Common use of Business Auto Liability Insurance Clause in Contracts

Business Auto Liability Insurance. with minimum combined single limits of $1 million per accident for bodily injury and property damage. The policy must include a duty to defend and cover all owned, non-owned, and leased or hired vehicles. Commercial Umbrella/Follow Form Excess Insurance, with minimum limits of $4 million per occurrence and in the aggregate, in excess of the underlying policy limits. The policy must provide coverage at least as broad as the underlying policies and provide coverage excess of the required general liability, employer’s liability, and automobile liability coverages. Product Recall Insurance, with minimum limits of $5 million per occurrence. The policy must provide coverage for expenses associated with recalling products affected by Supplier. The policy must include coverage for accidental contamination, malicious contamination, product rehabilitation and loss of gross profits. The following additional requirements shall apply: • Insurance must be placed with insurance companies rated at least A, X (10) by the A.M. Best. • All liability policies must be endorsed to name the other party and their respective parent, subsidiaries and affiliated entities, and its officers, directors and employees as additional insured utilizing ISO forms. • The automobile liability, general liability and workers’ compensation policy, if permitted by law, must have a waiver of subrogation in favor of the other party and their respective parent, subsidiaries and affiliated entities, and its officers, directors and employees. • All insurance policies must apply as primary and non-contributory with respects to operations of Buyer. Supplier will bear any losses within insurance deductibles or self-insured retention amounts. • All insurance policies must be written on a per occurrence basis except for Product Recall Insurance which is written on a limit of liability basis. • All insurance policies must be endorsed to provide the other party with 30-days advance written notice of cancellation or material change in coverage. Exhibit C to MS Co-pack for WW Evidence of Insurance: • Prior to the Effective Date, each party hereto shall deliver to other a certificate, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above. • Policy renewal dates must be noted, and new certificates must be provided, meeting the requirements noted above, throughout the entire Term. • Failure of any party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the other party’s obligation to maintain such insurance. • Certificates with disclaimers must have Additional Insured endorsement(s) attached. The insurance requirements set forth herein are minimum coverage requirements and are not to be construed in any way as a limitation on a party’s liability under this Agreement. Failure to maintain the required insurance may result in termination of this Agreement in accordance with its terms. Exhibit C to MS Co-pack for WW Execution Copy AMENDMENT 1 TO CO-PACKING AGREEMENT THIS AMENDMENT 1 TO CO-PACKING AGREEMENT (this “Amendment”), dated September 11, 2012, but effective as of the Effective Date (as defined in the Agreement), is by and between WWF Operating Company, a Delaware corporation (f/k/a WhiteWave Foods Company), on the one hand (“Buyer”) and Morningstar Foods, LLC, a Delaware limited liability company, on the other hand (“Supplier”).

Business Auto Liability Insurance. with minimum combined single limits of $1 million per accident for bodily injury and property damage. The policy must include a duty to defend and cover all owned, non-owned, and leased or hired vehicles. Commercial Umbrella/Follow Form Excess Insurance, with minimum limits of $4 million per occurrence and in the aggregate, in excess of the underlying policy limits. The policy must provide coverage at least as broad as the underlying policies and provide coverage excess of the required general liability, employer’s liability, and automobile liability coverages. Product Recall Insurance, with minimum limits of $5 million per occurrence. The policy must provide coverage for expenses associated with recalling products affected by SupplierSeller. The policy must include coverage for accidental contamination, malicious contamination, product rehabilitation and loss of gross profits. The following additional requirements shall apply: • Insurance must be placed with insurance companies rated at least A, X (10) by the A.M. Best. • All liability policies must be endorsed to name the other party and their respective parent, subsidiaries and affiliated entities, and its officers, directors and employees as additional insured utilizing ISO forms. • The automobile liability, general liability and workers’ compensation policy, if permitted by law, must have a waiver of subrogation in favor of the other party and their respective parent, subsidiaries and affiliated entities, and its officers, directors and employees. • All insurance policies must apply as primary and non-contributory with respects to operations of Buyer. Supplier Seller will bear any losses within insurance deductibles or self-insured retention amounts. • All insurance policies must be written on a per occurrence basis except for Product Recall Insurance which is written on a limit of liability basis. • All insurance policies must be endorsed to provide the other party with 30-days advance written notice of cancellation or material change in coverage. Exhibit C B to MS Co-pack for WW Product Sales and Distribution Agreement Evidence of Insurance: • Prior to the Effective Date, each party hereto shall deliver to other a certificate, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above. • Policy renewal dates must be noted, and new certificates must be provided, meeting the requirements noted above, throughout the entire Term. • Failure of any party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the other party’s obligation to maintain such insurance. • Certificates with disclaimers must have Additional Insured endorsement(s) attached. The insurance requirements set forth herein are minimum coverage requirements and are not to be construed in any way as a limitation on a party’s liability under this Agreement. Failure to maintain the required insurance may result in termination of this Agreement in accordance with its terms. Exhibit C to MS Co-pack for WW Execution Copy AMENDMENT 1 TO CO-PACKING AGREEMENT THIS AMENDMENT 1 TO CO-PACKING AGREEMENT (this “Amendment”), dated September 11, 2012, but effective as of the Effective Date (as defined in the Agreement), is by and between WWF Operating Company, a Delaware corporation (f/k/a WhiteWave Foods Company), on the one hand (“Buyer”) and Morningstar Foods, LLC, a Delaware limited liability company, on the other hand (“Supplier”).

Business Auto Liability Insurance. with minimum combined single limits of $1 million per accident for bodily injury and property damage. The policy must include a duty to defend and cover all owned, non-owned, and leased or hired vehicles. Commercial Umbrella/Follow Form Excess Insurance, with minimum limits of $4 million per occurrence and in the aggregate, in excess of the underlying policy limits. The policy must provide coverage at least as broad as the underlying policies and provide coverage excess of the required general liability, employer’s liability, and automobile liability coverages. Product Recall Insurance, with minimum limits of $5 million per occurrence. The policy must provide coverage for expenses associated with recalling products affected by Supplier. The policy must include coverage for accidental contamination, malicious contamination, product rehabilitation and loss of gross profits. The following additional requirements shall apply: • Insurance must be placed with insurance companies rated at least A, X (10) by the A.M. Best. • All liability policies must be endorsed to name the other party and their respective parent, subsidiaries and affiliated entities, and its officers, directors and employees as additional insured utilizing ISO forms. • The automobile liability, general liability and workers’ compensation policy, if permitted by law, must have a waiver of subrogation in favor of the other party and their respective parent, subsidiaries and affiliated entities, and its officers, directors and employees. • All insurance policies must apply as primary and non-contributory with respects to operations of Buyer. Supplier will bear any losses within insurance deductibles or self-insured retention amounts. • All insurance policies must be written on a per occurrence basis except for Product Recall Insurance which is written on a limit of liability basis. • All insurance policies must be endorsed to provide the other party with 30-days advance written notice of cancellation or material change in coverage. Exhibit C to MS Co-pack for WW Evidence of Insurance: • Prior to the Effective Date, each party hereto shall deliver to other a certificate, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above. • Policy renewal dates must be noted, and new certificates must be provided, meeting the requirements noted above, throughout the entire Term. • Failure of any party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the other party’s obligation to maintain such insurance. • Certificates with disclaimers must have Additional Insured endorsement(s) attached. The insurance requirements set forth herein are minimum coverage requirements and are not to be construed in any way as a limitation on a party’s liability under this Agreement. Failure to maintain the required insurance may result in termination of this Agreement in accordance with its terms. Exhibit C to MS Co-pack for WW Execution Copy AMENDMENT 1 TO CO-PACKING AGREEMENT THIS AMENDMENT 1 TO CO-PACKING AGREEMENT (this “Amendment”), dated September 11, 2012, but effective as of the Effective Date (as defined in the Agreement), is by and between WWF Operating Company, a Delaware corporation (f/k/a WhiteWave Foods Company), on the one hand (“Buyer”) and Morningstar Foods, LLC, a Delaware limited liability company, on the other hand (“Supplier”).

Business Auto Liability Insurance. with minimum combined single limits of $1 million per accident for bodily injury and property damage. The policy must include a duty to defend and cover all owned, non-owned, and leased or hired vehicles. Commercial Umbrella/Follow Form Excess Insurance, with minimum limits of $4 million per occurrence and in the aggregate, in excess of the underlying policy limits. The policy must provide coverage at least as broad as the underlying policies and provide coverage excess of the required general liability, employer’s liability, and automobile liability coverages. Product Recall Insurance, with minimum limits of $5 million per occurrence. The policy must provide coverage for expenses associated with recalling products affected by SupplierSeller. The policy must include coverage for accidental contamination, malicious contamination, product rehabilitation and loss of gross profits. The following additional requirements shall apply: • Insurance must be placed with insurance companies rated at least A, X (10) by the A.M. Best. • All liability policies must be endorsed to name the other party and their respective parent, subsidiaries and affiliated entities, and its officers, directors and employees as additional insured utilizing ISO forms. • The automobile liability, general liability and workers’ compensation policy, if permitted by law, must have a waiver of subrogation in favor of the other party and their respective parent, subsidiaries and affiliated entities, and its officers, directors and employees. • All insurance policies must apply as primary and non-contributory with respects to operations of Buyer. Supplier Seller will bear any losses within insurance deductibles or self-insured retention amounts. • All insurance policies must be written on a per occurrence basis except for Product Recall Insurance which is written on a limit of liability basis. • All insurance policies must be endorsed to provide the other party with 30-days advance written notice of cancellation or material change in coverage. Exhibit C to MS Co-pack for WW Evidence of Insurance: • Prior to the Effective Date, each party hereto shall deliver to other a certificate, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above. • Policy renewal dates must be noted, and new certificates must be provided, meeting the requirements noted above, throughout the entire Term. • Failure of any party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the other party’s obligation to maintain such insurance. • Certificates with disclaimers must have Additional Insured endorsement(s) attached. The insurance requirements set forth herein are minimum coverage requirements and are not to be construed in any way as a limitation on a party’s liability under this Agreement. Failure to maintain the required insurance may result in termination of this Agreement in accordance with its terms. Exhibit C to MS Co-pack for WW Execution Copy AMENDMENT 1 TO CO-PACKING AGREEMENT THIS AMENDMENT 1 TO CO-PACKING AGREEMENT (this “Amendment”), dated September 11, 2012, but effective as of the Effective Date (as defined in the Agreement), is by and between WWF Operating Company, a Delaware corporation (f/k/a WhiteWave Foods Company), on the one hand (“Buyer”) and Morningstar Foods, LLC, a Delaware limited liability company, on the other hand (“Supplier”).

Business Auto Liability Insurance. with minimum combined single limits of $1 million per accident for bodily injury and property damage. The policy must include a duty to defend and cover all owned, non-owned, and leased or hired vehicles. Commercial Umbrella/Follow Form Excess Insurance, with minimum limits of $4 million per occurrence and in the aggregate, in excess of the underlying policy limits. The policy must provide coverage at least as broad as the underlying policies and provide coverage excess of the required general liability, employer’s liability, and automobile liability coverages. Product Recall Insurance, with minimum limits of $5 million per occurrence. The policy must provide coverage for expenses associated with recalling products affected by Supplier. The policy must include coverage for accidental contamination, malicious contamination, product rehabilitation and loss of gross profits. The following additional requirements shall apply: • Insurance must be placed with insurance companies rated at least A, X (10) by the A.M. Best. • All liability policies must be endorsed to name the other party and their respective parent, subsidiaries and affiliated entities, and its officers, directors and employees as additional insured utilizing ISO forms. • The automobile liability, general liability and workers’ compensation policy, if permitted by law, must have a waiver of subrogation in favor of the other party and their respective parent, subsidiaries and affiliated entities, and its officers, directors and employees. • All insurance policies must apply as primary and non-contributory with respects to operations of Buyer. Supplier will bear any losses within insurance deductibles or self-insured retention amounts. • All insurance policies must be written on a per occurrence basis except for Product Recall Insurance which is written on a limit of liability basis. • All insurance policies must be endorsed to provide the other party with 30-days advance written notice of cancellation or material change in coverage. Exhibit C to MS FDD Co-pack for WW Evidence of Insurance: • Prior to the Effective Date, each party hereto shall deliver to other a certificate, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth above. • Policy renewal dates must be noted, and new certificates must be provided, meeting the requirements noted above, throughout the entire Term. • Failure of any party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the other party’s obligation to maintain such insurance. • Certificates with disclaimers must have Additional Insured endorsement(s) attached. The insurance requirements set forth herein are minimum coverage requirements and are not to be construed in any way as a limitation on a party’s liability under this Agreement. Failure to maintain the required insurance may result in termination of this Agreement in accordance with its terms. Exhibit C to MS FDD Co-pack for WW Execution Copy AMENDMENT 1 TO CO-PACKING AGREEMENT THIS AMENDMENT 1 TO CO-PACKING AGREEMENT (this “Amendment”), dated September 11, 2012, but effective as of the Effective Date (as defined in the Agreement), is by and between WWF Operating Company, a Delaware corporation (f/k/a WhiteWave Foods Company), on the one hand (“Buyer”) ), and Morningstar FoodsSuiza Dairy Group, LLC, a Delaware limited liability company and Xxxx Dairy Holdings, LLC, a Delaware limited liability company, on the other hand (collectively with each of their wholly-owned subsidiaries other than Buyer, “Supplier”).