the kinds and in the amounts required customarily insured against or carried by law, but corporations of established reputation engaged in no event with a policy limit less than $1,000,000 per occurrencethe same or similar businesses and similarly situated. All Said policies of insurance shall be written in reasonably satisfactory to Agent as to form, amount and insurer. Borrowers shall furnish certificates, policies or endorsements to Agent as Agent shall reasonably require as proof of such formsinsurance, and, if Borrowers fail to do so within five (5) Business Days following notice of such failure, Agent is authorized, but not required, to cover obtain such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time expense of such damage or destruction as provided by Section 8.1Borrowers. Lessee will deliver to Bank the All policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts shall provide for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration prior written notice to Agent of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration reduction of coverage and that, at any time an Event of Default has occurred and is continuing, Agent may act as attorney for Obligors in obtaining, adjusting and settling such insurance. Obligors shall cause Agent to be named as a loss payee (with respect to policies insuring the Collateral only) and an additional insured (but without any liability for any premiums) under such insurance policies and Obligors shall obtain non-contributory lender’s loss payable endorsements to all insurance policies covering the Collateral in form and substance reasonably satisfactory to Agent. Such lender’s loss payable endorsements shall specify that the proceeds of such insurance shall be payable to Agent as its interests may appear and further specify that Agent and Secured Parties shall be paid regardless of any act or omission by any Borrower or any of its Affiliates. After an Event of Default has occurred and is continuing, at its option, Agent may apply any insurance proceeds relating to the Collateral received by Agent at any time to the payment of the policy. Lessee will carry workers compensation insurance covering all employees working onObligations, inwhether or not then due, or about the Leased Propertyin any order and in such manner as Agent may determine, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leasewhich amounts may be reborrowed.

Insurance. LesseeSunoco shall maintain, at Bankits sole cost, at all times while performing under this Agreement, the following minimum insurance coverage with providers satisfactory to Motiva: • Workers’ Compensation Limit: Statutory • Employers’ Liability Limit: $5,000,000 each occurrence THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [******] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. For all its employees engaged in performing any services for Sunoco under a Terminal Schedule, Worker’s option, will either self-insureCompensation Insurance and/or Longshoremen’s and Harborworker’s Compensation Insurance, or at Lessee’s costsimilar social insurance in accordance with and endorsed by Law which may be applicable to those employees. • Commercial General Liability Limit: $10,000,000 each occurrence Commercial General Liability Insurance (including, will cause casualty insurance but not limited to, contractual liability) with combined personal injury and property damage damage. • Automobile Liability Limit: $10,000,000 each accident Business or Commercial Automobile Liability insurance covering all vehicles used in performing any work pursuant to be carried and maintained on the Leased Propertythis Agreement, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required policy endorsed appropriately when hazardous materials transportation is involved. Where permissible by law, but insurance policies shall provide a waiver of subrogation in no event with a policy limit less than $1,000,000 per occurrence. All insurance favor of Motiva, allow for the separation of insureds, shall be written in such forms, considered primary insurance to cover such risksany insurance maintained by Motiva, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least give Motiva thirty (30) days before written notice of cancellation or material change. Any deductible or retention of insurable risks shall be for Sunoco’s account. The Insurance required in this section and each certificate evidencing the expiration Insurance shall name Motiva (and its members, subsidiaries, affiliates, and joint venture partners to the extent of their interest) an additional insured as it pertains to this Agreement, without regard to the allocation of liability provisions which may be contained in this Agreement, to the extent of any such policies. By endorsement upon claim, loss, or liability within the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration scope of the policyrequired Insurance. Lessee Sunoco has the right to self-insure any of the aforementioned coverages, provided that Sunoco will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates provide Motiva with a letter evidencing such coverages throughout the Term of this Leaseself-insurance.

Insurance. Lessee, at Bank’s optionits own cost and expense, will either self-insure, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on shall insure the Leased Property, with Equipment against all such coverages to be in such amounts sufficient to cover risks for the value of the Leased Property at Equipment and in no event for less than the commencement Stipulated Loss Value of this the Equipment. Notwithstanding the foregoing, if no Lease (as determined by the purchase price paid for the Leased Property)Event of Default shall have occurred and be continuing, and public liability insurance Lessee may self-insure with respect to the Leased Property insurance required in the preceding sentence. Lessee shall maintain comprehensive general public liability insurance and automobile liability insurance, each against such risks in amounts required by law, but in no event with a policy limit not less than $1,000,000 per occurrence5,000,000 combined single limit. All such insurance shall be in such form as the Additionally Insured Parties shall approve, shall be with financially sound and reputable independent insurers, shall specify Lessor and the Agent, as their respective interests may appear, as loss payees with respect to property damage insurance and the Additionally Insured Parties, as their respective interests may appear, as additional insureds with respect to liability insurance. Any insurance policy maintained by Lessee pursuant to this Section 12 shall provide that such insurance may not be cancelled as to the Additionally Insured Parties or altered in any way that would affect the interests of the Additionally Insured Parties without at least 30 days prior written notice to the Additionally Insured Parties. All insurance shall be written in such formsprimary, to cover such riskswithout right of contribution from any other insurance carried by the Additionally Insured Parties, and with such insurers, as are customary for public entities such as the Lessee. A combination shall contain a "breach of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, warranty" provision satisfactory to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal Additionally Insured Parties and accrued interest components shall waive any right of subrogation of the Lease Payments at insurers against the time of such damage or destruction as provided by Section 8.1Additionally Insured Parties. Lessee will deliver to Bank shall provide the policies or evidences of insurance or self-insurance Additionally Insured Parties (as reasonably requested by the Additionally Insured Parties) with evidence satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration them of the policy. Lessee will carry workers compensation required insurance covering at all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout times during the Term of this Leaseand, if applicable, during the Initial Storage Period.

Insurance. LesseeMaintain insurance in amounts, at Bank’s option, will either self-insure, or at Lessee’s cost, will cause casualty insurance on such terms and property damage insurance to be carried against such risks (including fire and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined other hazards insured against by the purchase price paid for the Leased Property)extended coverage, and public liability insurance with respect to covering claims for personal injury, death or property damage, business interruption insurance) as are both maintained as of the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, Closing Date and with such insurers, as are customary for public entities companies of similar size in the same or similar businesses and operating in the same or similar locations, as well as all such other insurance as is required from time to time by the Lessee. A combination Agent, each of self- insurance which policies shall be issued by a financially sound and policies reputable insurer reasonably acceptable to the Agent, and shall name the Agent, for the benefit of insurance may be utilized. If policies of insurance are obtainedthe Agent and the other Secured Persons, Lessee will cause Bank to be a as lender’s loss payee and additional insured (as applicable) as its interest under this Lease may appear on such property damage insurance policiesappears and, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal unless otherwise agreed to or exceeding the minimum limit stated herein. Subject to Section 4.2by Agent, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts provide for the applicable premiums before the Leased Property is delivered Agent to Lessee and receive written notice thereof at least thirty (30) days before prior to any cancellation of the subject policy. The Borrower shall provide to the Agent certificates from the applicable insurers evidencing all such required insurance promptly upon request. Unless Borrower provides the Agent with a certificate of insurance or other evidence of the continuing insurance coverage required by this Agreement within three (3) days of the Agent’s written request, the Agent may purchase insurance at Borrower’s expense to protect the Agent’s and each other Secured Person’s interests. This insurance may, but need not, protect any Loan Party’s interests. The coverage that the Agent purchases may, but need not, pay any claim that is made against any Loan Party in connection with their assets. Borrower may later cancel any insurance purchased by the Agent, but only after providing the Agent with evidence that Bxxxxxxx has obtained the insurance coverage required by this Agreement. If the Agent purchases such insurance, as set forth above, Borrower shall be responsible for the costs of that insurance, including interest and any other charges that may be imposed with the placement of the insurance, until the effective date of the cancellation or expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration insurance and the costs of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about may be added to the Leased Property, and will require any other person or entity working on, in, or about principal amount of the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this LeaseLoans owing hereunder.

Insurance. Lessee, at Bank’s option, will either Parent and its Restricted Subsidiaries shall maintain or cause to be maintained (including through self-insure, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance) insurance with respect to the Leased Property in the amounts required by lawtheir property and business against such liabilities and risks, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, types and amounts and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to deductibles or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance risk retentions, in each case as relating are in accordance with customary industry practice for companies engaged in similar businesses as Parent and its Restricted Subsidiaries (taken as a whole), as such customary industry practice may change from time to casualty time; provided, however, that in the event that any improved real property owned by an Obligor is subject to a Mortgage and property damage losses willis located in any area that has been designated by the Federal Emergency Management Agency as a “Special Flood Hazard Area”, such Obligor shall purchase and maintain, or cause to the extent permitted by lawbe purchased and maintained, flood insurance on such Collateral, which shall be payable to Bank in an amount equal to the then outstanding principal lesser of (a) the Commitments and accrued interest components (b) the total replacement cost value of such improvements. Parent will furnish to the Lenders, upon request of the Lease Payments at Administrative Agent, information in reasonable detail as to the time of such damage or destruction as provided by Section 8.1insurance so maintained. Lessee will Parent shall deliver to Bank the Administrative Agent endorsements (x) to all “All Risk” physical damage insurance policies on all of the Obligors’ tangible personal property and assets insurance policies naming the Administrative Agent as lender loss payee, and (y) to all general liability and other liability policies of the Obligors naming the Administrative Agent an additional insured. In the event Parent or any other Obligor at any time or times hereafter shall fail to obtain or maintain any of the policies or evidences insurance required herein, then the Administrative Agent, without waiving or releasing any obligations or resulting Default hereunder, may at any time or times thereafter (but shall be under no obligation to do so) obtain and maintain such policies of insurance or self-and pay premiums and take any other action with respect thereto which the Administrative Agent deems advisable. All sums so disbursed by the Administrative Agent shall constitute part of the Obligations, payable as provided in this Agreement. Without limiting the foregoing, to the extent that any Obligor is entitled to receive proceeds under any insurance satisfactory to Bankpolicy, together with receipts for it shall direct the applicable premiums before insurer to deposit such proceeds (and such proceeds shall be so deposited) into a deposit account that is subject to a deposit account control agreement in form and substance reasonably acceptable to the Leased Property is delivered Administrative Agent, which, subject to Lessee and at least thirty the Intercreditor Agreement, establishes “control” (30) days before within the expiration meaning of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration Section 9-104 of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about UCC) with respect to such deposit account by the Leased Property, and will require any other person or entity working on, in, or about Administrative Agent on behalf of the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this LeaseSecured Parties.

Insurance. Lessee18.1. Seller must submit a certificate of insurance naming Buyer as the certificate holder, at Bank’s optionreflecting its general liability, will either self-insureumbrella, or at Lessee’s costworkers’ compensation, will cause casualty insurance automobile, equipment, and property damage insurance to be carried and maintained professional coverages when required on the Leased Property, with all Project. Seller shall furnish the Buyer an insurance certificate reflecting such coverages coverage prior to be in such amounts sufficient to cover the value of the Leased Property at the commencement of work under this Lease Purchase Order, and shall maintain such coverage throughout the period of performance of this Purchase Order and all warranty periods applicable to the Work being performed by Seller. Seller shall, in addition to and without limitation of the requirements established herein, cause the insurance policies described herein to include Buyer, its parent, subsidiaries and affiliated companies or of any named working interest owners or joint ventures, and all of their officers, directors and employees as additional insureds. Seller must notify Buyer immediately in the event any insurance coverage required by this Purchase Order has or will become ineffective for any reason. The notice shall provide the date(s) and identify the specific coverage(s) that has or will become ineffective AND a certificate of replacement or continued insurance showing evidence of coverage as required by this Purchase Order OR a request for Buyer to obtain replacement insurance coverage at Seller’s expense. If Seller’s insurance coverage becomes ineffective and the Seller has failed to provide the above required notice, the Seller shall indemnify Buyer against any claim resulting from Seller’s liability arising out of Seller’s operations, completed or otherwise, under this Purchase Order that is not covered by Seller’s insurance. Seller’s insurance will be primary, and Buyer’s and Client’s insurances will be secondary and non-contributing at all times. All lower-tier subcontractors (as determined by if any) must also maintain the purchase price paid required insurance for the Leased Property), and public duration of the Purchase Order. Seller shall be responsible for any liability arising directly or indirectly out of the work performed by each of its lower-tier subcontractors that is not otherwise covered by such Seller’s insurance. Seller’s failure to provide insurance with respect to the Leased Property in the amounts as required by law, but this Purchase Order may result in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination withholding of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leasepayment.

Insurance. LesseeBorrower, each Primary Obligor, each Portfolio Entity (other than any Foreign Portfolio Entity), each REO Affiliate and each Wholly-Owned Subsidiary at Bank’s optioneach of such respective Person's sole cost and expense, will either self-insureshall keep and maintain: (i) policies of insurance against all hazards and risks ordinarily insured against by other owners or users of properties in similar business or as reasonably requested in writing by Agent; and (ii) public liability insurance relating to such Person's ownership and use of its Assets; provided, or at Lessee’s costhowever, will cause casualty no such Person shall be required to maintain the insurance and property damage referred to in clause (i) as to any Asset if the Net Present Value of the Asset is less than $50,000. All such policies of insurance to shall be carried and maintained on the Leased Propertyin form, with all such coverages to be insurers and in such amounts sufficient as may be satisfactory to cover Agent. Borrower shall deliver to Agent the value original (or certified) copy of the Leased Property at the commencement each policy of this Lease (as determined by the purchase price paid for the Leased Property)insurance, and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrenceevidence of payment of all premiums for each such policy. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and Such policies of insurance may be utilized. If policies of insurance are obtainedBorrower, Lessee will cause Bank Primary Obligors and Wholly-Owned Subsidiaries (except those of public liability) shall contain an endorsement, in form and substance acceptable to be a loss payee as its interest under this Lease may appear on such property damage insurance policiesAgent, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal showing losses payable to or exceeding Agent for the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage ratable benefit of Lenders (excluding any losses will, payable to the extent permitted by lawlenders under any Approved Portfolio Leverage Arrangement). Such endorsement or an independent instrument furnished to Agent, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee shall provide that all insurance companies will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and give Agent at least thirty (30) days prior written notice before the expiration of any such policiespolicy or policies of insurance shall be altered or canceled and that no act or default of Borrower or any other Person shall affect the right of Agent for the ratable benefit of Lenders, to recover under such policy or policies of insurance in case of loss or damage (excluding any losses payable to the lenders under any Approved Portfolio Leverage Arrangement). By endorsement Upon request by Agent and, whether or not such request is made, upon the policy occurrence of an Event of Default or Default, Borrower hereby directs all insurers under such policies of insurance (except those of public liability) to pay all proceeds payable thereunder directly to Agent (excluding any losses payable to the lenders under any Approved Portfolio Leverage Arrangement). Upon request by independent Agent and upon the occurrence of an Event of Default or Default, Borrower, irrevocably, appoints Agent (and all officers, employees or agents designated by Agent) as Borrower's true and lawful agent and attorney-in-fact for the purpose of making, settling and adjusting claims under such policies of insurance, endorsing the name of Borrower on any check, draft, instrument furnished or other item of payment for the proceeds of such policies of insurance and for making all determinations and decisions with respect to Banksuch policies of insurance. In the event Borrower, such insurer will agree that it will give Bank any Primary Obligor, any Portfolio Entity, any REO Affiliate or any Wholly-Owned Subsidiary at least thirty (30) days' written notice prior any time or times hereafter shall fail to cancellation obtain or alteration maintain any of the policy. Lessee will carry workers compensation policies of insurance covering all employees working onrequired above or to pay any premium in whole or in part relating thereto, inthen Agent, without waiving or about the Leased Propertyreleasing any obligation, covenant or agreement of Borrower or any Event of Default or Default, may at any time or times thereafter (but shall be under no obligation to do so) obtain and will require maintain such policies of insurance and pay such premium and take any other person or entity working onaction with respect thereto which Agent deems advisable. All sums so disbursed by Agent, inincluding reasonable attorneys' fees, or about court costs, expenses and other charges relating thereto, shall be part of the Leased Property Obligations, payable by Borrower to carry such coverageAgent on demand. Agent shall also be named as an additional insured with respect to Borrower's, each Primary Obligor's and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseeach Wholly-Owned Subsidiary's liability insurance.

Insurance. LesseeTenant acknowledges and agrees that: (A) Landlord has not and will not insure any personal or other property of Tenant located within the Dwelling, Neighborhood or otherwise at Bank’s option, will either self-insure, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on upon the Leased PropertyPremises at any time during the Term; (B) such personal or other property of Tenant could be damaged, with all such coverages destroyed or stolen during the Term; (C) certain accidents, incidents or other events could arise or occur during the Term which could result in injury, damage or liability to be in such amounts sufficient to cover or for Tenant or others; and (D) Tenant is responsible for understanding the value exclusions of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property)any policy Tenant obtains, including flood and water damage. Therefore, Landlord requires that Tenant obtain renter's insurance or other available similar insurance coverage insuring against events referenced above or any other insurable occurrences, events, accidents or incidents, and public neither Landlord nor Agent shall have any liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrencesame. All Such insurance shall be written in such forms, to cover such risks, provide minimum coverage of Ten Thousand Dollars ($10,000) for personal property (“Property Coverage”) of Tenant and with such insurers, One Hundred Thousand Dollars ($100,000) of personal liability (“Liability Coverage”). Tenant shall name the Landlord as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on such coverage and such coverage shall require a primary and noncontributory basis on such public liability insurance waiver of subrogation in an amount equal favor of the Landlord. In addition to or exceeding treating the minimum limit stated herein. Subject failure to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-obtain the foregoing insurance as relating a breach of the Lease, Landlord may obtain Liability Coverage insurance on behalf of Tenant and charge Tenant for (a) the cost of such insurance and (b) an additional administrative fee of $5 per month for doing so, such amounts shall be considered part of Tenant’s Rent. If Landlord elects to casualty obtain such coverage on Tenant’s behalf, the Tenant would be the insured under such policy and property damage losses will, Landlord shall provide a certificate evidencing such coverage to Tenant. Tenant acknowledges and agrees if Landlord obtains such insurance that it may not include any Property Coverage and waives any claims against Landlord related to the extent permitted by law, be payable provided insurance due to Bank in an amount equal Tenant’s failure to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseobtain on Tenant’s own.

Insurance. LesseeThe Borrower will, at Bank’s option, will either self-insure, or at Lessee’s cost, and will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Propertyeach of its Subsidiaries to, maintain, with all such coverages to be financially sound and reputable insurance companies (a) insurance in such amounts sufficient (with no greater risk retention) and against such risks as are customarily maintained by companies of established repute engaged in the same or similar businesses operating in the same or similar locations and (b) all insurance required to cover be maintained pursuant to the value Security Documents. The Borrower will furnish to the Lenders, upon request of the Leased Property at the commencement of this Lease (Administrative Agent, information in reasonable detail as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated hereinso maintained. Subject to Section 4.2the terms of the Intercreditor Agreement, insurance proceeds from all property insurance policies or budgeted amounts from self-insurance as relating covering the Collateral are to casualty and property damage losses will, to the extent permitted by law, be made payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts Administrative Agent for the applicable premiums before benefit of Administrative Agent and the Leased Property is Lenders, as their interests may appear, in case of loss, pursuant to a standard loss payable endorsement with a standard non contributory “lender” or “secured party” clause and are to contain such other provisions as Administrative Agent may reasonably require to fully protect the Lenders’ interest in the Collateral and to any payments to be made under such policies. All certificates of property and general liability insurance are to be delivered to Lessee Administrative Agent, with the loss payable (but only in respect of Collateral) and at least additional insured endorsements in favor of Administrative Agent and shall provide for not less than thirty (30) days before (ten (10) days in the expiration case of non-payment) prior written notice to Administrative Agent of the exercise of any right of cancellation. If any Borrower or its Subsidiaries fails to maintain such policies. By endorsement upon insurance, Administrative Agent may arrange for such insurance, but at Borrowers’ expense and without any responsibility on Administrative Agent’s part for obtaining the policy or by independent instrument furnished to Bankinsurance, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration the solvency of the policy. Lessee will carry workers compensation insurance covering all employees working oncompanies, inthe adequacy of the coverage, or about the Leased Propertycollection of claims. Borrowers shall give Administrative Agent prompt notice of any loss exceeding $500,000 covered by their or their Subsidiaries’ casualty or business interruption insurance. Upon the occurrence and during the continuance of an Event of Default, Administrative Agent shall have the sole right to file claims under any property and general liability insurance policies in respect of the Collateral, to receive, receipt and give acquittance for any payments that may be payable thereunder, and will require to execute any and all endorsements, receipts, releases, assignments, reassignments or other person documents that may be necessary to effect the collection, compromise or entity working on, in, or about the Leased Property to carry settlement of any claims under any such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseinsurance policies.

Insurance. LesseeA. Prior to the first sale of any Licensed Product, at Bank’s option, will either Licensee shall maintain a program of self-insureinsurance reasonably acceptable to Mycogen, Demeter and LSU or shall obtain liability insurance coverage on an "occurrence" basis for any and all liability arising out of the sublicensing, manufacture, use, distribution, marketing, importation, or at Lessee’s costsale of any Licensed Product, will cause casualty by Licensee, its Affiliates, and their customers, in all countries. Mycogen, Demeter and LSU shall be additional insureds in any such liability insurance. This liability insurance and property damage must be issued by a company having a current A. M. Best rating of A+ 8 or better. The limits of this insurance to coverage shall be carried and maintained on the Leased Propertynot less than three million Dollars ($3,000,000) per occurrence, with all such coverages to be in such amounts sufficient to cover the value aggregate limits not less than five million Dollars ($5,000,000) per year. The amount of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect coverage required by this Paragraph A is subject to the Leased Property inflation adjustment set forth in Paragraph B, below. The maximum deductible may not exceed fifty thousand Dollars ($50,000) or such other amount as may be reasonably acceptable to Mycogen, Demeter and LSU. This liability insurance shall include contractual liability coverage and products/completed operations coverage in at least the minimum amounts required by lawthis Article. If applicable, but in no event with a policy limit less than $1,000,000 per occurrenceLicensee shall forward written evidence of such liability insurance coverage, including the declarations page(s) describing the coverage provided by the policy, and including the endorsement naming Mycogen, Demeter and LSU as additional insureds, to Mycogen, Demeter and LSU at least sixty days prior to the first use or sale of any Licensed Product. All insurance The insurer shall be written in such forms, required to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and give at least thirty days' notice of cancellation or modification of coverage to Mycogen, Demeter and LSU. The obligation to provide Mycogen, Demeter and LSU the liability insurance required by this Article and written evidence thereof shall continue until the earliest of the following two events: (30a) days before the expiration or termination of this Agreement in accordance with its terms; or (b) the time when Licensee permanently ceases to make, use, import, sell, or offer to sell Licensed Products. In addition, Licensee shall thereafter obtain and maintain a "tail" insurance policy otherwise satisfying the requirements of this Paragraph, and insuring the same persons against the same risks until the expiration of any such policiesremaining pertinent statute of limitations period. By endorsement upon At any time when Licensee obtains, renews, or replaces a liability insurance policy, the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank aggregate limits for the liability insurance coverage shall be at least thirty (30) days' written notice prior equal to cancellation or alteration Net Sales for the most recently completed Licensee fiscal year. The alternative amount of liability insurance provided by the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about preceding sentence is not subject to the Leased Propertyinflation adjustment otherwise required by this Article X, and will require any other person or entity working on, in, or about only applies if this alternative amount is greater than the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term amount of insurance otherwise required by this Lease.Paragraph A.

Insurance. LesseeLessee shall, at Bank’s optionduring the entire term hereof, will either self-insure, or at Lessee’s cost, will cause casualty insurance keep in full force and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public effect general liability insurance with respect to the Leased Property demised premises, and the business operated by Lessee and any sublessees of Lessee in the amounts required by law, but in no event demised premises with a policy combined single limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty bodily injury and property damage losses willof not less than TWO MILLION DOLLARS ($2,000,000) per occurrence or such higher limits as Lessor may specify from time to time; provided, however, that (i) no such limit shall in any way limit Lessee’s liability or be construed as a representation of sufficiency to fully protect Lessee or Lessor; and (ii) Lessor shall not require an increase in such limits unless, and only to the extent permitted by lawextent, be payable to Bank tenants of comparable space in an amount equal to the then outstanding principal and accrued interest components same geographic area of the Lease Payments at premises are typically required to provide such insurance limits under their respective leases. Such insurance shall name Lessor, Lessor’s mortgage companies (if Lessor has notified Lessee of the time identity thereof with instructions to list them as additional insureds), Lessor’s management agent (if Lessor has notified Lessee of such damage the identity thereof with instructions to list it as an additional insured) and any other person, firms or destruction corporation designated by Lessor, and Lessee as provided by Section 8.1. Lessee will deliver to Bank additional insured, and shall contain a clause that the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least not cancel or change the insurance without first giving Lessor thirty (30) days' ’ prior written notice prior to cancellation or alteration notice. The insurance shall be obtained from an insurance company approved by Lessor and a copy of the policypolicy or a certificate of insurance shall be delivered to Lessor. Lessee will carry workers compensation procure at its own expense and will keep in force during the term of this lease insurance covering on all employees working onalterations, inadditions and improvements made on the premises against loss or damage by fire with extended coverage in a responsible insurance company, and in time of war against war damage to the extent such governmental insurance is obtainable at reasonable cost, in an amount as near as practicable to the full insurable value thereof, in the joint names of Lessor and Lessee as their interests may appear. In every case of loss or damage to such alterations, additions or improvements Lessee with all reasonable speed will use all proceeds of such insurance (excluding the proceeds of any use and occupancy insurance of Lessee) for rebuilding, repairing or otherwise reinstating the same alterations, additions and improvements in a good and substantial manner, and Lessee will make up from its own funds any deficiency in the insurance proceeds. Lessee shall insure and keep insured any and all plate and other glass in and about the premises naming Lessor and Lessee as additional insureds. If not covered by insurance, Lessee shall be solely responsible for the replacement of any plate glass on the premises. Lessor shall, during the entire term hereof, keep in full force and effect “all risk” insurance coverage on the building and related improvements from a responsible insurance company for the full insurable value thereof, subject to a commercially reasonable deductible. Lessor and Lessee each waive any right to recover against the other claims or damages to property to the extent such damages and claims are insured against, or about required to be insured against, by Lessor or Lessee under this Lease. The foregoing provision is intended to waive, fully and for the Leased Propertybenefit of each party, any rights and/or claims that might give rise to a right of subrogation by any insurance carrier, and will require the foregoing waiver shall govern and control any other person contrary or entity working on, in, inconsistent terms or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term provisions of this Lease.

Insurance. LesseeProceeds of Collateral include insurance proceeds and, at Bank’s optiontherefore, will either self-insure, or at Lessee’s cost, will cause the Lien Priority shall govern the ultimate disposition of casualty insurance proceeds. The ABL Agent and property damage insurance to the Cash Flow Agent shall each be carried and maintained on the Leased Propertynamed as additional insured or loss payee, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property)applicable, and public liability insurance with respect to all insurance policies relating to the Leased Property Collateral. The ABL Agent shall have the sole and exclusive right, as against the Cash Flow Agent, to adjust settlement of insurance claims in the amounts required by lawevent of any covered loss, but theft or destruction of ABL Priority Collateral. The Cash Flow Agent shall have the sole and exclusive right, as against the ABL Agent, to adjust settlement of insurance claims in no the event of any covered loss, theft or destruction of Cash Flow Priority Collateral. If any insurance claim includes both ABL Priority Collateral and Cash Flow Priority Collateral, the insurer will not settle such claim separately with respect to ABL Priority Collateral and Cash Flow Priority Collateral, and if the Parties are unable after negotiating in good faith to agree on the settlement for such claim, either Party may apply to a policy limit less than $1,000,000 per occurrencecourt of competent jurisdiction to make a determination as to the settlement of such claim, and the court’s determination shall be binding upon the Parties. All proceeds of such insurance shall be written in such formsremitted to the ABL Agent or the Cash Flow Agent, to cover such risksas the case may be, and each of the Cash Flow Agent and ABL Agent shall cooperate (if necessary) in a reasonable manner in effecting the payment of insurance proceeds in accordance with such insurersSection 4.1 hereof. Unless and until the Discharge of Senior Obligations has occurred, the Senior Agents and the Senior Secured Parties shall have the sole and exclusive right, as are customary against any Junior Agent, subject to the rights of the Credit Parties under the Senior Debt Documents, (a) to be named as additional insured and loss payee under any insurance policies maintained from time to time by any Credit Party, (b) to adjust settlement for public entities such as any insurance policy covering the Lessee. A combination Junior Shared Collateral in the event of self- insurance any loss thereunder and policies of insurance may be utilized(c) to approve any award granted in any condemnation or similar proceeding affecting the Junior Shared Collateral. If policies of insurance are obtainedany Junior Agent or any Junior Secured Party shall, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policiesat any time, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance receive any proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the insurance policy or by independent instrument furnished to Bank, any such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term award in contravention of this LeaseAgreement, it shall pay such proceeds over to the Senior Agent in accordance with the terms of Section 4.1.

Insurance. LesseeAt Borrower’s expense, at Bankmaintain insurance respecting each of the Loan Parties’ assets wherever located, covering loss or damage by fire, theft, explosion, and all other hazards and risks as ordinarily are insured against by other Persons engaged in the same or similar businesses. Borrower also shall maintain (with respect to each of the Loan Parties) business interruption, general liability, product liability insurance, director’s optionand officer’s liability insurance, will either self-insurefiduciary liability insurance, or at Lessee’s costand employment practices liability insurance, will cause casualty as well as insurance against larceny, embezzlement, and property damage criminal misappropriation. All such policies of insurance to shall be carried with responsible and maintained on the Leased Property, with all such coverages to be reputable insurance companies and in such amounts sufficient as is carried generally in accordance with sound business practice by companies in similar businesses similarly situated and located and in any event in amount, adequacy and scope reasonably satisfactory to cover the value DIP Lender. All property insurance policies covering the Collateral are to be made payable to DIP Lender for the benefit of the Leased Property at DIP Lender, as their interests may appear, in case of loss, pursuant to a standard loss payable endorsement with a standard non contributory “lender” or “secured party” clause and are to contain such other provisions as the commencement of this Lease (as determined by DIP Lender may reasonably require to fully protect the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property DIP Lender’s interest in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, Collateral and to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank any payments to be a loss payee as its interest made under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon All certificates of property and general liability insurance are to be delivered to the policy or by independent instrument furnished to BankDIP Lender, such insurer will agree that it will give Bank at least thirty with the loss payable (30but only in respect of Collateral) days' and additional insured endorsements in favor of the DIP Lender and shall provide for not less than 30 days (10 days in the case of non-payment) prior written notice prior to cancellation or alteration the DIP Lender of the policyexercise of any right of cancellation. Lessee will carry workers compensation If Borrower fails to maintain such insurance, the DIP Lender may arrange for such insurance, but at Borrower’s sole expense and without any responsibility on the DIP Lender’s part for obtaining the insurance, the solvency of the insurance covering all employees working oncompanies, inthe adequacy of the coverage, or about the Leased Propertycollection of claims. Borrower shall give the DIP Lender prompt notice of any loss covered by its casualty or business interruption insurance. Upon the occurrence and during the continuance of an Event of Default, the DIP Lender shall have the sole right to file claims under any property and general liability insurance policies in respect of the Collateral, to receive, receipt and give acquittance for any payments that may be payable thereunder, and will require to execute any and all endorsements, receipts, releases, assignments, reassignments or other person documents that may be necessary to effect the collection, compromise or entity working on, in, or about the Leased Property to carry settlement of any claims under any such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseinsurance policies.

Insurance. LesseeLessee agrees to obtain and maintain property insurance coverage, at Bank’s optionits own expense, will either self-insure, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Property, with Equipment against all such coverages to be risks in such amounts sufficient to cover an amount not less than the total actual cash value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid thereof in all cases. Lessee shall maintain automobile insurance for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit not less than $1,000,000 per occurrence. All insurance shall be written for bodily injury and property damage, or in such formsother amount(s) as Owner may from time to time require, to cover such risks, and with such insurers, naming the Owner as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public in all instances where an automobile exposure exists (water truck rentals, towing equipment, etc.). Lessee shall also maintain comprehensive general liability insurance in an amount equal to or exceeding the minimum for not less than $1,000,000 combined single limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty coverage for bodily injury and property damage losses willdamage, or in such other amount(s) as Owner may from time to time require. Owner retains the extent permitted by law, be payable right to Bank in an amount equal to approve or disapprove the then outstanding principal insurance carrier and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee form and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration contents of the policy. The insurance shall specify Owner as a named insured, shall be primary, without right of contribution from any other insurance carried by Owner, and shall provide that such insurance may not be cancelled or altered so as to affect the interest of Owner without at least thirty days prior written notice to Owner. All insurance covering loss or damage to the Equipment shall name Owner as sole loss payee. Xxxxxx agrees: (i) to promptly notify Owner of any occurrence that may become the basis of an insurance claim hereunder, and (ii) to not make any adjustments with insurers without Owner's prior written consent. Lessee will carry workers hereby irrevocably appoints Owner as its attorney in fact to receive and endorse all checks and other documents and to take any other actions necessary to pursue insurance claims. At or prior to the delivery of the Equipment Lessee shall deliver to Owner satisfactory evidence of such insurance coverage and shall thereafter deliver to Owner satisfactory evidence of continued coverage however, Owner's failure to insist upon such evidence of insurance of such time shall not relieve Xxxxxx from it's obligations hereunder. Additionally, Lessee shall maintain full worker's compensation insurance coverage in compliance with the applicable statutes and regulations of the jurisdiction(s) in which the Equipment is located. If the Lessee does not have adequate insurance covering all employees working onthe Equipment, inOwner may insure the equipment at Xxxxxx's expense, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property which expense Xxxxxx agrees to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term pay as additional rent immediately upon receipt of this Leaseinvoice.

Insurance. LesseeAt Borrowers’ expense, at Bank’s optionmaintain insurance respecting each of the Loan Parties’ and their Subsidiaries’ assets wherever located, will either self-insurecovering loss or damage by fire, flood, theft, explosion, and all other hazards and risks as ordinarily are insured against by other Persons engaged in the same or at Lessee’s costsimilar businesses. Parent and each Borrower also shall maintain (with respect to each of the Loan Parties and their Subsidiaries) business interruption, will cause casualty public liability, and product liability insurance, as well as insurance against larceny, embezzlement, and property damage criminal misappropriation. All such policies of insurance to shall be carried with responsible and maintained on the Leased Property, with all such coverages to be reputable insurance companies and in such amounts sufficient as is carried generally in accordance with sound business practice by companies in similar businesses similarly situated and located and in any event in amount, adequacy and scope reasonably satisfactory to cover Agent. All property insurance policies covering the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid Collateral are to be made payable to Agent for the Leased Property)benefit of Agent and the Lenders, as their interests may appear, in case of loss, pursuant to a standard loss payable endorsement with a standard non contributory “lender” or “secured party” clause and public liability insurance with respect are to contain such other provisions as Agent may reasonably require to fully protect the Leased Property Lenders’ interest in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrenceCollateral and to any payments to be made under such policies. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination Copies of self- insurance and policies of insurance may be utilized. If policies all certificates of insurance are obtained, Lessee will cause Bank to be a delivered to Agent, with the loss payee as payable and additional insured endorsement in favor of Agent and shall provide for not less than 30 days (10 days in the case of non-payment) prior written notice to Agent of the exercise of any right of cancellation. If Parent or any Borrower fails to maintain such insurance, Agent may arrange for such insurance, but at Borrowers’ expense and without any responsibility on Agent’s part for obtaining the insurance, the solvency of the insurance companies, the adequacy of the coverage, or the collection of claims. Administrative Borrower shall give Agent prompt notice of any loss exceeding $100,000 covered by its interest casualty or business interruption insurance. Upon the occurrence and during the continuance of an Event of Default, Agent shall have the sole right to file claims under this Lease may appear on such property damage any insurance policies, to receive, receipt and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, give acquittance for any payments that may be payable thereunder, and to Bank in an amount equal execute any and all endorsements, receipts, releases, assignments, reassignments or other documents that may be necessary to effect the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage collection, compromise or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration settlement of any claims under any such insurance policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Lease.

Insurance. LesseeThe Borrower shall insure and keep insured, at Bank’s option, will either self-insure, or at Lessee’s cost, will and shall cause casualty insurance each Subsidiary to insure and property damage insurance to be carried and maintained on the Leased Propertykeep insured, with good and responsible insurance companies, all insurable Property owned by it which is of a character usually insured by Persons similarly situated and operating like Properties against loss or damage from such coverages hazards and risks (including flood insurance with respect to be any improvements on real Property consisting of building or parking facilities in an area designated by a governmental body as having special flood hazards), and in such amounts sufficient to cover amounts, as are insured by Persons similarly situated and operating like Properties, but in no event at any time in an amount less than the replacement value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property)Collateral. The Borrower shall also maintain, and public liability shall cause each Subsidiary to maintain, insurance with respect to the Leased Property business of the Borrower and its Subsidiaries, covering commercial general liability, statutory worker’s compensation and occupational disease, statutory structural work act liability, and business interruption and such other risks with good and responsible insurance companies, in the such amounts required by lawand on such terms as Administrative Agent or Required Lenders shall reasonably request, but in no any event with a policy limit less than $1,000,000 per occurrenceas and to the extent usually insured by Persons similarly situated and conducting similar businesses. The Borrower shall in any event maintain insurance on the Collateral to the extent required by the Collateral Documents. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies shall contain satisfactory lender’s loss payable endorsements, naming Administrative Agent for the benefit of insurance are obtained, Lessee will cause Bank to be the Lenders as a loss payee payee, assignee or additional insured, as appropriate, as its interest under this Lease may appear on such property damage insurance policiesappear, and an showing only such other loss payees, assignees and additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal insureds as are satisfactory to or exceeding the minimum limit stated hereinAdministrative Agent. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences Each policy of insurance or selfendorsement shall contain a clause requiring the insurer to give not less than 30 days’ (or 10 days’ in the case of non-insurance satisfactory payment of premium) prior written notice to BankAdministrative Agent in the event of cancellation of the policy for any reason whatsoever and a clause specifying that the interest of Administrative Agent shall not be impaired or invalidated by any act or neglect of the Borrower, together with receipts any of its Subsidiaries, or the owner of the premises or Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. The Borrower shall deliver to Administrative Agent (a) on the applicable premiums before the Leased Property is delivered to Lessee date of this Agreement, and at least thirty such other times as Administrative Agent shall reasonably request, certificates evidencing the maintenance of insurance required hereunder, (30b) days before prior to the expiration termination of any such policies. By endorsement upon , certificates evidencing the policy or renewal thereof, and (c) promptly following request by independent instrument furnished to BankAdministrative Agent, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration copies of all insurance policies of the policyBorrower and its Subsidiaries. Lessee will carry workers compensation The Borrower also agrees to deliver to Administrative Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leasecompanies.

Insurance. LesseeBorrower will, and will cause each of its Subsidiaries to, at BankBorrower’s optionexpense, will either self-insure(a) maintain insurance respecting each of Borrower’s and its Subsidiaries’ assets wherever located, covering liabilities, losses or at Lessee’s costdamages as are customarily are insured against by other Persons engaged in same or similar businesses and similarly situated and located, will cause casualty insurance and property damage insurance (b) with respect to be carried and maintained on the Leased Property, with all such coverages to be Real Property Collateral located in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined any area that has been designated by the purchase price paid for the Leased Property)Federal Emergency Management Agency as a “Special Flood Hazard Area”, and public liability maintain flood insurance with respect to such Real Property Collateral (including any personal property which is located thereon) complying with the Leased Property Flood Disaster Protection Act of 1973, as amended from time to time, in an amount satisfactory to all Lenders and otherwise satisfactory to the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrenceRequired Lenders. All such policies of insurance shall be written with financially sound and reputable insurance companies acceptable to the Required Lenders and in such formsamounts as is carried generally in accordance with sound business practice by companies in similar businesses similarly situated and located and, to cover such risksin any event, in amount, adequacy, and with such insurersscope reasonably satisfactory to the Required Lenders (it being agreed that the amount, as are customary for public entities such as adequacy and scope of the Lessee. A combination of self- insurance and policies of insurance may be utilizedof Borrower in effect as of the Closing Date are acceptable to the Required Lenders as of the Closing Date). If All property insurance policies of insurance covering the Collateral are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be made payable to Bank in an amount equal to Agent for the then outstanding principal and accrued interest components benefit of the Lease Payments at Lender Group, as their interests may appear, in case of loss, pursuant to a standard loss payable endorsement with a standard non-contributory “lender” or “secured party” clause and are to contain such other provisions as the time of such damage or destruction as provided by Section 8.1. Lessee will deliver Required Lenders may reasonably require to Bank fully protect the policies or evidences of insurance or self-insurance satisfactory Lenders’ interest in the Collateral and to Bank, together with receipts for the applicable premiums before the Leased Property is delivered any payments to Lessee and at least thirty (30) days before the expiration of any be made under such policies. By endorsement upon All certificates of property and general liability insurance are to be delivered to Agent, with the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty loss payable (30but only in respect of Collateral) days' and additional insured endorsements in favor of Agent and shall provide for not less than 30 days (10 days in the case of non-payment) prior written notice prior to cancellation or alteration Agent of the policyexercise of any right of cancellation. Lessee will carry workers compensation If Borrower or its Subsidiaries fail to maintain such insurance, the Required Lenders may arrange for such insurance, but at Borrower’s expense and without any responsibility on the Required Lenders’ part for obtaining the insurance, the solvency of the insurance covering all employees working oncompanies, inthe adequacy of the coverage, or about the Leased Propertycollection of claims. Borrower shall give Agent prompt notice of any loss exceeding $250,000 covered by its or its Subsidiaries’ casualty or business interruption insurance. Upon the occurrence and the continuance of an Event of Default, Agent shall have the sole right to file claims under any property and general liability insurance policies in respect of the Collateral, to receive, receipt and give acquittance for any payments that may be payable thereunder, and will require to execute any and all endorsements, receipts, releases, assignments, reassignments or other person documents that may be necessary to effect the collection, compromise or entity working on, in, or about the Leased Property to carry settlement of any claims under any such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseinsurance policies.

Insurance. Lessee(a) Each Grantor will, at Bank’s optionits own expense, will either self-insure, maintain or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Propertymaintained, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written its Equipment and Inventory in such formsamounts, to cover against such risks, in such form and with such insurers, as are shall be customary for public entities such as similar businesses of the Lessee. A combination size and scope of self- insurance and policies of insurance the Borrower on a consolidated basis, provided however that the Grantor may be utilized. If policies of insurance are obtained, Lessee will cause Bank self insure to the extent consistent with prudent business practice to be a loss payee applied in accordance with the Credit Agreement. Each policy of each Grantor for liability insurance shall provide for all losses to be paid on behalf of the Agent and such Grantor as its interest under this Lease their interests may appear on such appear, and each policy for property damage insurance policiesshall provide for all losses, except for losses of less than $12,500,000 per occurrence, to be paid, in accordance with the Lender loss payee provisions which were requested pursuant to clause (iv) below, directly to the Agent. So long as no Event of Default shall have occurred and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2be continuing, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and all property damage losses insurance payments received by the Agent in connection with any loss, damage or destruction of Inventory will be released by the Agent to the applicable Grantor. Each such policy shall in addition (i) name such Grantor and the Agent as insured parties thereunder (without any representation or warranty by or obligation upon the Agent) as their interests may appear, (ii) provide that there shall be no recourse against the Agent for payment of premiums or other amounts with respect thereto, (iii) provide that at least 10 days’ prior written notice of cancellation or of lapse shall be given to the Agent by the insurer and (iv) contain such other customary lender loss payee provisions as the Agent shall reasonably request. Each Grantor will, if so requested by the Agent and to the extent permitted by lawand in accordance with the Orders and without further order from the Bankruptcy Court, be payable to Bank in an amount equal without further order from the Bankruptcy Court, deliver to the then outstanding principal and accrued interest components Agent certificates of insurance evidencing such insurance and, as often as the Agent may reasonably request, a report of a reputable insurance broker or the insurer with respect to such insurance. Further, each Grantor will, at the request of the Lease Payments at Agent and to the time extent permitted by and in accordance with the Orders and without further order from the Bankruptcy Court, without further order from the Bankruptcy Court, duly execute and deliver instruments of assignment of such damage or destruction as provided by insurance policies to comply with the requirements of Section 8.1. Lessee will deliver 1(i) and cause the insurers to Bank the policies or evidences acknowledge notice of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseassignment.

Insurance. LesseeEach Borrower and Guarantor shall at all times, at Bank’s option, will either self-insure, or at Lessee’s cost, will cause casualty insurance maintain with financially sound and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability reputable insurers insurance with respect to the Leased Property Collateral against loss or damage and all other insurance of the kinds and in the amounts required customarily insured against or carried by law, but corporations of established reputation engaged in no event with a policy limit less than $1,000,000 per occurrencethe same or similar businesses and similarly situated. All Said policies of insurance shall be written in reasonably satisfactory to Agent as to form, amount and insurer. Borrowers and Guarantors shall furnish certificates, and certified copies of policies or endorsements to Agent as Agent shall reasonably require as proof of such formsinsurance, and, if any Borrower or Guarantor fails to do so, Agent is authorized, but not required, to cover obtain such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time expense of such damage or destruction as provided by Section 8.1Borrowers. Lessee will deliver to Bank the All policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts shall provide for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration prior written notice to Agent of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration reduction of coverage and that Agent may act as attorney for each Borrower and Guarantor in obtaining, and at any time an Event of Default exists or has occurred and is continuing, adjusting, settling, amending and canceling such insurance. Borrowers and Guarantors shall cause Agent to be named as a loss payee and an additional insured (but without any liability for any premiums) under such insurance policies and Borrowers and Guarantors shall obtain non-contributory lender’s loss payable endorsements to all insurance policies in form and substance satisfactory to Agent. Such lender’s loss payable endorsements shall specify that the proceeds of such insurance shall be, subject to the provisions of the policy. Lessee will carry workers compensation insurance covering all employees working onIntercreditor Agreement, inpayable to Agent as its interests may appear and further specify that Agent and Lenders shall be paid regardless of any act or omission by any Borrower, Guarantor or about the Leased Property, and will require any other person of its or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leasetheir Affiliates.

Insurance. LesseeAt Borrower’s expense, at Bank’s optionmaintain insurance respecting each of the Loan Parties’ and their Subsidiaries’ assets wherever located, will either self-insurecovering loss or damage by fire, theft, explosion, and all other hazards and risks as ordinarily are insured against by other Persons engaged in the same or at Lessee’s cost, will cause casualty similar businesses. All such policies of insurance shall be with responsible and property damage reputable insurance companies reasonably acceptable to be carried the Required Lenders and maintained on the Leased Property, with all such coverages to be in such amounts sufficient as is carried generally in accordance with sound business practice by companies in similar businesses similarly situated and located and in any event in amount, adequacy and scope reasonably satisfactory to cover the value Required Lenders (it being agreed that the amount, adequacy and scope of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance of Borrower in effect as of the date hereof are acceptable to the Required Lenders). All property insurance policies covering the Collateral are to be made payable to Agent for the benefit of Agent and the Lenders, as their interests may appear, in case of loss, pursuant to a standard loss payable endorsement with a standard noncontributory “lender” or “secured party” clause and are to contain such other provisions as Agent may reasonably require to fully protect the Lenders’ interest in the Collateral and to any payments to be made under such policies. All certificates of property and general liability insurance of the Loan Parties are to be delivered to Agent, with the loss payable (but only in respect of Collateral) and additional insured endorsements in favor of Agent and Borrower shall use commercially reasonable efforts to cause such endorsement to provide for not less than 30 days (10 days in the case of non-payment) prior written notice to Agent of the exercise of any right of cancellation. In the event that such endorsements do not include such 30 days (10 days in the case of non-payment) prior written notice, Borrower shall promptly notify Agent in the event that it receives any notice of cancellation to any Loan Parties’ property or liability insurance. If Borrower fails to maintain such insurance, subject to the Intercreditor Agreements, after reasonable consultation with Borrower, Agent may arrange for such insurance, but at Borrower’s expense and without any responsibility on Agent’s part for obtaining the insurance, the solvency of the insurance companies, the adequacy of the coverage, or the collection of claims. Borrower shall give Agent prompt notice of any loss exceeding $1,000,000 covered by its casualty or business interruption insurance. Upon the occurrence and during the continuance of an Event of Default, subject to the Intercreditor Agreements, Agent shall have the first right to file claims under any property and general liability insurance policies in respect of the Collateral, to receive, receipt and give acquittance for any payments that may be utilized. If policies payable thereunder, and to execute any and all endorsements, receipts, releases, assignments, reassignments or other documents that may be necessary to effect the collection, compromise or settlement of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest any claims under this Lease may appear on any such property damage insurance policies. Notwithstanding anything in this Section 5.6, the Loan Parties and an additional insured their Subsidiaries shall be permitted to self-insure on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding consistent with commercially reasonable business practices. The parties hereby acknowledge that the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from Loan Parties’ self-insurance practices in effect on the date hereof are commercially reasonable business practices as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term date of this LeaseAgreement.

Insurance. LesseeEach Borrower and Guarantor shall, and shall cause any Subsidiary to, at Bank’s optionall times, will either self-insure, or at Lessee’s cost, will cause casualty insurance maintain with financially sound and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability reputable insurers insurance with respect to the Leased Property Collateral against loss or damage and all other insurance of the kinds and in the amounts required customarily insured against or carried by law, but corporations of established reputation engaged in no event with a policy limit less than $1,000,000 per occurrencethe same or similar businesses and similarly situated. All Such policies of insurance shall be written in such formsreasonably satisfactory to Agent as to form, to cover such risks, amount and with such insurers, as are customary for public entities such as insurer. Agent and Lenders acknowledge that the Lessee. A combination of self- insurance and policies of insurance may be utilizedmaintained by Borrowers and Guarantors as disclosed to Agent are satisfactory as of the date hereof based on the circumstances of Borrowers and Guarantors as of the date hereof. If such policies of are cancelled or expire, Borrowers and Guarantors may obtain new policies from different insurance companies so long as such policies and insurance company are obtained, Lessee will cause Bank comparable to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies and insurance company existing on the date hereof regarding form, amount and insurer. Borrowers shall furnish certificates, policies or budgeted amounts from self-insurance endorsements to Agent as relating Agent shall reasonably require as proof of such insurance, and, if any Borrower fails to casualty and property damage losses willdo so, Agent is authorized, but not required after notice to Huffy, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments obtain such insurance at the time expense of such damage or destruction as provided by Section 8.1Borrowers. Lessee will deliver to Bank the All policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts shall provide for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration prior written notice to Agent of any such policies. By endorsement upon cancellation or reduction of coverage (other than as a result of the policy or by independent instrument furnished failure to Bankpay premiums, such insurer will agree that it will give Bank at least thirty and ten (3010) days' days prior written notice prior to Agent of any cancellation or alteration reduction of coverage as the result of the policy. Lessee will carry workers compensation insurance covering all employees working onfailure to pay premiums) and that Agent may act as attorney for each Borrower, in, Guarantors or about the Leased Propertysuch Subsidiary in obtaining, and will require at any other person time an Event of Default exists or entity working onhas occurred and is continuing, inadjusting, settling, amending and canceling such insurance. Borrowers and Guarantors shall cause Agent to be named as a loss payee and an additional insured (but without any liability for any premiums) under such insurance policies and Borrowers and Guarantor shall obtain non-contributory lender's loss payable endorsements to all insurance policies in form and substance satisfactory to Agent. Such lender's loss payable endorsements shall specify that the proceeds of such insurance shall be payable to Agent, for the benefit of Lenders, as its interests may appear and further specify that Agent shall be paid regardless of any act or about omission by any Borrower, Guarantor or any of its Affiliates. At its option, Agent may apply any insurance proceeds received by Agent at any time to the Leased Property cost of repairs or replacement of Collateral and/or to carry payment of the Obligations, whether or not then due, in any order and in such coverage, and will furnish to Bank certificates evidencing manner as Agent may determine or hold such coverages throughout proceeds as cash collateral for the Term of this LeaseObligations.

Insurance. LesseeCompany will maintain or cause to be maintained, at Bank’s optionwith financially sound and reputable insurers, will either self-insure(i) business interruption insurance reasonably satisfactory to Administrative Agent, or at Lessee’s costand (ii) casualty insurance, will cause casualty insurance and such public liability insurance, third party property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to liabilities, losses or damage in respect of the Leased Property assets, properties and businesses of Company and its Restricted Subsidiaries as are customarily carried or maintained under similar circumstances by Persons of established reputation of similar size and engaged in similar businesses, in each case in such amounts (giving effect to self insurance which comports with the amounts required by lawrequirements of this Section 5.5 and provided that adequate reserves therefor are maintained in accordance with GAAP), but in no event with a policy limit less than $1,000,000 per occurrence. All insurance such deductibles, covering such risks and otherwise on such terms and conditions as shall be written customary for such Persons. Without limiting the generality of the foregoing, Company will maintain or cause to be maintained replacement value casualty insurance on the Collateral under such policies of insurance, with such insurance companies, in such formsamounts, to cover with such risksdeductibles, and with covering such insurers, risks as are customary for public entities such as the Lesseeat all times carried or maintained under similar circumstances by Persons of established reputation of similar size and engaged in similar businesses. A combination of self- insurance and Company shall use commercially reasonable efforts to cause (and, with respect to policies of insurance may be utilized. If policies carried by the Company and its Restricted Subsidiaries relating to aircraft not subject to a lease, shall cause by no later than August 13, 2009 (or such later date as agreed in writing by the Lenders Steering Committee)) each such policy of insurance are obtainedcarried by the Company and its Restricted Subsidiaries to: (i) name Collateral Agent, Lessee will cause Bank to be a loss payee on behalf of Lenders as its interest under this Lease may appear on such property damage insurance policies, and an additional insured thereunder as its interests may appear, and (ii) in the case of each casualty insurance policy, contain a loss payable clause or endorsement, satisfactory in form and substance to Collateral Agent, that names Collateral Agent, on a primary behalf of Secured Parties, as the loss payee thereunder and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts provides for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' ’ prior written notice prior to Collateral Agent of any modification or cancellation of such policy and that no act or alteration default of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, Company or about the Leased Property, and will require any other person Person shall affect the right of Collateral Agent to recover under such policy or entity working on, in, policies in case of loss or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leasedamage.

Insurance. LesseeWith respect to the Collateral and other assets, Borrower shall maintain insurance at Bank’s option, will either self-insure, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Propertyall times, with financially sound and reputable insurers that are reasonably acceptable to Collateral Agent. With respect to insurance on all Collateral, all such coverages to insurance policies shall be in such form, substance, amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (and coverage as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts Collateral Agent and Lenders and shall provide for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' ’ prior written notice prior to Collateral Agent and Lenders of any reduction or cancellation of coverage on account of default in the payment of any premium and shall provide Lenders with the opportunity to cure nonpayment. Borrower hereby irrevocably appoints Collateral Agent with full right of delegation by Collateral Agent as attorney-in-fact for Borrower and each of them to obtain, at Borrower’s expense, any such insurance should Borrower fail to do so and, after an Event of Default, to adjust or alteration settle any claim or other matter under or arising pursuant to such insurance or to amend or cancel such insurance. Borrower shall deliver to Collateral Agent and Lenders evidence of such insurance and a lender’s loss payable endorsement satisfactory to Collateral Agent and Lenders as to all existing and future insurance policies with respect to the Collateral. Borrower shall deliver to Collateral Agent, in kind, all instruments representing proceeds of insurance received by Borrower. Except as otherwise specifically provided in the Mortgage as to any Pool Vessel or Acquired Vessel, Collateral Agent may apply any insurance proceeds received at any time to the cost of repairs to or replacement of any portion of the policyCollateral and/or, at Administrative Agent’s option, to payment of or as security for any of the Obligations, whether or not due, in any order or manner as Collateral Agent may determine. Lessee Borrower will carry workers compensation insurance covering all employees working oninsure each Pool Vessel and Acquired Vessel in accordance with Section 1.18 of the Mortgage. Nothing in this Agreement shall be construed to limit or restrict the provisions of Section 1.18 of the Mortgage, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leasebut shall be in addition thereto.

Insurance. LesseeTenant at its expense at all times during the term of this lease shall provide end maintain with respect to the demised premises comprehensive general public liability insurance on an occurrence basis in form customarily written for protection of tenants and owners. Such comprehensive insurance shall protect and be written to show Tenant and Owner as the named insureds and shall provide coverage of at least One Million Dollars ($1,000,000), at Bank’s optionsingle limit, will either self-insurefor injuries to any one person, for injuries to persons in any one occurrence and for damage to property. Such minimums of insurance coverage shall not limit Tenant's liability under Section 7 hereinabove. The Tenant shall provide Owner with current certificates or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Property, with duplicate policies of all such coverages insurance required of Tenant, which certificates or policies shall include provisions that the coverage cannot be amended or cancelled without the giving of ten (10) days' prior written notice to the Owner. All property kept, stored or maintained in the demised premises shall be in such amounts sufficient to cover so kept, stored or maintained at the value rink of the Leased Property Tenant only. Owner at all times during the commencement term of this Lease lease shall secure (as determined by the purchase price paid for the Leased Property), and a) comprehensive general public liability insurance with respect to the Leased Property in parking area and other common facilities of the amounts required by law, but in no event with a policy limit development providing coverage of not less than One Million Dollars ($1,000,000 per occurrencel,000,000), single limit, for injuries to any one person, for injuries to persons in any one occurrence and for damage to property, b) casualty insurance with respect to the demised premises providing coverage against fire, vandalism, malicious mischief and such other perils as are from time to time included in a standard extended coverage endorsement, or such broader form of coverage as Owner may select, insuring the insurable building improvements and including sprinkler leakage insurance, if applicable, and loss of rents insurance; and (c) such other insurance as Owner shall deem prudent with respect to the development. All Owner shall not be liable for nor responsible to insure the fixtures, inventories, equipment or any other property of Tenant or any other occupant of the development. If the demised premises become untenantable because of fire or other casualty insurable under standard fire and extended coverage insurance required to be maintained by Owner or Tenant, the same shall be written repaired as speedily as possible in accordance with the respective covenants to insure provided, however, if more than fifty percent (50%) of the floor area of the development becomes untenantable because of such formsfire or other casualty or if less than five (5) years of the original term of this lease remain from the date of such flee or other casualty, the Owner may, if it so elects, give notice to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilizedTenant in writing terminating this lease. If policies the demised premises become untenantable because of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such any damage or destruction as provided by Section 8.1not insurable under standard fire and extended coverage insurance, the Owner may, if it so elects, give notice to Tenant in writing terminating this lease. Lessee will deliver to Bank Rent shall be abated during the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration period of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseuntenantability.

Insurance. LesseeAt Borrower’s expense, at BankBorrower shall maintain insurance respecting Borrower’s optionand its Subsidiaries’ assets wherever located, will either self-insurecovering loss or damage by fire, theft, explosion, and all other hazards and risks as ordinarily are insured against by other Persons engaged in the same or at Lessee’s costsimilar businesses. Borrower also shall maintain (with respect to itself and its Subsidiaries) business interruption, will cause casualty public liability, and product liability insurance, as well as insurance against larceny, embezzlement, and property damage criminal misappropriation. All such policies of insurance to shall be carried with responsible and maintained on the Leased Property, with all such coverages to be reputable and financially sound insurance companies and in such amounts sufficient as is carried generally in accordance with sound business practice by companies in similar businesses similarly situated and located and in any event in amount, adequacy and scope reasonably satisfactory to cover Agent. Borrower shall name the value of Agent as an “additional insured” under the Leased Property at Borrower’s general liability and pollution liability policies. All property insurance policies covering the commencement of this Lease (as determined by the purchase price paid Collateral are to be made payable to Agent for the Leased Property)benefit of Agent and the Lenders, as their interests may appear, in case of loss, pursuant to a standard loss payable endorsement with a standard non contributory “lender” or “secured party” clause and public liability insurance with respect are to contain such other provisions as Agent may reasonably require to fully protect the Leased Property Lenders’ interest in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrenceCollateral and to any payments to be made under such policies. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies certificates of insurance are obtained, Lessee will cause Bank to be a delivered to Agent, with the loss payee as payable and additional insured endorsement in favor of Agent and shall provide for not less than 30 days (10 days in the case of non-payment) prior written notice to Agent of the exercise of any right of cancellation. If Borrower fails to maintain such insurance, Agent may arrange for such insurance, but at Borrower’s expense and without any responsibility on Agent’s part for obtaining the insurance, the solvency of the insurance companies, the adequacy of the coverage, or the collection of claims, and will endeavor to give prompt notice to Borrower if it has done so. Borrower shall give Agent prompt notice of any loss exceeding $100,000 covered by any of its interest insurance policies. Upon the occurrence and during the continuance of an Event of Default, (i) Agent shall have the sole right to file claims under this Lease any insurance policies, to receive, receipt and give acquittance for any payments that may appear on be payable thereunder, and to execute any and all endorsements, receipts, releases, assignments, reassignments or other documents that may be necessary to effect the collection, compromise or settlement of any claims under any such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability (ii) any monies received as payment for any loss under any insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, policy shall first be applied to the extent permitted by lawpayment in full of the Obligations, be payable with any remaining monies remitted to Bank in an amount equal Borrower for application to the then outstanding principal and accrued interest components costs of repair, replacement or restoration of the Lease Payments at property that is the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration subject of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseloss.

Insurance. LesseeEach Borrower and Guarantor shall, and shall cause any Subsidiary to, at Bank’s optionall times, will either self-insure, or at Lessee’s cost, will cause casualty insurance maintain with financially sound and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability reputable insurers insurance with respect to the Leased Property Collateral against loss or damage and all other insurance of the kinds and in the amounts required customarily insured against or carried by law, but corporations of established reputation engaged in no event with a policy limit less than $1,000,000 per occurrencethe same or similar businesses and similarly situated. All Said policies of insurance shall be written in reasonably satisfactory to Agent as to form, amount and insurer. Borrowers and Guarantors shall furnish certificates, policies or endorsements to Agent as Agent shall reasonably require as proof of such formsinsurance, and, if any Borrower or Guarantor fails to do so, Agent is authorized, but not required, to cover obtain such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time expense of such damage or destruction as provided by Section 8.1Borrowers. Lessee will deliver to Bank the All policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts shall provide for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration prior written notice to Agent of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration reduction of coverage and that Agent may act as attorney for each Borrower and Guarantor in obtaining, and at any time an Event of Default exists or has occurred and is continuing, adjusting, settling, amending and canceling such insurance. Borrowers and Guarantors shall cause Agent to be named as a loss payee and an additional insured (but without any liability for any premiums) under such insurance policies and Borrowers and Guarantors shall obtain non-contributory lender’s loss payable endorsements to all insurance policies in form and substance satisfactory to Agent. Such lender’s loss payable endorsements shall specify that the proceeds of such insurance shall be payable to Agent as its interests may appear and further specify that Agent and Lenders shall be paid regardless of any act or omission by any Borrower, Guarantor or any of its or their Affiliates. Without limiting any other rights of Agent or Lenders, any insurance proceeds received by Agent at any time may be applied to payment of the policyObligations, whether or not then due, in any order and in such manner as Agent and Required Lenders may determine. Lessee will carry workers compensation Upon application of such proceeds to the Loans, Loans may be available subject and pursuant to the terms hereof to be used for the costs of repair or replacement of the Collateral lost or damages resulting in the payment of such insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseproceeds.

Insurance. LesseeAt such time as any product, process, service relating to, or developed pursuant to, this Agreement is being commercially distributed or sold (other than for the purpose of obtaining regulatory approvals) by PhytoMedical or by a Sublicensee, Subsidiary or agent of PhytoMedical, PhytoMedical, Sublicensee, Subsidiary or agent of PhytoMedical shall at Bank’s optionits sole cost and expense, will either procure and maintain comprehensive general liability insurance in amounts not less than $2,000,000 per incident and naming the Indemnitees as additional insureds. Such comprehensive general liability insurance shall provide (i) product liability coverage and (ii) broad form contractual liability coverage for PhytoMedical's indemnification under this Agreement. If PhytoMedical elects to self-insure, insure all or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value part of the Leased Property at limits described above (including deductibles or retentions which are in excess of $250,000 annual aggregate) such self-insurance program must be acceptable to Dartmouth and Dartmouth Risk Manager. Such insurance will be considered primary as to any other valid and collectible insurance, but only as to acts of the commencement named insured. The minimum amounts of this Lease (as determined by the purchase price paid for the Leased Property), and public insurance coverage required shall not be construed to create a limit of PhytoMedical's liability insurance with respect to its indemnification under this Agreement. PhytoMedical shall provide Dartmouth with written evidence of such insurance upon request of Dartmouth. PhytoMedical shall provide Dartmouth with written notice at least fifteen (15) days prior to the Leased Property cancellation, non-renewal or material change in such insurance; if PhytoMedical does not obtain replacement insurance providing comparable coverage within such fifteen (15) day period, Dartmouth shall have the amounts required right to terminate this Agreement effective at the end of such fifteen (15) day period without notice or any additional waiting periods. PhytoMedical, Sublicensee, Subsidiary or agent of PhytoMedical shall maintain such comprehensive general liability insurance beyond the expiration or termination of this Agreement during (I) the period that any product, process, or service, relating to, or developed pursuant to, this Agreement is being commercially distributed or sold by lawPhytoMedical or by a sublicensee, but Subsidiary or agent of PhytoMedical and (ii) a reasonable period after the period referred to in (i) above which in no event with a policy limit shall be less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty fifteen (3015) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseyears.

Insurance. Lessee(a) Each Loan Party shall, at Bank’s optionits sole cost and expense, will either self-insure, maintain or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on maintained, the Leased Property, with all such coverages to be policies of insurance in such amounts sufficient to cover the and as otherwise described in ANNEX E and with insurers recognized as adequate by Agent. Borrower shall notify Agent promptly of any occurrence causing a material loss or decline in value of any real or personal property and the Leased Property at estimated (or actual, if available) amount of such loss or decline, except as specified otherwise in ANNEX E. Each Loan Party hereby directs all present and future insurers under its "All Risk" policies of insurance to pay all proceeds payable thereunder directly to Agent, other than proceeds relating to the commencement loss or damage to property which secures Indebtedness permitted under clause (c) of this Lease (as determined SECTION 6.3 which is required by the purchase price terms of such Indebtedness to be paid to the holder thereof ("EXCLUDED PROCEEDS"). Each Loan Party irrevocably makes, constitutes and appoints Agent (and all officers, employees or agents designated by Agent) as its true and lawful agent and attorney in-fact for the Leased Propertypurpose of, upon the occurrence and during the continuance of a Default, making, settling and adjusting claims under the "All Risk" policies of insurance, endorsing the name of such Person on any check, draft, instrument or other item of payment for the proceeds of such "All Risk" policies of insurance (other than excluded proceeds), and public liability insurance for making all determinations and decisions with respect to such "All Risk" policies of insurance. In the Leased Property in event any Loan Party at any time or times hereafter shall fail to obtain or maintain (or fail to cause to be obtained or maintained) any of the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance required above or to pay any premium in whole or in part relating thereto, Agent, without waiving or releasing any Obligations or Default hereunder, may at any time or times thereafter (but shall not be utilized. If obligated to) obtain and maintain such policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on and pay such property damage insurance policies, premium and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require take any other person or entity working onaction with respect thereto which Agent deems advisable. All sums so disbursed, inincluding reasonable attorneys' fees, or about court costs and other charges related thereto, shall be payable, on demand, by Borrower to Agent and shall be additional Obligations hereunder secured by the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this LeaseCollateral.

Insurance. LesseeLandlord shall maintain and keep in effect throughout the term of this Lease a liability insurance policy with a minimum combined single limit of not less than One Million and no/100 ($1,000,000.00) Dollars for personal injury and property damage, and shall purchase casualty insurance for not less than the full replacement cost of the Premises other than the Tenant's interior finish improvements. Such casualty policy shall satisfy all coinsurance requirements of the policy and may contain a commercially reasonable deductible and shall be included in Landlord's policy for the Building. Tenant, at Bank’s optionTenant's sole cost and expense, will either self-insure, or at Lessee’s cost, will cause casualty insurance shall maintain and property damage insurance to be carried and maintained on keep in effect throughout the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement term of this Lease (1) a premises general liability insurance policy with a minimum combined single limit of not less than One Million and no/100 ($1,000,000.00) Dollars, for personal injury and property damage, and (2) broad form casualty insurance for the full replacement cost of Tenant's interior finish improvements. In the event of an insured casualty loss of the Building, at Landlord's option, this Lease shall be terminated in its entirety. In the event of a casualty loss of less than all of the Building, the insurance proceeds shall be applied at Landlord's option to repair or replace the damage and, if applicable, in accordance with the provisions of Landlord's financing documents to which this Lease is subordinate. The aforementioned policies of insurance shall name as determined the insured Landlord and Tenant as their interests may appear, and shall contain standard mortgagee endorsements for any holders of mortgage(s) on the Premises. In the event of a loss due to any casualty or peril for which Landlord or Tenant has agreed to provide insurance, each party shall look solely to its insurance (including policies maintained by the purchase price paid other party where the damaged party is named as the additional insured) for recovery. To the Leased Property)extent permissible by their insurers, Landlord and public liability Tenant hereby grant to each other, on behalf of an insurer providing insurance to either of them with respect to the Leased Property in Premises, the amounts required improvements thereon and the equipment, a waiver of any right of subrogation which any insurer of one party may acquire against the other by law, but in no event with a policy limit less than $1,000,000 per occurrencevirtue of the payment of any loss under such insurance. All insurance shall be written in Landlord and Tenant agree to furnish each other suitable evidence by certificate or copies of such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from selfindicating that such insurance is in force and includes, if available, the above-insurance as relating to casualty described waiver of subrogation and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseclauses.

Insurance. Lessee, Lessee at Bank’s option, will either self-insure, its sole expense shall at all times keep --------- each item of Equipment insured against all risks of loss or damage from every cause whatsoever for an amount not less than the full replacement value of such item of Equipment. Lessee at Lessee’s cost, will cause casualty insurance its sole expense shall at all times carry public liability and property damage insurance in amounts reasonably satisfactory to Lessor protecting Lessee and Lessor from liabilities for injuries to persons and damage to property of others relating in any way to the Equipment. All insurers shall be carried reasonably satisfactory to Lessor. Lessee shall deliver to Lessor satisfactory evidence of such coverage. Proceeds of any insurance covering damage or loss of the Equipment shall be payable to Lessor as loss payee and shall, at Lessor's option, be applied toward (a) the replacement, restoration or repair of the Equipment, or (b) payment of the obligations of Lessee under the Lease. If the User Lessee's insurance permits the User Lessee to replace the equipment with the insurance proceeds, then Lessor shall be obligated to allow the replacement or repair of the equipment with such insurance proceeds. Proceeds of any public liability or property insurance shall be payable first to Lessor as additional insured to the extent of its liability, then to Lessee. If an event of default occurs and is continuing, or if Lessee fails to make timely payments due under Section 2 hereof, then Lessee automatically appoints Lessor as Lessee's attorney-in-fact with full power and authority in the place of Lessee and in the name of Lessee or Lessor to make claim for, receive payment of, and sign and endorse all documents, checks or drafts for loss or damage under any such policy. Each insurance policy will require that the insurer give Lessor at least 30 days prior written notice of any cancellation of such policy and will require that Lessor's interests remain insured regardless of any act, error, omission, neglect or misrepresentation of Lessee. The insurance maintained on by Lessee shall be primary without any right of contribution from insurance which may be maintained by Lessor. Lessor agrees that Lessee's obligations under this paragraph (d) of Section 8 shall be deemed satisfied with respect to any unit of Equipment subject to a User Lease or sublease permitted under Section 14 hereof which provides for the Leased Property, with all such coverages User Lessee or sublessee or any other party thereunder to be insure the Equipment in a manner and in such amounts sufficient to cover the value as comply with Lessee's responsibilities set forth in this subparagraph and if Lessee provides Lessor with an assignment of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability said insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance reasonably satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this LeaseLessor.

Insurance. Lessee(a) Each Credit Party shall, at Bank’s optionand shall cause each of its Subsidiaries to, will either self-insure, (i) maintain or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried maintained in full force and maintained on the Leased Property, with effect all such coverages to be in such amounts sufficient to cover the value policies of the Leased Property at the commencement insurance of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance any kind with respect to the Leased Property property and businesses of the Credit Parties and such Subsidiaries (including policies of life, fire, theft, product liability, public liability, Flood Insurance, property damage, other casualty, employee fidelity, workers’ compensation, business interruption and employee health and welfare insurance) with financially sound and reputable insurance companies or associations (in each case that are not Affiliates of the amounts required Borrower) of a nature and providing such coverage as is sufficient and as is customarily carried by lawbusinesses of the size and character of the business of the Credit Parties and (ii) cause all such insurance relating to any property or business of any Credit Party to name Agent as additional insured or loss payee, but in no event with a policy limit less than $1,000,000 per occurrenceas appropriate. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilizedon real and personal property of the Credit Parties will contain an endorsement, in form and substance reasonably acceptable to Agent, showing loss payable to Agent (Form CP 1218 or equivalent) and extra expense and business interruption endorsements. If policies of insurance are obtained, Lessee will cause Bank Unless otherwise agreed to by Agent (such agreement not to be a loss payee as its interest under this Lease may appear on unreasonably withheld or delayed), with respect to such property damage insurance policiesendorsement, and or an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to BankAgent, such insurer the Credit Parties will agree that it will use commercially reasonable efforts to cause insurers to give Bank Agent at least thirty (30) days' ’ prior written notice prior to cancellation before any such policy or alteration policies of insurance shall be altered or canceled and that no act or default of the policyCredit Parties or any other Person shall affect the right of Agent to recover under such policy or policies of insurance in case of loss or damage. Lessee will carry workers compensation Each Credit Party shall direct all present and future insurers under its “All Risk” policies of property insurance covering to pay all employees working onproceeds payable thereunder directly to Agent (and Agent agrees that, inif no Event of Default shall have then occurred and be continuing, it shall provide any necessary endorsement to any check or other instrument representing payment of insurance proceeds such that the Borrower may reinvest the proceeds thereof). If any insurance proceeds are paid by check, draft or other instrument payable to any Credit Party and Agent jointly, Agent may endorse such Credit Party’s name thereon and do such other things as Agent may deem advisable to reduce the same to cash (and Agent agrees that, if no Event of Default shall have then occurred and be continuing, it shall provide any necessary endorsement to any check or other instrument representing payment of insurance proceeds such that Borrower may reinvest the proceeds thereof). Agent reserves the right at any time, upon review of each Credit Party’s risk profile, to require additional forms and limits of insurance. Notwithstanding the requirement in subsection (i) above, Federal Flood Insurance shall not be required for (x) Real Estate not located in a Special Flood Hazard Area, or about (y) Real Estate located in a Special Flood Hazard Area in a community that does not participate in the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this LeaseNational Flood Insurance Program.

Insurance. LesseeTenant shall procure at its expense and maintain throughout the Lease Term a policy or policies of special form/all-risk insurance insuring the full replacement cost of its furniture, fixtures, equipment, supplies, and other property owned, leased, held or possessed by it and contained in the Demised Premises (subject to a commercially reasonable deductible) together with the excess value of the improvements to the Demised Premises over the Construction Allowance (with a replacement cost endorsement) and worker's compensation insurance as required by applicable law. Tenant shall also procure at Bank’s optionits expense and maintain throughout the Lease Term a policy or policies of commercial general liability insurance, will either self-insureinsuring Tenant, against risks typically covered by a standard commercial general liability policy covering Tenants, the limits of such policy or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages policies to be in such combined single limits for both damage to property and personal injury and in amounts sufficient not less than Three Million Dollars ($3,000,000) for each occurrence. Such insurance shall, in addition, extend to cover the value any liability of Tenant arising out of the Leased Property at indemnities provided for in this Lease. Tenant shall also carry such other types of insurance in form and amount which Landlord shall reasonably deem to be prudent for Tenant to carry, should the commencement circumstances or conditions so merit Tenant carrying such type of this Lease (as determined by the purchase price paid for the Leased Property)insurance, provided that such insurance is consistently and public liability insurance with respect to the Leased Property customarily required of tenants in other first class office buildings in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrenceBuckhead Area and is available at commercially reasonable rates. All insurance policies procured and maintained by Tenant pursuant to this Article 17 shall name Landlord, any mortgagee, Landlord's property management company and the asset management company for the Project (if any), as additional insureds, shall be written carried with companies licensed to do business in such forms, to cover such risksthe State of Georgia having a rating from Best's Insurance Reports of not less than A-/VIII, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance shall be non-cancelable and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank not subject to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for material change except after the applicable premiums before the Leased Property is delivered insurance company endeavoring to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice to Landlord. Such policies or duly executed certificates of insurance with respect thereto, accompanied by proof of payment of the premium therefor, shall be delivered to Landlord prior to cancellation the Rental Commencement Date, and renewals of such policies shall be delivered to Landlord at least thirty (30) days prior to the expiration of each respective policy term. Landlord shall procure and maintain at its expense (but with the expense to be included in Operating Expenses) throughout the Lease Term a policy or alteration policies of special form/all-risk (including rent loss coverage) real and personal property insurance covering the Project (including the leasehold improvements in the Demised Premises up to the amount of the Construction Allowance, but excluding Tenant's personal property and equipment), in an amount equal to the full insurable replacement cost thereof as such may increase from time to time (but such insurance may provide for a commercially reasonable deductible), and in an amount sufficient to comply with any co-insurance requirements in such policy, and a policy of workers' compensation insurance, if any, as required by applicable law. Lessee will In addition, Landlord shall procure and maintain at its expense (but with the expense to be included in Operating Expenses) and shall thereafter maintain throughout the Lease Term, a commercial general liability insurance policy covering the Project with combined single limits for both damage to property and personal injury of not less than Three Million Dollars ($3,000,000) per occurrence, subject to annual aggregate limits of not less than Five Million Dollars ($5,000,000). Landlord may also carry workers compensation such other types of insurance covering all employees working onin form and amounts which Landlord shall determine to be appropriate from time to time, inand coverages with limits in excess of the limits expressly set forth in this Article, and the cost thereof shall be included in Operating Expenses, if such insurance or coverage is (i) required by a mortgagee, or about (ii) typically carried by owners of first-class buildings in the Leased PropertyBuckhead Area. All such policies procured and maintained by Landlord pursuant to this Article 17 shall be carried with companies licensed to do business in the State of Georgia, and will require having a rating from Best's Insurance Reports as not less than A-/VIII. Any insurance required to be carried by Landlord hereunder may be carried under blanket policies covering other properties of Landlord and/or its partners and/or their respective related or affiliated corporations so long as such blanket policies provide insurance at all times for the Project as required by this Lease. The commercial general liability insurance required to be maintained by Landlord hereunder shall, to the extent available under a standard commercial general liability policy, extend to any other person or entity working on, in, or about liability of Landlord arising out of the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of indemnities provided for in this Lease.

Insurance. LesseeXxxxxx Xxxxxx and Associates, at Bank’s optionA Licensed Clinical Social Worker Corp. DBA Small Town Counseling CA, Inc. is primarily an out-of-network provider. Depending on your current health insurance provider or employee benefit plan, it may be possible to seek full or partial reimbursement for the cost of the session(s). Receipts for services are available upon request and may be used to seek reimbursement from your insurance. Should we bill your insurance or third party directly, please be aware the amount of reimbursement and the amount of any co-payments or deductible depends on the requirements of your specific insurance plan. You should be aware that insurance plans generally limit coverage to certain diagnosable mental conditions. You should also be aware that you are responsible for verifying and understanding the limits of your insurance coverage. Should your services not be covered by insurance, you will either selfbe responsible for all monies owed. Appointment Scheduling and Cancellation Policy Your consistent attendance greatly contributes to a successful outcome. We request a 24-insurehour notification when cancelling of rescheduling any scheduled appointment. Any late cancelations (less than 24-hour notice) and/or “no-shows” will result in full fee charged, as stated above. If participation in services is inconsistent or if contact is not maintained, services may be terminated. If you miss more than one appointment without notice, services will be terminated. *Sessions are typically scheduled to occur once per week. Your therapist may suggest decrease/increase in frequency depending on the nature and severity of your concerns. INITIAL Patient Litigation Your therapist will not voluntarily participate in any litigation, or at Lesseecustody dispute in which Client, or Representative, and another individual, or entity are parties. Therapist has a policy of not communicating with representative’s costattorney and will generally not write or sign letter, will cause casualty insurance and property damage insurance reports, declarations, or affidavits to be carried and maintained on the Leased Propertyused in client’s or representative’s legal matters. Therapist will generally not provide records or testimony, with all unless compelled to do so. Should therapist be subpoenaed, or ordered by a Court of law, to appear as a witness in an action involving Client, Representative’s agreed to reimburse Therapist for any time spent for preparation, travel, or other time in which therapist has made his/herself available for such coverages appearances at Therapist’s hourly rate as outlined in this document. In addition, Therapist will not make any recommendation as to custody or visitation regarding Client. Therapist will make efforts to be uninvolved in such amounts sufficient any custody dispute. Notice of Privacy Practices and Confidentiality All communication between you and your therapist will be held in strict confidence unless you provide written permission to cover release information about your treatment. If you participate in marital or family therapy, your therapist will not disclose confidential information about your treatment unless all person(s) who participate in the value treatment provide their written authorization to release information. There are exceptions to confidentiality. For example, therapists are required to report instances of suspected child or dependent/elder abuse. Therapists may be required or permitted to break confidentiality when they have determined that a client presents a serious danger of physical violence to another person or when a client is dangerous to himself or herself. In addition, a federal law known as the Leased Property at the commencement Patriot Act of this Lease 2011 requires therapists (as determined by the purchase price paid for the Leased Property)and others) in certain circumstances to provide FBI agents with, books, records, papers, documents and public liability insurance with respect other items and prohibits therapist from disclosing to the Leased Property client that FBI sought or obtained the items under the Act. INITIAL “No Secrets” Policy It is important you that your therapist utilizes a “no secrets” policy when conducting family or marital/couples therapy. This means that if you participate in family, and/or marital/couples therapy, your therapist is permitted to use information obtained in an individual session that you may have had with her/him, when working with other members of your family. Please feel free to ask your therapist about the “no secrets” policy and how it may apply to you. Informed Consent, Minors and Confidentiality Communications between therapists and patients who are minors (under the age of 18) are confidential. However, parents and other guardians who provide authorization for their child’s treatment are often involved in their treatment. Consequently, your therapist, in the amounts required by lawexercise of his or her professional judgment, but in no event may discuss the treatment progress of a minor patient with the parent or caretaker. Therapist Availability/Emergencies Telephone consultations between office visits are welcome. However, your therapist will attempt to keep those contacts brief. Should the contact be lengthy, you will be charged for a phone session. Please note your therapist is not on call, therefore may not response immediately. You may leave a message for your therapist at any time on his/her confidential voicemail. If you wish your therapist to return your call, please be sure to leave your and phone number, along with a policy limit less than $1,000,000 per occurrencebrief message concerning the nature of your call. All insurance shall be written Your therapist is not available to return calls after 6:00 PM Your therapist is not available to return on calls on Saturdays or Sundays If you have an urgent need to speak to your therapist, please indicate that fact in such forms, to cover such risks, your message and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as follow any instructions provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseyour therapist’s voice mail.

Insurance. Lessee, at Bank’s option, will either self-insure, or at Lessee’s cost, will cause casualty insurance I agree to keep the Equipment continuously insured by an Insurance company and property damage insurance to be carried and maintained on the Leased Propertywith deductible approved by Lender, with all such coverages comprehensive and collision coverage, and with coverage for any other hazards -Lender may specify from time to be in such time for coverage amounts sufficient to cover not less than the actual cash value of the Leased Property at Equipment or the commencement outstanding principal balance of my Indebtedness. I may purchase this Lease (as determined by the purchase price insurance from any Insurance company reasonably acceptable to Lender. I agree to provide Lender with written proof of a paid for the Leased Property)insurance policy, and public liability insurance with respect to the Leased Property in the amounts required by lawsubsequent renewals, but in no event with showing Lender as a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a tender’s loss payee as its interest and additional Insured under this Lease may appear on such property damage my insurance policiespolicy, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee which policy will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and require at least thirty (30) days advance written notice to Lender before it may lapse, be reduced, canceled or terminated for arty reason, I agree that all Insurance proceeds, Including any premium refunds, are payable first to Lender to the expiration extent of its Interest in the Equipment, and I assign my interest in same to Lender, Lender may apply any insurance proceeds and returned premiums received to the unpaid balance of my Indebtedness, Should I fail to purchase and maintain adequate Insurance on the Equipment, as determined by Lender (at Lender’s sole discretion), then Lender may (at Lender’s sole option, and without any responsibility or liability to do so) purchase such policiesInsurance as Lender deems necessary to protect Its interest The amount advanced by Lender for said insurance shall be immediately due and repaid to Lender, together with Interest with a rate up to 18% per annum, as limited by law, from the date of such advance. By endorsement I authorize Lender to release to third parties any Information necessary to facilitate Insurance and tax monitoring and insurance placement. If there is a total loss on any xxxx of Equipment I agree to Immediately pay to Lender all Insurance proceeds and amounts needed to retire the unpaid principal balance plus accrued Interest and any other allocable amounts then due and owing on such item of Equipment. All Insurance policies financed under this Note, unless a shorter period Is specified In the policy, end upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration original due date of the policylast payment due under this Note, If I am due any Insurance refund, I will seek same from my Insurance company. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will Lender does not require any other person or entity working on, in, or about the Leased Property me to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leasehave credit life Insurance. THE INSURANCE REQUIRED UNDER THIS NOTE IS NOT PUBLIC LIABILITY INSURANCE AND DOES NOT COVER LIABILITY FOR INJURY TO ANY PERSONS OR DAMAGES TO PROPERTY.

Insurance. LesseeBorrower shall insure and keep insured, at Bank’s option, will either self-insure, or at Lessee’s cost, will and shall cause casualty insurance each Subsidiary to insure and property damage insurance to be carried and maintained on the Leased Propertykeep insured, with good and responsible insurance companies, all insurable Property owned by it which is of a character usually insured by Persons similarly situated and operating like Properties against loss or damage from such coverages hazards and risks (including flood insurance with respect to be any improvements on real Property consisting of building or parking facilities in an area designated by a governmental body as having special flood hazards), and in such amounts sufficient to cover amounts, as are insured by Persons similarly situated and operating like Properties, but in no event at any time in an amount less than the replacement value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property)Collateral. Borrower shall also maintain, and public liability shall cause each Subsidiary to maintain, insurance with respect to the Leased Property business of Borrower and its Subsidiaries, covering commercial general liability, statutory worker’s compensation and occupational disease, statutory structural work act liability, and business interruption and such other risks with good and responsible insurance companies, in the such amounts required by lawand on such terms as Administrative Agent or Required Lenders shall reasonably request, but in no any event with a policy limit less than $1,000,000 per occurrenceas and to the extent usually insured by Persons similarly situated and conducting similar businesses. Borrower shall in any event maintain insurance on the Collateral to the extent required by the Collateral Documents. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies shall contain satisfactory lender’s loss payable endorsements, naming Administrative Agent for the benefit of insurance are obtained, Lessee will cause Bank to be the Lenders as a loss payee payee, assignee or additional insured, as appropriate, as its interest under this Lease may appear on such property damage insurance policiesappear, and an showing only such other loss payees, assignees and additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal insureds as are satisfactory to or exceeding the minimum limit stated hereinAdministrative Agent. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences Each policy of insurance or self-insurance satisfactory endorsement shall contain a clause requiring the insurer to Bankgive not less than 30 days’ prior written notice to Administrative Agent in the event of cancellation of the policy for any reason whatsoever and a clause specifying that the interest of Administrative Agent shall not be impaired or invalidated by any act or neglect of Borrower, together with receipts any of its Subsidiaries, or the owner of the premises or Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower shall deliver to Administrative Agent (a) on the applicable premiums before the Leased Property is delivered to Lessee date of this Agreement, and at least thirty such other times as Administrative Agent shall reasonably request, certificates evidencing the maintenance of insurance required hereunder, (30b) days before prior to the expiration termination of any such policies. By endorsement upon , certificates evidencing the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Propertyrenewal thereof, and will require (c) promptly following request by Administrative Agent, copies of all insurance policies of Borrower and its Subsidiaries. Borrower also agrees to deliver to Administrative Agent, promptly as rendered, true copies of all reports made in any other person or entity working on, in, or about the Leased Property reporting forms to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseinsurance companies.

Insurance. Lessee, at BankBorrower shall keep its business and the Collateral insured for risks and in amounts standard for companies in Borrower’s option, will either self-insure, or at Lessee’s cost, will cause casualty insurance industry and property damage insurance to location and as Collateral Agent may reasonably request. Insurance policies shall be carried and maintained on the Leased Propertyin a form, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property)companies, and public liability insurance with respect in amounts that are reasonably satisfactory to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrenceCollateral Agent. All insurance property policies shall be written in such forms, to cover such risks, and with such insurers, have a lender’s loss payable endorsement showing Collateral Agent as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a lender loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary waive subrogation against Collateral Agent and noncontributory basis on such public liability insurance in an amount equal to or exceeding shall provide that the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will must give Bank Collateral Agent at least thirty (30) days' written ’ notice prior before canceling, amending, or declining to cancellation renew its policy (other than with respect to nonpayment of premium, for which ten (10) days’ notice shall be required). All liability policies shall show, or alteration have endorsements showing, Collateral Agent as an additional insured with a waiver of subrogation rights, and all such policies (or the loss payable and additional insured endorsements) shall provide that the insurer shall give Collateral Agent at least thirty (30) days’ notice before canceling, amending, or declining to renew its policy. At Collateral Agent’s request, Borrower shall deliver certified copies of policies and evidence of all premium payments (other than with respect to nonpayment of premium, for which ten (10) days’ notice shall be required). If no Event of Default has occurred and is continuing, proceeds payable under any policy shall be payable to Borrower to repair or replace the property that is the subject of the policyloss or otherwise to acquire assets useful in Borrower’s business. Lessee will carry workers compensation After the occurrence and during the continuance of an Event of Default, proceeds payable under any policy shall, at Collateral Agent’s option, be payable to Administrative Agent on account of the Obligations. If Borrower fails to obtain insurance covering as required under this Section 5.6 or to pay any amount or furnish any required proof of payment to third persons, either Administrative Agent (at the direction or with the consent of Required Lenders) or Collateral Agent may make all employees working on, in, or about the Leased Propertypart of such payment or obtain such insurance policies required in this Section 5.6, and will require either Administrative Agent (at the direction or with the consent of Required Lenders) or Collateral Agent may take any other person or entity working on, in, or about action under the Leased Property policies as it deems prudent. Borrower shall have until fifteen (15) Business Days after the Effective Date to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout provide the Term of endorsements required in this LeaseSection 5.6.

Insurance. Lessee, at Bank’s option, will either self-insureEach Grantor shall maintain, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Propertymaintained, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property)financially sound and reputable insurers, and public liability insurance with respect to the Leased Property Collateral against loss or damage of the kinds and in the amounts required customarily insured against by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written entities of established reputation having similar properties similarly situated and in such forms, amounts as are customarily carried under similar circumstances by other such Persons and otherwise as is prudent for Persons engaged in similar businesses. Each Grantor shall cause each insurance policy issued in connection herewith to cover such risksprovide, and with the insurer issuing such insurers, policy to certify to the Agent that (a) the Agent will be named as are customary for public entities lender loss payee and additional insured under each such as the Lessee. A combination of self- insurance and policies of policy; (b) if such insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank proposed to be a loss payee cancelled or materially changed for any reason whatsoever, such insurer will promptly notify the Agent and such cancellation or change shall not be effective as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts Agent for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before after receipt by the expiration Agent of such notice, unless the effect of such change is to extend or increase coverage under the policy; and (c) the Agent will have the right (but no obligation) at its election to remedy any such policies. By endorsement upon default in the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least payment of premiums within thirty (30) days' written days of notice prior from the insurer of such default. Unless the Securities Purchase Agreement or the Notes expressly provides otherwise, the following sentence will control application of proceeds. If no Event of Default exists, loss payments in each instance will be applied by the applicable Grantor to cancellation or alteration the repair and/or replacement of property with respect to which the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about loss was incurred to the Leased Propertyextent reasonably feasible, and will require any other person loss payments or entity working onthe balance thereof remaining, into the extent not so applied, shall be payable to the applicable Grantor, provided, however, that payments received by any Grantor after an Event of Default occurs and is continuing shall be paid to the Agent and, if received by such Grantor, shall be held in trust for and immediately paid over to the Agent unless otherwise directed in writing by the Agent. Copies of such policies or about the Leased Property related certificates, in each case, naming the Agent as lender loss payee shall be delivered to carry such coverage, the Agent at least annually and will furnish to Bank certificates evidencing such coverages throughout at the Term time any new policy of this Leaseinsurance is issued.

Insurance. LesseeFRANCHISEE shall at all times during the term of the Franchise maintain in force, at Bank’s optionhis sole expense, will either self-insurecomprehensive public and product liability insurance against claims for death, injury or at Lessee’s cost, will cause casualty insurance and property damage caused by or occurring in conjunction with the conduct of business by FRANCHISEE pursuant to the Franchise. Such insurance to coverage shall be carried maintained under policies of insurance containing such types of coverage and maintained on the Leased Property, with all such coverages to be minimum liability protection in such amounts sufficient as may be specified by COMPANY from time to cover time. FRANCHISEE shall also keep the value of the Leased Property at the commencement of this Lease (as determined Premises and its contents insured against loss or damage by the purchase price paid for the Leased Property), fire and public liability insurance with respect to the Leased Property such other risks covered in the amounts required by lawStandard Extended Coverage Endorsement, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding not less than one hundred percent (100%) of the minimum limit stated hereinfull replacement cost of such assets. Subject to Section 4.2, insurance proceeds from All such insurance policies shall be issued by one or budgeted amounts from self-more insurance carriers designated by, or acceptable to, COMPANY. All such liability insurance policies shall name COMPANY as relating to casualty and property damage losses willan additional insured, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components shall contain a waiver of the Lease Payments at the time insurer's right of such damage or destruction as provided by Section 8.1. Lessee subrogation against COMPANY and shall provide that COMPANY will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least receive thirty (30) days' prior written notice prior of termination, expiration or cancellation of any such policy. COMPANY may increase the minimum liability protection requirement from time to cancellation time and may require different or alteration additional kinds of insurance to reflect inflation, changes in legal standards of liability or higher damage awards in public or product liability litigation or other relevant changes in circumstances. FRANCHISEE shall submit to COMPANY annually a copy of the certificate of or other evidence of the renewal or extension of each such insurance policy. Lessee will carry workers compensation If FRANCHISEE at any time fails or refuses to maintain in effect any insurance covering all employees working on, incoverage required by COMPANY, or about the Leased Propertyto furnish satisfactory evidence thereof, COMPANY, at its option and in addition to its other rights and remedies hereunder, may obtain such insurance coverage on behalf of FRANCHISEE, and will require FRANCHISEE shall promptly execute any applications or other person forms or entity working oninstruments required to obtain any such insurance and pay to COMPANY, inon demand, or about any costs and premiums incurred by COMPANY. FRANCHISEE's obligation to obtain and maintain the Leased Property to carry insurance described herein shall not be limited in any way by reason of any insurance maintained by COMPANY, nor shall FRANCHISEE's performance of such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term obligations relieve FRANCHISEE of any obligations under Section 10 of this LeaseAgreement.

Insurance. LesseeOn the Initial Note Date, at Bankthe Collateral Agent and the Purchaser shall have received a certificate from each applicable Note Party’s optioninsurance broker or other evidence reasonably satisfactory to it that all insurance required to be maintained pursuant to this Section 5.5 is in full force and effect, together with endorsements naming Collateral Agent, for the benefit of Secured Parties, as additional insured and loss payee thereunder to the extent required under this Section 5.5. Company will either self-insuremaintain or cause to be maintained, or at Lessee’s costwith financially sound and reputable insurers, will cause (i) business interruption insurance reasonably satisfactory to the Requisite Purchasers, (ii) directors’ and officers’ liability insurance reasonably satisfactory to the Requisite Purchasers and (iii) such casualty insurance and insurance, public liability insurance, third party property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to liabilities, losses or damage in respect of the Leased assets, properties and businesses of Company and its Subsidiaries as may customarily be carried or maintained under similar circumstances by Persons of established reputation engaged in similar businesses, in each case in such amounts (giving effect to self insurance), with such deductibles, covering such risks and otherwise on such terms and conditions as shall be customary for such Persons. Without limiting the generality of the foregoing, Company will maintain or cause to be maintained (a) flood insurance with respect to each Flood Hazard Property that is located in a community that participates in the amounts required National Flood Program, in each case in compliance with any applicable regulations of the Board of Governors, and (b) replacement value casualty insurance on the Collateral under such policies of insurance, with such insurance companies, in such amounts, with such deductibles, and covering such risks as are at all times carried or maintained under similar circumstances by lawPersons of established reputation engaged in similar businesses. On and after the thirtieth (30th) day after the Initial Note Date, but in no event with a each such policy limit less than $1,000,000 per occurrence. All of insurance shall be written (i) in such formsthe case of each liability insurance policy, to cover such risksname Collateral Agent, and with such insurersfor the benefit of Secured Parties, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on thereunder as its interests may appear, (ii) in the case of each casualty insurance policy, contain a primary loss payable clause or endorsement, in form and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance substance satisfactory to BankCollateral Agent and the Purchaser, together with receipts that names Collateral Agent, for the applicable premiums before benefit of Secured Parties as the Leased Property is delivered to Lessee loss payee thereunder, and (iii) in each case, provide for at least thirty (30) days before the expiration days’ prior written notice to Collateral Agent of any modification or cancellation of such policiespolicy. By endorsement upon The Collateral Agent acknowledges that the policy or insurance policies maintained by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration Company and its Subsidiaries as of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property Closing Date are satisfactory to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this LeaseCollateral Agent.

Insurance. LesseeThe Borrower shall, and shall cause each Obligor to, at Bank’s optionall times, will either self-insure, or at Lessee’s cost, will cause casualty insurance maintain with financially sound and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability reputable insurers insurance with respect to the Leased Property Collateral against loss or damage and all other insurance of the kinds and in the amounts required customarily insured against or carried by law, but corporations of established reputation engaged in no event with a policy limit less than $1,000,000 per occurrencethe same or similar businesses and similarly situated. All Said policies of insurance shall be written in satisfactory to the Administrative Agent, acting reasonably, as to form, amount and insurer. The Borrower shall furnish certificates to the Administrative Agent as the Administrative Agent shall reasonably require as proof of such formsinsurance, and, if the Borrower fails to do so, the Administrative Agent is authorized, but not required, to cover obtain such risks, and with such insurers, as are customary for public entities such as insurance at the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components expense of the Lease Payments at the time of such damage or destruction as provided by Section 8.1Borrower. Lessee will deliver to Bank the All policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts shall provide for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before (or such lesser period as the expiration insurer is only prepared to agree to) prior written notice to the Administrative Agent of any cancellation or reduction of coverage and that the Administrative Agent may act as attorney for the Borrower in obtaining, and at any time an Event of Default exists or has occurred and is continuing, adjusting, settling, amending and cancelling such policiesinsurance. By endorsement upon The Borrower shall cause the policy Administrative Agent to be named as a loss payee in respect of any insurance proceeds otherwise payable to an Operating Company and as an additional insured (but without any liability for any premiums) in relation to third party liability under such insurance policies and the Borrower shall obtain non-contributory lender’s loss payable endorsements or its equivalent in respect of any insurance proceeds to all insurance policies in form and substance satisfactory to the Administrative Agent, acting reasonably. Such lender’s loss payable endorsements or its equivalent shall specify that the proceeds of such insurance otherwise payable to an Operating Company shall be payable to the Administrative Agent as its interests may appear and further specify that the Administrative Agent shall be paid regardless of any act or omission by independent instrument furnished the Borrower or any of their Affiliates. If no Event of Default exists, the Administrative Agent shall release any insurance proceeds received by it to Bankthe Borrower; provided that, where the insurance proceeds relates to any material damage to any of the Eligible Machinery and Equipment or Eligible Real Estate Collateral, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior proceeds must be used to cancellation repair such damage or alteration re-invest in similar assets, otherwise such proceeds, to the extent of the policyamount of the Loan advanced based on such property, must be used to repay the Loan. Lessee will carry workers compensation If an Event of Default exists, at its option, the Administrative Agent may apply any insurance covering all employees working onproceeds received by the Administrative Agent at any time to the cost of repairs or replacement of Collateral and/or to payment of the Obligations, inwhether or not then due, in any order and in such manner as the Required Lenders may determine or, if no Obligations are then due and payable, hold such proceeds as cash collateral for the Obligations to be applied in payment thereof as and when they become due and payable. Without limiting the foregoing, with respect to any of the Eligible Machinery and Equipment or about Eligible Real Estate Collateral that is located in an area identified by the Leased PropertyFederal Emergency Management Agency (or any successor agency) as a “special flood hazard area” with respect to which flood insurance has been made available under Applicable Laws relating to flood insurance, the applicable Obligor (A) has obtained and will require maintain, with financially sound and reputable insurance companies (except to the extent that any other person insurance company insuring such Eligible Machinery and Equipment or entity working onEligible Real Estate Collateral owned by such Obligor ceases to be financially sound and reputable, inin which case, such Obligor shall promptly replace such insurance company with a financially sound and reputable insurance company), such flood insurance in such reasonable total amount as is sufficient to comply with all applicable rules and regulations promulgated pursuant to the Applicable Laws relating to flood insurance and (B) promptly upon request of the Administrative Agent or about any Lender, will deliver to the Leased Property Administrative Agent or such Lender, as applicable, evidence of such compliance in form and substance reasonably acceptable to carry the Administrative Agent, including, without limitation, evidence of annual renewals of such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseinsurance.

Insurance. LesseeEach Borrower and Guarantor shall, and shall cause any Subsidiary to, at Bank’s optionall times, will either self-insure, or at Lessee’s cost, will cause casualty insurance maintain with financially sound and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability reputable insurers insurance with respect to the Leased Property Collateral against loss or damage and all other insurance of the kinds and in the amounts required customarily insured against or carried by law, but corporations of established reputation engaged in no event with a policy limit less than $1,000,000 per occurrencethe same or similar businesses and similarly situated. All Said policies of insurance shall be written in such formsreasonably satisfactory to Agent as to form, to cover such risksamount and insurer (provided, that, Borrowers and with such insurers, as are customary for public entities such as the Lessee. A combination of self- Guarantors may maintain self insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, plans to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components 105 companies of the Lease Payments same or similar businesses and similarly situated do so). Borrowers and Guarantors shall furnish certificates, policies or endorsements to Agent as Agent shall reasonably request as proof of such insurance, and, Agent is authorized, but not required, to obtain such insurance at the expense of Borrowers if any Borrower or Guarantor fails at any time of such damage or destruction as provided by Section 8.1to do so. Lessee will deliver to Bank the All policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts shall provide for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration prior written notice to Agent of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration reduction of coverage. Agent may act as attorney for each Borrower and Guarantor in obtaining, and at any time an Event of Default exists or has occurred and is continuing, adjusting, settling, amending and canceling such insurance. Borrowers and Guarantors shall cause Agent to be named as a loss payee as its interests may appear and an additional insured (but without any liability for any premiums) under such insurance policies and Borrowers and Guarantors shall obtain non-contributory lender’s loss payable endorsements to all insurance policies in form and substance satisfactory to Agent. Such lender’s loss payable endorsements shall specify that the proceeds of such insurance shall be payable to Agent as its interests may appear and further specify that Agent and Lenders shall be paid regardless of any act or omission by any Borrower, Guarantor or any of its or their Affiliates. Without limiting any other rights of Agent or Lenders, any insurance proceeds received by Agent or proceeds of condemnation awards payable at any time may be applied to payment of the policyObligations (without permanent reduction thereof), whether or not then due, in any order and in such manner as Agent may determine; provided, that, proceeds of insurance of less than $2,500,000 in the aggregate may be paid to Administrative Borrower so long as no Cash Dominion Event exists and such proceeds are used for the costs of repair or replacement of the Collateral lost or damages resulting in the payment of such insurance proceeds. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require Upon application of any other person such proceeds to the Revolving Loans, Revolving Loans may be available subject and pursuant to the terms hereof to be used for the costs of repair or entity working on, in, replacement of the Collateral lost or about damages resulting in the Leased payment of such insurance proceeds. No Equipment or Real Property repaired or replaced pursuant to carry such coverage, the terms hereof shall constitute Eligible Equipment or Eligible Real Property unless Agent determines pursuant to and will furnish to Bank certificates evidencing such coverages throughout in accordance with the Term terms of this LeaseAgreement that such Equipment and/or Real Property satisfies the applicable eligibility criteria therefor.

Insurance. LesseeMaintain or cause to be maintained, at Bank’s optionwith financially sound and reputable insurers, will either self-insuresuch public liability insurance, or at Lessee’s costthird party property damage insurance, will cause casualty business interruption insurance and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability casualty insurance with respect to liabilities, losses or damage in respect of the Leased Property assets, properties and businesses of Borrower and its Subsidiaries as may customarily be carried or maintained under similar circumstances by Persons of established reputation engaged in similar businesses, in each case, in such amounts, with such deductibles, covering such risks and otherwise on such terms and conditions as shall be customary for such Persons. To the extent available, all property policies of the Credit Parties shall have a loss payable endorsement showing Lender as loss payee and waive subrogation against Lender and shall provide that the insurer endeavor to give Lender at least twenty (20) days’ notice before canceling or declining to renew its policy (or ten (10) days’ notice in the amounts case of the failure to pay any premiums thereunder). At the reasonable request of Lender, each Credit Party shall deliver certified copies of policies and evidence of all premium payments. All liability policies of the Credit Parties shall show, or have endorsements showing, Lender as an additional insured, and all such policies (or the loss payable and additional insured endorsements) shall provide that the insurer shall endeavor to give Lender at least twenty (20) days’ notice before canceling or declining to renew its policy (or ten (10) days’ notice in the case of the failure to pay any premiums thereunder). If Borrower or any of its Subsidiaries fails to obtain insurance as required under this Section 6.5 or to pay any amount or furnish any required proof of payment to third persons and Lender, Lender may make all or part of such payment or obtain such insurance policies required in this Section 6.5, and take any action under the policies Lender deems prudent. Borrower may later cancel any insurance purchased by lawLender, but in no event only after providing Lender with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-evidence that there has been obtained insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank required in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by this Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Lease6.5.

Insurance. LesseeLicensee, at Bankits sole cost and expense, shall maintain during the Term: all risk property insurance with business interruption and extra expense coverage, covering the full replacement cost of all property and improvements installed or placed in the Licensed Premises by Licensee at Licensee’s optionexpense; workers’ compensation insurance with no less than the minimum limits required by law; employer’s liability insurance with such limits as required by law; and commercial general liability insurance, will either self-insure, or at Lessee’s cost, will cause casualty insurance with a minimum limit of not less than $2,000,000 per occurrence for bodily injury and property damage insurance to be carried and maintained on the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event Licensed Premises. The foregoing limit may be met with a combination of primary and excess insurance policies. The commercial general liability insurance policy limit shall name Alexandria Real Estate Equities, Inc., and Licensor, its officers, directors, employees, managers, agents, invitees and contractors as additional insureds; insure on an occurrence and not a claims-made basis; be issued by insurance companies which have a rating of not less than $1,000,000 policyholder rating of A and financial category rating of at least Class X in “Best’s Insurance Guide”; shall not be cancelable for nonpayment of premium unless 30 days prior written notice shall have been given to Licensor from the insurer; shall contain a hostile fire endorsement and a contractual liability endorsement; and provide primary coverage to Licensor (any policy issued to Licensor providing duplicate or similar coverage shall be deemed excess over Licensee’s policies). Certificates of insurance showing the limits of coverage required hereunder and showing Licensor as an additional insured, shall be delivered to Licensor by Licensee prior to the Commencement Date and upon each renewal of said insurance. Licensee’s policy may be a “blanket policy” with an aggregate per occurrence. All location endorsement which specifically provides that the amount of insurance shall not be written in such formsprejudiced by other losses covered by the policy. Licensee shall, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) 5 days before prior to the expiration of any such policies, furnish Licensor with renewal certificates The property insurance obtained by Licensee and any property insurance maintained by Licensor with respect to the Licensed Premises shall include a waiver of subrogation by the insurers and all rights based upon an assignment from its insured, against Licensor or Licensee, and their respective officers, directors, employees, managers, agents, invitees and contractors (“Related Parties”), in connection with any loss or damage thereby insured against. By endorsement Neither party nor its respective Related Parties shall be liable to the other for loss or damage caused by any risk insured against under such property insurance, and each party waives any claims against the other party, and its respective Related Parties, for such loss or damage. The failure of a party to insure its property shall not void this waiver. Licensor and its respective Related Parties shall not be liable for, and Licensee hereby waives all claims against such parties for, business interruption and losses occasioned thereby sustained by Licensee or any person claiming through Licensee resulting from any accident or occurrence in or upon the policy Licensed Premises or by independent instrument furnished the Property from any cause whatsoever. If the foregoing waivers shall contravene any law with respect to Bankexculpatory agreements, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior the liability of Licensor or Licensee shall be deemed not released but shall be secondary to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseother’s insurer.

Insurance. LesseeThe Grantors, at Bank’s optiontheir own expense, will either self-insure, shall maintain or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried maintained insurance covering physical loss or damage to the Inventory and maintained on the Leased Property, Equipment in accordance with all such coverages to be in such amounts sufficient to cover the value Section 7.11 of the Leased Property at the commencement Credit Agreement and Section 4.04 of this Lease (as determined by the purchase price paid for the Leased Property)each Indenture, and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All such insurance shall (a) provide that no cancellation, material reduction in amount or material change in coverage thereof shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and effective until at least thirty (30) days before after receipt by the expiration Collateral Agent of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior thereof, (b) name the Collateral Agent as insured party on liability policies and loss payee on property policies and (c) be reasonably satisfactory in all other respects to cancellation the Collateral Agent. Each Grantor irrevocably makes, constitutes and appoints the Collateral Agent (and all officers, employees or alteration agents designated by the Collateral Agent) as such Grantor’s true and lawful agent (and attorney-in-fact) for the purpose, during the continuance of an Event of Default, of making, settling and adjusting claims in respect of Collateral under policies of insurance, endorsing the name of such Grantor on any check, draft, instrument or other item of payment for the proceeds of such policies of insurance and for making all determinations and decisions with respect thereto. In the event that any Grantor at any time or times shall fail to obtain or maintain any of the policy. Lessee will carry workers compensation policies of insurance covering all employees working onrequired hereby or to pay any premium in whole or part relating thereto, inthe Collateral Agent may, without waiving or about releasing any obligation or liability of the Leased PropertyGrantors hereunder or any Event of Default, in its sole discretion, obtain and will require maintain such policies of insurance and pay such premium and take any other person actions with respect thereto as the Collateral Agent deems advisable. All sums disbursed by the Collateral Agent in connection with this Section 4.10, including reasonable attorneys’ fees, court costs, expenses and other charges relating thereto, shall be payable, upon demand, by the Grantors to the Collateral Agent and shall be additional Obligations secured hereby ratably and in the same priority as the original Obligations. So long as no Event of Default has occurred and is continuing, all actions to be taken with respect to the making, settling and adjusting of claims under insurance policies may be taken by the Grantors without any requirement of participation or entity working on, in, or about consent from the Leased Property Collateral Agent and all proceeds received from any insurance with respect to carry such coverage, and will furnish any claim may be paid directly to Bank certificates evidencing such coverages throughout the Term applicable Grantor to be applied in accordance with the provisions of this LeaseSection 6.02 hereof.

Insurance. Lessee, at Bank’s option, Parent and the Restricted Subsidiaries will either self-insure, or at Lessee’s cost, will cause casualty insurance and property damage insurance to be carried and maintained on the Leased Propertymaintain, with all such coverages to be financially sound and reputable insurance companies insurance in such amounts sufficient and against such risks, as are customarily maintained by similarly situated companies engaged in the same or similar businesses operating in the same or similar locations, provided that Parent and the Restricted Subsidiaries may self-insure as is customary by similarly situated companies engaged in the same or similar businesses operating in the same or similar locations, except that with respect to cover any Collateral, neither Parent nor any Restricted Subsidiary may self-insure above a reasonable and customary deductible. Parent will deliver to the value Administrative Agent, promptly following request, information in reasonable and customary detail as to the insurance so maintained. Without limiting the generality of the Leased Property at foregoing, Parent and the commencement of this Lease (as determined by the purchase price paid for the Leased Property)Restricted Subsidiaries will maintain or cause to be maintained, with financially sound and public liability reputable insurance companies, flood insurance with respect to the Leased each Flood Hazard Property that is located in a community that participates in the amounts required Flood Program, in each case in compliance with any applicable regulations of the Board of Governors. Each such policy of insurance maintained by lawor on behalf of the Credit Parties shall (a) in the case of liability insurance policies (other than workers’ compensation and other policies for which such endorsements are not customary), but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such formsname the Collateral Agent, to cover such risks, and with such insurersfor the benefit of the Secured Parties, as are customary for public entities such as an additional insured thereunder and (b) in the Lessee. A combination case of self- insurance business interruption and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage casualty insurance policies, contain a loss payable clause or endorsement, reasonably satisfactory in form and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, substance to the extent Collateral Agent, that names the Collateral Agent, for the benefit of the Secured Parties, as the loss payee thereunder, and shall provide that it shall not be canceled or not renewed (i) by reason of nonpayment of premium upon not less than 10 days’ prior written notice thereof by the insurer to the Collateral Agent (giving the Collateral Agent the right to cure defaults in the payment of premiums) or (ii) for any other reason upon not less than 30 days’ (or such shorter number of days as may be agreed to by the Collateral Agent or as may be the maximum number of days permitted by applicable law, be payable to Bank in an amount equal ) prior written notice thereof by the insurer to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and at least thirty (30) days before the expiration of any such policies. By endorsement upon the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty (30) days' written notice prior to cancellation or alteration of the policy. Lessee will carry workers compensation insurance covering all employees working on, in, or about the Leased Property, and will require any other person or entity working on, in, or about the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this LeaseCollateral Agent.

Insurance. Lessee, Tenant agrees to obtain and keep in force at Bankits expense prior to commencement of Tenant’s option, will either self-insure, or at Lessee’s cost, will cause casualty insurance construction and/or fixturing on every occasion and property damage insurance to be carried and maintained on for the Leased Property, with all such coverages to be in such amounts sufficient to cover the value of the Leased Property at the commencement term of this Lease and any extensions thereof, Comprehensive General Liability Insurance insuring Landlord and Tenant from all claims, demands or actions with minimum limits of liability in respect of bodily injury or death of One Million Dollars (as determined $1,000,000.00) for each occurrence and not less than Five Hundred Thousand ($500,000.00) for property damage. Said policy or policies shall be issued by the purchase price paid for the Leased Property)an insurance company and in form satisfactory to Landlord. Tenant shall carry like coverage against loss or damage by boiler or internal explosion by boilers, and public liability insurance with respect to the Leased Property if there is a boiler in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrenceleased premises. All Said insurance shall not be written in such formssubject to cancellation, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilized. If policies of insurance are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to change or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts for the applicable premiums before the Leased Property is delivered to Lessee and modification except after at least thirty (30) days before prior written notice to Landlord, and the policy or policies, or duly executed certificate or certificates for the same, together with satisfactory evidence of the payment of premium thereon, shall be deposited with Landlord at the commencement of the term and renewals thereof not less than thirty (30) days prior to the expiration of the term of such coverage. Tenant shall, prior to Tenant’s commencement of construction and fixturing on every occasion, provide Workmen’s Compensation Insurance on its employees or agents, maximum limits prescribed by the laws of the State of Minnesota. Tenant shall obtain and keep in force, at its expense, for the term of this Lease and any such policiesextension thereof, Fire and Extended Coverage Insurance, including vandalism, malicious mischief, and sprinkler leakage coverage, covering all of Tenant’s stock in trade, fixtures, furniture, equipment, signs and all other installations and improvements not a part of the building made by Tenant in, on or about the Leased Premises, for the full insurable value thereof, plate glass insurance covering all show windows, plate glass and/or glass entrances of the leased premises. By endorsement upon (Tenant may self-insure all glass). Said policies shall provide for complete waiver of subrogation to the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank extent available; and shall provide for at least thirty (30) days' written ’ notice prior by certified mail, return receipt requested, to cancellation Landlord before cancellation, termination or alteration change of the policysuch insurance. Lessee will carry workers compensation insurance covering all employees working on, in, A copy of said policy or about the Leased Propertypolicies, and will require any other person or entity working onrenewals thereof, in, or about shall be delivered to and remain in the Leased Property to carry such coverage, and will furnish to Bank certificates evidencing such coverages throughout possession of Landlord. Landlord shall procure during the Term term of this Lease, fire, windstorm, (all-risk) extended coverage to extent available, rental loss insurance for loss due to fire or casualty, and general liability insurance on the building and other improvements composing the Demised Premises; provided, however, Tenant shall reimburse Landlord monthly with the base rent and other monthly payments due under this Lease 1/12th of the actual net annual cost and expense to Landlord of such insurance.

Insurance. LesseeParent will, and will cause each of its Subsidiaries to, at BankBorrowers’ expense, (a) maintain insurance respecting each of Parent’s optionand its Subsidiaries’ assets wherever located, will either self-insurecovering liabilities, losses or at Lessee’s cost, will cause casualty damages as are customarily are insured against by other Persons engaged in same or similar businesses and similarly situated and located. All such policies of insurance shall be with financially sound and property damage reputable insurance companies acceptable to be carried Agent and maintained on the Leased Property, with all such coverages to be in such amounts sufficient as is carried generally in accordance with sound business practice by companies in similar businesses similarly situated and located and, in any event, in amount, adequacy, and scope reasonably satisfactory to cover Agent (it being agreed that the value amount, adequacy, and scope of the Leased Property at the commencement of this Lease (as determined by the purchase price paid for the Leased Property), and public liability insurance with respect to the Leased Property in the amounts required by law, but in no event with a policy limit less than $1,000,000 per occurrence. All insurance shall be written in such forms, to cover such risks, and with such insurers, as are customary for public entities such as the Lessee. A combination of self- insurance and policies of insurance may be utilizedof Borrowers in effect as of the Closing Date are acceptable to Agent). If All property insurance policies of insurance covering the Collateral are obtained, Lessee will cause Bank to be a loss payee as its interest under this Lease may appear on such property damage insurance policies, and an additional insured on a primary and noncontributory basis on such public liability insurance in an amount equal to or exceeding the minimum limit stated herein. Subject to Section 4.2, insurance proceeds from insurance policies or budgeted amounts from self-insurance as relating to casualty and property damage losses will, to the extent permitted by law, be made payable to Bank in an amount equal to the then outstanding principal and accrued interest components of the Lease Payments at the time of such damage or destruction as provided by Section 8.1. Lessee will deliver to Bank the policies or evidences of insurance or self-insurance satisfactory to Bank, together with receipts Agent for the applicable premiums before benefit of Agent and the Leased Property is delivered Lenders, as their interests may appear, in case of loss, pursuant to Lessee a standard loss payable endorsement with a standard non-contributory “lender” or “secured party” clause and at least thirty (30) days before are to contain such other provisions as Agent may reasonably require to fully protect the expiration of Lenders’ interest in the Collateral and to any payments to be made under such policies. By endorsement upon All certificates of property and general liability insurance are to be delivered to Agent, with the policy or by independent instrument furnished to Bank, such insurer will agree that it will give Bank at least thirty loss payable (30but only in respect of Collateral) days' and additional insured endorsements in favor of Agent and shall provide for not less than 30 days (10 days in the case of non-payment) prior written notice prior to cancellation or alteration Agent of the policyexercise of any right of cancellation. Lessee will carry workers compensation If Parent or its Subsidiaries fail to maintain such insurance, Agent may arrange for such insurance, but at Borrowers’ expense and without any responsibility on Agent’s part for obtaining the insurance, the solvency of the insurance covering all employees working oncompanies, inthe adequacy of the coverage, or about the Leased Propertycollection of claims. Administrative Borrower shall give Agent prompt notice of any loss exceeding $250,000 covered by its or its Subsidiaries’ property or business interruption insurance. Upon the occurrence and during the continuance of an Event of Default, Agent shall have the sole right to file claims under any property insurance policies in respect of the Collateral, to receive, receipt and give acquittance for any payments that may be payable thereunder, and will require to execute any and all endorsements, receipts, releases, assignments, reassignments or other person documents that may be necessary to effect the collection, compromise or entity working on, in, or about the Leased Property to carry settlement of any claims under any such coverage, and will furnish to Bank certificates evidencing such coverages throughout the Term of this Leaseinsurance policies.