Common use of Insurance Required Clause in Contracts

Insurance Required. Throughout the term of this Agreement, the Borrower shall keep the Collateral Property continuously insured against the following risks, paying as the same become due and payable all premiums with respect thereto: (a) insurance against loss or damage to the Property by all perils, with uniform standard extended coverage endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time in use in the State, to such extent as is necessary to provide for the full insurable value, but with deductible clauses in such amounts as are customary for facilities of similar size and character within the State; (b) comprehensive general accident and public liability insurance (including coverage for all losses arising from the ownership or use of any vehicle) providing coverage limits (including deductible clauses) of not less than the coverage limits customarily carried by owners or operators of facilities of similar size and character within the State; (c) fidelity insurance or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and to such extent as are customarily carried by organizations similar to the Borrower and operating properties similar in size and character to the facilities of the Borrower; and (d) workers’ compensation insurance, disability benefits insurance and such other forms of insurance as the Borrower is required by law to provide with respect to the Property. The insurance policies required by this Section may be evidenced by individual policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained therein.

Insurance Required. Throughout The Redeveloper shall obtain and maintain insurance for the term of this AgreementProject as required by its lenders. In addition, the Borrower Redeveloper shall keep provide the Collateral Property continuously insured against the following risks, paying as the same become due and payable all premiums with respect theretofollowing: (a) Prior to the Commencement of Construction of the Project Improvements, the Redeveloper shall furnish or shall cause to be furnished, to the Borough, certificates of insurance evidencing the issuance of commercial general liability insurance, insuring the Redeveloper against losses, costs, liabilities, claims, causes of action and damages for bodily injury, property damage and personal injury on all property in the Project Area or related to the construction thereon, in the amount of at least Five Million Dollars ($5,000,000.00), with the understanding that the required limits of coverage may be satisfied by any combination of primary, umbrella or excess liability insurances. Such insurance shall include blanket contractual liability coverage. All such policies shall be written to apply to all bodily injury, property damage, personal injury and other covered loss, including, but not limited to, claims of subcontractors, however occasioned, occurring during the policy term, shall be endorsed to add the Borough as an additional insured, and to provide that such coverage shall be primary and that any insurance maintained by the Borough shall be excess insurance only. Such coverage shall be endorsed to waive the insurer's rights of subrogation against the Borough. (b) Builder's Risk Insurance for the benefit of the Redeveloper, during the term of construction, sufficient to protect against loss or damage to resulting from fire, flood, wind, and lightning, the Property by all perils, with uniform standard extended coverage endorsement limited only as may perils, vandalism, and malicious mischief. The limits of liability will be provided in the standard form of extended coverage endorsement at the time in use in the State, equal to such extent as is necessary to provide for the full insurable value, but with deductible clauses in such amounts as are customary for facilities of similar size and character within the State; one hundred percent (b) comprehensive general accident and public liability insurance (including coverage for all losses arising from the ownership or use of any vehicle) providing coverage limits (including deductible clauses100%) of not less than the coverage limits customarily carried by owners replacement cost (to current building code) of the insurable elements of the project, including items of labor and materials connected therewith, whether in or operators adjacent to the structure(s) insured, and materials in place or to be used as part of facilities of similar size and character within the State;permanent construction. (c) fidelity insurance The Redeveloper shall also furnish or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and cause to such extent as are customarily carried by organizations similar be furnished to the Borrower and operating properties similar in size and character Borough evidence satisfactory to the facilities Borough that the Redeveloper carries workers' compensation insurance as required by law, and an employer's liability insurance endorsement with customary limits, and shall be endorsed with a waiver of subrogation clause for the Borrower; andBorough. (d) workers’ compensation insuranceComprehensive Automobile Liability Insurance covering all owned, disability benefits insurance hired and such other forms non-owned vehicles insuring the Redeveloper and the Borough against losses, costs, liabilities, claims, causes of insurance as action and damages for bodily injury and property damage in the Borrower amount of at least One Million Dollars ($1,000,000.00) combined single limit coverage. (e) In the event that the Redeveloper obtains, or is required by law any Governmental Authority or Holder to provide with respect to the Property. The obtain any environmental insurance policies required by this Section may be evidenced by individual policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section Borough shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee named as an additional insured or loss payee, as applicable, and shall provide that no on such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained thereinpolicy.

Insurance Required. Throughout At all times during the term construction of this Agreementthe Project (where a certificate of occupancy has not been issued) during such construction or such later date as indicated below, Licensee shall, at its expense, procure and maintain (or cause its general contractor to procure and maintain) insurance protecting Licensee and Licensor against loss or damage arising out of or in connection with the Borrower shall keep construction of the Collateral Property continuously insured against the following risksProject. 1. Such insurance shall, paying as the same become due and payable all premiums with respect theretoat minimum include: (a) Commercial general liability insurance against loss in an amount not less than One Million Dollars ($1,000,000) per each occurrence with a general aggregate limit of not less than Two Million Dollars ($2,000,000). Such insurance shall include, but is not limited to, the following coverages or damage endorsements: • Independent Contractors Liability • For any time-share Project that is developed or marketed in the United States including United States Territories and for any Project developed or marketed in jurisdictions in which there may be liability for construction defects, Products/Completed Operations Liability (construction defect) to be maintained for (i) three (3) years after the Property date of substantial completion of the Project or issuance of a certificate of occupancy for the Project, whichever is later. If a jurisdiction requires procurement of completed operations coverage or equivalent coverage, then such coverage will be procured as required by all perilsapplicable law. • For any residential or fractional Project that is developed or marketed in the United States including United States Territories and for any Project developed or marketed in jurisdictions in which there may be liability for construction defects, with uniform standard extended coverage endorsement limited only Products/Completed Operations Liability (construction defect) to be maintained for (i) ten (10) years after the date of substantial completion of the Project or issuance of a certificate of occupancy for the Project, whichever is later, or (ii) such time frame as may be provided required to cover the statutory time frame for construction defects in the standard form state or country where the Project is located. If such coverage is provided by the general contractor, evidence of extended coverage endorsement at the time in use in the State, to such extent as is necessary to provide insurance shall be provided for the full insurable valueentire statutory time frame. • Explosion, but with deductible clauses in such amounts as are customary for facilities of similar size Collapse and character within the State;Underground Coverage (b) comprehensive general accident Business auto liability including owned, non-owned and public liability insurance (including coverage hired vehicles, with combined single limits for all losses arising from the ownership or use of any vehicle) providing coverage limits (including deductible clauses) of bodily injury and property damage in an amount not less than the coverage limits customarily carried by owners or operators of facilities of similar size and character within the State;One Million Dollars ($1,000,000) per each occurrence. (c) fidelity insurance Umbrella or bonds excess liability, on those of its officers and employees who handle funds of the Borrowera following form, both in such amounts and to such extent as are customarily carried by organizations similar to the Borrower and operating properties similar in size and character to the facilities of the Borrower; and (d) workers’ compensation insurance, disability benefits insurance and such other forms of insurance as the Borrower is required by law to provide with respect to the Property. The insurance policies required by this Section may be evidenced by individual policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is amount not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained therein.less than:

Insurance Required. Throughout At all times during the term construction of this Agreementthe Project (where a certificate of occupancy has not been issued) during such construction or such later date as indicated below, Licensee shall, at its expense, procure and maintain (or cause its general contractor to procure and maintain) insurance protecting Licensee and Licensor against loss or damage arising out of or in connection with the Borrower shall keep construction of the Collateral Property continuously insured against the following risksProject. 1. Such insurance shall, paying as the same become due and payable all premiums with respect theretoat minimum include: (a) Commercial general liability insurance against loss in an amount not less than One Million Dollars ($1,000,000) per each occurrence with a general aggregate limit of not less than Two Million Dollars ($2,000,000). Such insurance shall include, but is not limited to, the following coverages or damage endorsements: • Independent Contractors Liability • For any time-share Project that is developed or marketed in the United States including United States Territories and for any Project developed or marketed in jurisdictions in which there may be liability for construction defects, Products/Completed Operations Liability (construction defect) to be maintained for (i) three (3) years after the Property date of substantial completion of the Project or issuance of a certificate of occupancy for the Project, whichever is later. If a jurisdiction requires procurement of completed operations coverage or equivalent coverage, then such coverage will be procured as required by all perilsapplicable law. • For any residential or fractional Project that is developed or marketed in the United States including United States Territories and for any Project developed or marketed in jurisdictions in which there may be liability for construction defects, with uniform standard extended coverage endorsement limited only Products/Completed Operations Liability (construction defect) to be maintained for (i) ten (10) years after the date of substantial completion of the Project or issuance of a certificate of occupancy for the Project, whichever is later, or (ii) such time frame as may be provided required to cover the statutory time frame for construction defects in the standard form state or country where the Project is located. If such coverage is provided by the general contractor, evidence of extended coverage endorsement at the time in use in the State, to such extent as is necessary to provide insurance shall be provided for the full insurable valueentire statutory time frame. • Explosion, but with deductible clauses in such amounts as are customary for facilities of similar size Collapse and character within the State;Underground Coverage (b) comprehensive Business auto liability including owned, non-owned and hired vehicles, with combined single limits for bodily injury and property damage in an amount not less than One Million Dollars ($1,000,000) per each occurrence. (c) Umbrella or excess liability, on a following form, in an amount not less than: a. Two Million ($2,000,000) Dollars per occurrence for projects with construction value equal to or less than $500,000 and the Project is not occupied b. Four Million ($4,000,000) Dollars per occurrence for projects with construction value of $500,001 to $1,000,000 or if under $500,000 and the Project is occupied c. Nine Million ($9,000,000) Dollars per occurrence for projects with construction value of $1,000,001 to $10,000,000; d. Fourteen Million ($14,000,000) per occurrence Dollars for projects with construction value of $10,000,001 to $20,000,000; e. Nineteen Million ($19,000,000) Dollars per occurrence for projects with construction value of $20,000,001 to $50,000,000; f. Such greater amount as is reasonably determined by Licensor and Licensee where the total project construction costs are greater than Fifty Million Dollars ($50,000,000). Such coverage shall be in excess of the insurance required under Section 7.1.A.1(a), Section 7.1.A.1(b), and the employers liability required under Section 7.1.A.1(f). The general accident aggregate shall apply in total to this Project only if coverage is provided by a general contractor and public shall be reinstated annually during construction. Upon the latest to occur of substantial completion of the Project or the issuance of a certificate of occupancy for the Project, the coverage shall specifically include the completed operations liability (construction defects) in the amounts required under this Section 7.1.1. (d) Builders risk insuring such risks as commonly covered by an “all risk of physical loss” form on a replacement cost basis covering equipment to be installed in, and supplies to be used at, the Project and all Project related areas, including contractors’ supplies, tools and equipment. (e) Workers’ compensation insurance (including coverage for covering all losses arising from the ownership or use of any vehicle) providing coverage limits (including deductible clauses) Licensee’s, its general contractors’, its subcontractors’ and its consultants’ employees, in statutory amounts and employers’ liability of not less than the coverage limits customarily carried by owners or operators of facilities of similar size and character within the State; One Million Dollars (c$1,000,000) fidelity insurance or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and to such extent as are customarily carried by organizations similar to the Borrower and operating properties similar in size and character to the facilities of the Borrower; and (d) workers’ compensation insurance, disability benefits insurance and such other forms of insurance as the Borrower is required by law to provide with respect to the Property. The insurance policies required by this Section may be evidenced by individual policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained thereinaccident.

Insurance Required. Throughout the term of this Agreement, the (a) Borrower shall keep cause to be maintained, in full force and effect on all Collateral, insurance in such amounts against such risks as is reasonably satisfactory to Lender, including, but without limitation, business interruption, liability, fire, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, and hazard insurance and, if as of the Collateral Property continuously insured against date hereof, any of the following risksleased real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, paying as and on which the same become due and payable all premiums with respect theretosale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (ai) insurance against loss or damage Be in a form and with insurers which are satisfactory to the Property by all perils, with uniform standard extended coverage endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time in use in the State, to such extent as is necessary to provide for the full insurable value, but with deductible clauses in such amounts as are customary for facilities of similar size and character within the StateLender; (bii) comprehensive general accident Be for such risks, and public liability insurance (including coverage for all losses arising from such insured values as Lender or its assigns may reasonably require in order to replace the ownership property in the event of actual or use of any vehicle) providing coverage limits (including deductible clauses) of not less than the coverage limits customarily carried by owners or operators of facilities of similar size and character within the Stateconstructive total loss; (ciii) fidelity insurance or bonds on those Designate Lender as additional insured and loss payee as Lender’s interest may from time to time appear; (iv) Contain a “breach of its officers and employees who handle funds warranty clause” whereby the insurer agrees that a breach of the Borrower, both in such amounts insuring conditions or any negligence by Borrower or any other person shall not invalidate the insurance as to Lender and to such extent as are customarily carried by organizations similar to the Borrower and operating properties similar in size and character to the facilities of the Borrower; andits assignee; (dv) workers’ compensation insurance, disability benefits insurance and such other forms of insurance as the Borrower is required by law to provide with respect to the Property. The insurance policies required by this Section Provide that they may not be evidenced by individual policies canceled or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower altered without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior written notice to the expiration of any Lender; and (vi) Upon demand, be delivered to Lender. (b) Borrower shall obtain such policies evidence additional insurance as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and Lender may reasonably require. (c) promptly Borrower shall, in the event of loss or damage of any Collateral, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds. (d) Borrower shall forthwith upon request by receipt of insurance proceeds endorse and deliver the Trustee, but same to Lender. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (ii) advise Borrower in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that event such insurance policies are in full force and effect, that such policies coverage shall not comply with the provisions requirements of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained thereinAgreement.

Insurance Required. Throughout the term of this Agreement, the Borrower shall keep the Collateral Property continuously insured against the following risks, paying as the same become due and payable all premiums with respect thereto: (a) insurance against loss or damage Prior to the Property by all perilsCommencement of Construction of the Redevelopment Project, the Redeveloper shall furnish or shall cause to be furnished, to the Agency, in connection with uniform standard extended coverage endorsement limited only as may be provided the Redevelopment Project, evidence of commercial general liability insurance, insuring the Agency against losses, costs, liabilities, claims, causes of action and damages for bodily injury and property damage on portions of the Project Area being improved, or related to the construction thereon, in the standard form amount of extended coverage endorsement at least Three Million Dollars ($3,000,000.00) combined single limit coverage. Such insurance shall include blanket contractual liability coverage. All such policies shall be written to apply to all bodily injury, property damage, personal injury and other covered loss, including, but not limited to, claims of subcontractors, however occasioned, occurring during the time in use in policy term, shall be endorsed to add the StateAgency as an additional insured, to such extent as is necessary and to provide for the full insurable value, but with deductible clauses in such amounts as are customary for facilities of similar size and character within the State; (b) comprehensive general accident and public liability insurance (including coverage for all losses arising from the ownership or use of any vehicle) providing coverage limits (including deductible clauses) of not less than the coverage limits customarily carried by owners or operators of facilities of similar size and character within the State; (c) fidelity insurance or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and to such extent as are customarily carried by organizations similar to the Borrower and operating properties similar in size and character to the facilities of the Borrower; and (d) workers’ compensation insurance, disability benefits insurance and such other forms of insurance as the Borrower is required by law to provide with respect to the Property. The insurance policies required by this Section may be evidenced by individual policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of that such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The primary and that any insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant Agency shall be excess insurance only. Such coverage shall be endorsed to this Section waive the insurer's rights of subrogation against the Agency. The Redeveloper shall also furnish or cause to be furnished to the Agency evidence satisfactory to the Agency that the Redeveloper and certifying that such any contractor with whom it has contracted for the construction of the Redevelopment Project carries workers' compensation insurance policies are in full force as required by law, and effectan employer's liability insurance endorsement with customary limits, that such policies comply and shall be endorsed with a waiver of subrogation clause for the provisions of this Section and that all premiums then due thereon have been paidAgency. All insurance policies required by this Section 6.3 section shall name be obtained from insurance companies licensed in the Trustee as an additional insured State and rated at least A- in Best's Insurance Guide or loss payee, as applicable, such lesser rated provider that is proposed by the Redeveloper and shall provide that no such policy may be terminated without thirty (30) days’ written notice is reasonably acceptable to the TrusteeAgency. Delivery The Redeveloper’s obligation to maintain insurance in this Section 9.02 shall terminate upon issuance of reports, recommendations, certificates and other documents a Certificate of Completion with respect to the Trustee pursuant Redevelopment Project or portion thereof. Redeveloper shall have the right to satisfy the insurance requirements set forth in this Section 6.3 is for safe keeping purposes only and the Trustee9 with coverage provided by Redeveloper’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate contractors or analyze the information contained thereinsubcontractors.

Insurance Required. Throughout Tenant will keep in force at its expense as long as this Lease remains in effect and during such other time as Tenant occupies the term of this AgreementPremises or any part thereof, the Borrower shall keep the Collateral Property continuously insured against the following risks, paying as the same become due and payable all premiums with respect thereto: (a) insurance against loss or damage to the Property by all perils, with uniform standard extended coverage endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time in use in the State, to such extent as is necessary to provide for the full insurable value, but with deductible clauses in such amounts as are customary for facilities of similar size and character within the State; (b) comprehensive general accident and public liability insurance (including coverage for all losses arising from the ownership or use of any vehicle) providing coverage limits (including deductible clauses) of not less than the coverage limits customarily carried by owners or operators of facilities of similar size and character within the State; (c) fidelity insurance or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and to such extent as are customarily carried by organizations similar to the Borrower and operating properties similar in size and character to the facilities of the Borrower; and (d) workers’ compensation insurance, disability benefits insurance and such other forms of insurance as the Borrower is required by law to provide including contractual liability, with respect to the Property. The insurance policies required by this Section may be evidenced by individual policies Premises with carriers Landlord has approved in writing with minimum limits of One Million ($1,000,000.00) Dollars on account of bodily injuries to or by an umbrella policy. At least every three years from July 1death of one person, 2022, and Three Million ($3,000,000.00) dollars on account of bodily injuries to or death of more than one person as the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such reviewany one accident or disaster; property damage insurance with minimum limits of One Million Dollars ($1,000,000.00) and all risks perils insurance at replacement cost value on Tenant's personal property, including inventory, trade fixtures, wall and floor coverings, furniture and other property removable by Tenant and leasehold improvements either existing within the Insurance Consultant finds Premises on the Commencement Date or installed by Tenant during the Term of this lease; provided, however, that the existing coverage is inadequate, taking into account the availability Tenant's insuring of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges said leasehold improvements used by it shall in no way confer on Tenant any property rights to same except as otherwise provided in this Lease. Tenant may self-insure for glass breakage. All policies shall name Landlord or its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Sectiondesignee as additional named insured, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received contain a written evaluation with respect to such self-insurance programs from an Insurance Consultant provision stating that such self-insurance is consistent with sound risk management policiespolicy or policies shall not be canceled or modified except after thirty (30) days prior written notice to Landlord. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at At least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required hereunder, Tenant shall deliver to Landlord a premium ▇▇▇▇ marked paid for the full year subsequent to the year covered by the expiring policy. If the nature of Tenant's operation is such as to place any or all of its employees under the coverage of local worker's compensation or similar statutes, Tenant shall also keep in force, at its expense, so long as this Section 6.3 Lease remains in effect and during such other times as Tenant occupies the Premises or any part thereof, worker's compensation or similar insurance affording statutory coverage and containing statutory limits. If Tenant shall name the Trustee not comply with its covenants made in this Article 19.00, Landlord may immediately cause insurance as an additional insured or loss payeeaforesaid to be issued, and in such event Tenant agrees to pay, as applicableAdditional Rent, the premium for such insurance upon Landlord's demand. It is understood and agreed to by Landlord that Tenant is insured and as such shall not be required to provide Landlord with policies of insurance. However, Tenant shall provide that no such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery Landlord with evidence of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained thereinTenant's insurance.

Insurance Required. Throughout (a) At all times throughout the term of this Agreementthe Bonds, including without limitation, during any period of construction, reconstruction or substantial renovation of the Project, the Borrower Institution shall keep maintain insurance, or cause there to be maintained insurance, if applicable, with insurance companies licensed to do business in the Collateral Property continuously State, against such risks, loss, damage and liability (including liability to third parties) and for such amounts as are customarily insured against the following risks, paying by other enterprises of like size and type as the same become due Institution and payable all premiums with respect thereto:as required by the Purchaser and/or the Issuer. In addition to this general requirement, such insurance shall, for purposes of subsections (b) through (g) of this Section, include, without limitation, insurance coverage described in paragraphs (i) through (ix) below (hereinafter, “Specific Coverage”): (ai) (A) insurance against loss or damage by fire, lightening and other casualties customarily insured against by similar businesses in the area, using a special property form or equivalent form, for the Mortgaged Property, which policy shall be sufficient for the insurer to provide coverage for 100% of the replacement cost of the improvements to the Mortgaged Property or the amount of the Bonds, whichever is greater, with fire, extended coverage, vandalism, terrorism and malicious mischief insurance coverage and such other extended coverage as may be required by the Purchaser and Issuer, including coverage against risks of loss customarily covered by an “All Risk” or “Special Perils Form” policies, in an amount to be determined by the Purchaser and Issuer and an appraiser designated by the Purchaser and Issuer (with an “Agreed Amount” endorsement), and which policy shall name the Purchaser and Issuer and its successors and/or assigns, as their interests may appear, as first mortgagee pursuant to a standard New York mortgagee clause, as well as additional insured and lenders loss payable, and shall be renewable thereafter for one (1) year terms; (B) fire and casualty insurance for the business personal property of Institution having a term of at least one (1) year (with an expiration date of at least four (4) months from the date hereof), which policy shall name the Purchaser and Issuer and its successors and/or assigns, as their interests may appear, as lenders loss payable, and shall be renewable thereafter for one (1) year terms; and (C) during any period of construction, reconstruction or substantial renovation of the Mortgaged Property and the Facility, such policy with respect to such Mortgaged Property and the Facility shall be written in the so- called “Builder’s Risk Completed Value Non-Reporting Form,” in an amount to be reasonably determined by the Purchaser, as the full replacement value of improvements (unless the Purchaser receives evidence reasonably satisfactory to the Purchaser from the Institution’s insurer that the property insurance required herein extends to losses caused by the proposed construction activities at the Mortgaged Property and the Facility), including coverage therein for “completion and/or premises occupancy” and coverage for property damage insurance, all of which insurance shall include coverage for removal of debris, insuring the buildings, structures, facilities, fixtures and other property constituting a part of the Project against loss or damage to the Project by all risk of physical loss at all times in an amount such that the proceeds of such insurance shall be sufficient to prevent the Issuer, the Institution or the Purchaser from becoming a co- insurer of any loss under the insurance policies but in any event in amounts equal to the greater of (x) 110% of the actual replacement value of the Project as determined by a qualified insurance appraiser or insurer (selected by the Institution) not less often than once every three years, at the expense of the Institution, and (y) the principal amount of the Bonds outstanding; any such insurance may provide that the insurer is not liable to the extent of the first $10,000 with the result that the Institution is its own insurer to the extent of $10,000 of such risks with the Purchaser and Issuer named as loss payee under a mortgage endorsement; (ii) Boiler and machine property damage insurance in respect of any steam and pressure boilers and similar apparatus located on the Facility Realty from risks normally insured against under boiler and machinery policies and in amounts and with deductibles customarily obtained for similar business enterprises but in any event in an amount not less than $1,000,000; (iii) To the extent the Facility may be located in a flood zone, or if otherwise required by federal law, flood certification or flood insurance, to the extent not covered by property damage insurance, in an amount equal to the greater of the full replacement cost or the maximum amount then available under the National Flood Insurance Act of 1973, as amended, and name the Purchaser and its successors and assigns, as their interests may appear, as first mortgagee; (iv) Business Interruption Insurance in an amount equal to one (1) year's loss of gross earnings, rental value and the extra expense that could result from the cessation of the business conducted by the Institution at the Mortgaged Property or rent insurance against one (1) year's loss of gross rental income (whichever of the two types of insurance is applicable) arising out of damage or destruction by reason of the risks described above in subsections (i) and (ii) above; (v) Commercial General Liability Insurance protecting the Institution, the Purchaser and the Issuer against loss or losses from liabilities imposed by law or assumed in any written contract and arising from personal injury and death or damage to the Property of others caused by all perilsany accident or occurrence, with uniform standard extended coverage endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time in use in the State, to such extent as is necessary to provide for the full insurable value, but with deductible clauses in such amounts as are customary for facilities of similar size and character within the State; (b) comprehensive general accident and public liability insurance (including coverage for all losses arising from the ownership or use of any vehicle) providing coverage limits (including deductible clauses) of not less than $1,000,000 per accident or occurrence ($2,000,000 aggregate) on account of personal injury including death resulting therefrom, and $1,000,000 per accident or occurrence ($2,000,000 aggregate) per accident or occurrence on account of damage to the coverage limits customarily carried property of others, excluding liability imposed upon the Institution by owners or operators of facilities of similar size and character within the Stateany applicable worker's compensation law; (cvi) fidelity insurance If the Institution owns, leases or bonds uses motor vehicles, Automobile Liability including coverage on those of its officers owned, hired and employees who handle funds non-owned automobiles and other vehicles, if used in connection with the performance of the Borrowerwork with bodily injury and property damage limits of not less than $1,000,000 per occurrence combined single limit, both in such amounts with a waiver of subrogation against the Issuer and to such extent the Purchaser as are customarily carried by organizations similar to the Borrower and operating properties similar in size and character to the facilities of the Borrower; andadditional insured; (dvii) workers’ compensation Workers' Compensation and Employer's Liability insurance, disability benefits insurance insurance, and such each other forms form of insurance as which the Borrower Issuer or the Institution is required by law to provide with respect provide, covering loss resulting from injury, sickness, disability or death of employees of the Institution who are located at or assigned to the PropertyMortgaged Property and the Facility. The policy limit under the Employer's Liability insurance shall not be less than $1,000,000; (viii) Umbrella/Excess Liability in excess of Commercial General Liability, Automobile Liability and Employer's Liability coverages which is at least as broad as these underlying policies required by this Section may be evidenced by individual policies or by an umbrella policy. At least every three years from July 1with a limit of liability of $10,000,000; and (ix) Such other insurance, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review including revision of the insurance coverage requirements set forth above, in such amounts and against such insurable hazards as the Purchaser from time to time may reasonably require. (b) All insurance required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted procured and maintained with financially sound and generally recognized responsible insurance companies selected by the Borrowers. The entity required to procure the same and authorized to write such insurance coverage required by this Sectionin the State, having an A. M. Best rating of “A” or better and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account reasonably acceptable to the Borrowers’ particular circumstances, Purchaser and the Insurance Consultant Issuer. Such insurance may be written with deductible amounts comparable to those on similar policies carried by other companies engaged in businesses similar in size, character and other respects to those in which the Institution is engaged. All policies evidencing insurance coverages required hereunder shall so certify designate (except in the report case of worker’s compensation insurance) the Issuer, the Institution and the Purchaser as insured as their respective interests may appear. All insurance required by hereunder shall be in form, content and coverage satisfactory to the aboveIssuer and the Purchaser and shall not contain any coinsurance provisions nor blanket coverage with existing policies, except such co-insured for all or any part insurance provisions and blanket coverage as is reasonably acceptable to the Purchaser. (c) Each of the foregoing requirements if policies evidencing the Borrowers have received a written evaluation Specific Coverage required above to be obtained shall: (i) designate the Issuer and the Purchaser as an additional insured; (ii) provide that all insurance proceeds with respect to loss or damage to the Mortgaged Property be endorsed and made payable to the Issuer and the Purchaser and shall name the Issuer and the Purchaser as a lenders loss payable and as a mortgagee under the terms of a standard mortgagee clause, which insurance proceeds shall be paid over to the Issuer and the Purchaser; (iii) provide that there shall be no recourse against the Issuer and the Purchaser for the payment of premiums or commissions or (if such self-policies or binders provide for the payment thereof) additional premiums or assessments; (iv) provide that in respect of the interest of the Issuer and the Purchaser in such policies, the insurance programs from an Insurance Consultant stating shall not be invalidated by any action or inaction of the Institution or any other Person and shall insure the Issuer and the Purchaser regardless of, and any losses shall be payable notwithstanding, any such action or inaction; (v) provide that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay be primary insurance without any fees charged right of contribution from any other insurance carried by such Insurance Consultant. Any self-insurance of the Borrowers existing on Issuer and the date of execution of this Agreement may continue without evidence of compliance with Purchaser to the above requirements unless the periodic report of the Insurance Consultant required by this Section states extent that such self-other insurance is not consistent provides the Issuer and the Purchaser with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of contingent and/or excess liability insurance with respect theretoto its interest in the Property; (vi) which provide that if the Borrowers are required insurers cancel such insurance for any reason whatsoever, including the insured’s failure to maintain pursuant pay any accrued premium, or the same is allowed to this Sectionlapse or expire, together with evidence or there be any reduction in amount, or any material change is made in the coverage, such cancellation, lapse, expiration, reduction or change shall not be effective as to the payment of all premiums then due thereon; (b) Issuer and the Purchaser until at least thirty (30) days, or ten (10) days due to nonpayment of premium, after receipt by the Issuer and the Purchaser of written notice by such insurers of such cancellation, lapse, expiration, reduction or change; provided that property insurance limits must be in at least the principal amount of the Bonds outstanding regardless of deductible amounts; (vii) waive any right of subrogation of the insurers thereunder against any Person insured under such policy, and waive any right of the insurers to any setoff or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any Person insured under such policy; and (viii) contain such other terms and provisions as any owner or operator of facilities similar to the Property would, in the prudent management of its properties, require to be contained in policies or interim insurance contracts with respect to facilities similar to the Property owned or operated by it. (d) The Net Proceeds of any insurance shall be applied as set forth in this Bond Purchase Agreement. (e) The Institution shall deliver or cause to be delivered to the Issuer and the Purchaser the following documents evidencing compliance with the Specific Coverage requirements of this Section: (i) on or prior to the Closing Date: (A) a broker’s ▇▇▇▇▇ form certificate of coverage confirming that the Institution, as of the Closing Date, has obtained Specific Coverage in accordance with the requirements of this Section, and (B) evidence of property insurance and certificates or other evidence of other required insurance and, (ii) copies of policies of fire and extended coverage insurance covering the Mortgaged Property and the Facility (and also covering all equipment, fixtures and other articles of personal property affixed to, installed at or used in connection with the operation of the Mortgaged Property and the Facility) in an amount, after application of any deductibles acceptable to the Purchaser, of not less than one hundred (100%) percent of the full replacement value of the insured property (both real and personal, including fixtures and equipment) with premiums fully paid one (1) year in advance, with appropriate endorsements showing the interest of the Purchaser as first mortgagee without contribution and with lenders loss payable to the Purchaser under a standard New York mortgagee endorsement. At least seven (7) Business Days prior to the expiration of any such policy, the Institution shall furnish the Issuer and the Purchaser with evidence that such policy has been renewed or replaced or is no longer required by this Bond Purchase Agreement. Such policies shall be in the New York standard form of property insurance policy and shall provide coverage against such other risks as the Purchaser may require. Proof of insurance may also be in the form of an ▇▇▇▇▇ 27 and/or ▇▇▇▇▇ 28 evidence of insurance form. (f) The Institution shall deliver to the Issuer and the Purchaser, on or before the first Business Day in January of each calendar year thereafter a certificate dated not earlier than the immediately preceding December 1st, reciting that there is in full force and effect, with a term covering at least the next succeeding twelve (12) months, insurance in the amounts and of the types required by this Section. At least ten (10) days prior to the expiration of any such policies evidence as policy, the Institution shall furnish to the renewal thereofIssuer and the Purchaser, if then evidence that the policy has been renewed or replaced or is no longer required by this SectionBond Purchase Agreement. At least once every two Fiscal Years, and at Purchaser’s request the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, Institution agrees to deliver a certificate of an Authorized Representative of independent insurance consultant to the Borrower setting forth Issuer and the particulars as to all Purchaser which indicates that the insurance policies then maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with Institution meets the provisions requirements of this Section of the Loan Agreement. (g) The Institution shall, at its own cost and that expense, make all premiums then due thereon have been paidproofs of loss and take all other steps necessary or reasonably requested by the Issuer and the Purchaser to collect from insurers for any loss covered by any insurance required to be obtained by this Section. All insurance policies The Institution shall not do any act, or suffer or permit any act to be done, whereby any Specific Coverage required by this Section 6.3 shall name the Trustee as an additional insured would or loss payeemight be suspended or impaired. THE PARTIES HERETO ACKNOWLEDGE THAT NEITHER THE ISSUER, as applicableNOR THE PURCHASER DOES IN ANY WAY REPRESENT THAT THE INSURANCE SPECIFIED HEREIN, and shall provide that no such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery of reportsWHETHER IN SCOPE OF COVERAGE OR LIMITS OF COVERAGE, recommendationsIS ADEQUATE OR SUFFICIENT FOR THE PURPOSES CONTEMPLATED HEREUNDER OR TO PROTECT THE OPERATION OF THE MORTGAGED PROPERTY OR THE FACILITY OR THE BUSINESS, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained thereinOPERATIONS OR FINANCIAL CONDITION OF THE INSTITUTION.

Insurance Required. Throughout The City will, during the term of this AgreementLease Term, cause the Borrower shall keep the Collateral Property Project to be kept continuously insured against such risks customarily insured against for facilities such as the following risksProject and will pay (except as otherwise provided herein), paying as the same become due and payable due, all premiums with in respect theretothereof, such insurance to include the following policies of insurance: (a) insurance Insurance insuring the Project against loss or damage to by fire, lightning and all other risks covered by the Property by all perils, with uniform standard extended coverage insurance endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time then in use in the StateState in an amount not less than the Principal Portion of the Certificates then Outstanding and issued by such insurance company or companies authorized to do business in the State as may be selected by the City. The policy or policies of such insurance will name the City and the Trustee as insureds, as their respective interests may appear. All proceeds from such policies of insurance will be applied as provided in Article IX. During acquisition, construction and installation of the Improvements, the City will cause to such be provided, insofar as the Improvements are concerned, the insurance required by subparagraph (b) below in lieu of the insurance required by this Section 7.01(a) to the extent as is necessary to provide for the full insurable value, but with deductible clauses in such amounts as are customary for facilities of similar size and character within the State;appropriate. (b) comprehensive To the extent appropriate, during the acquisition, construction and installation of the Improvements and in lieu of the insurance required in Section 7.01(a), builder’s risk-completed value insurance insuring the Improvements against fire, lightning and all other risks covered by the extended coverage endorsement then in use in the State to the full insurable value of the Improvements (subject to reasonable loss deductible clauses) issued by such insurance company or companies authorized to do business in the State as may be selected by the City. Such policy or policies of insurance will name the City and the Trustee as insureds, as their respective interests may appear, and all payments received under such policy or policies by the City will be paid over to the Trustee. (c) Comprehensive general accident and public liability insurance (including coverage for all losses whatsoever arising from the ownership ownership, maintenance, operation or use of any automobile, truck or other motor vehicle) providing coverage limits (including deductible clauses) of ), under which the City and the Trustee are named as insureds, in an amount not less than the coverage limits customarily carried by owners or operators of facilities of similar size $500,000 combined single limit for bodily injuries and character within the State; (c) fidelity insurance or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and to such extent as are customarily carried by organizations similar to the Borrower and operating properties similar in size and character to the facilities of the Borrower; andproperty damage. (d) workersWorkers’ compensation and unemployment coverages to the extent, if any, required by the laws of the State. (e) Owner’s policy of title insurance, disability benefits issued on ALTA forms by a title insurance underwriter acceptable to the Underwriter, insuring the Trustee’s leasehold estate created by the Site Lease, in the amount of $[Principal Amount], subject only to exceptions acceptable to the Underwriter, with endorsements and such other forms of insurance as the Borrower is affirmative coverages reasonably required by law the Underwriter, including comprehensive, nonmerger, validity of sublease, creditors’ rights, survey or in the absence of a survey, location, access, and contiguity endorsements, and otherwise in form and substance satisfactory to provide the Underwriter. (f) Performance and labor and material payment bonds with respect to the PropertyConstruction Agreements in the full amount of the Construction Agreements from surety companies qualified to do business in the State. The insurance Not less than 15 days prior to the expiration dates of the expiring policies, originals or copies of the policies required by this Section may 7.01 or certificates evidencing such insurance will be evidenced delivered by individual policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render City to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments theretoTrustee. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability All policies of such insurance, the terms upon which and all renewals thereof, will contain a provision that such insurance is availablemay not be cancelled by the issuer thereof without at least 30 days’ written notice to the City and the Trustee. Not less than annually, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as City will provide a result of such review, the Insurance Consultant finds current certificate evidencing that the existing coverage City is inadequate, taking into account in compliance with the availability requirements of such insurance, this Section to the terms upon which such insurance is available, Trustee. Nothing in this Lease will be construed as preventing the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then City from satisfying the insurance coverage requirements herein set forth by using blanket policies of insurance or self-insurance provided by each and all of the requirements and specifications of this Section shall be increased or otherwise adjusted by the BorrowersLease respecting insurance are complied with. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times City may elect to be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-self–insured for all or any part of the foregoing requirements of this Section 7.01 if (i) the Borrowers have received City annually obtains a written evaluation with respect to such self-insurance programs program from an individual or firm selected by the City and acceptable to the Trustee qualified to survey risks and to recommend insurance coverage for entities engaged in operations similar to those of the City and having a favorable reputation for skill and experience in making such surveys and recommendations (an “Insurance Consultant stating Consultant”), (ii) the evaluation is to the effect that such the self-insurance program is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained therein.sound,

Insurance Required. Throughout The Redeveloper shall obtain and maintain insurance for the term of this AgreementProject as required by its lenders. In addition, the Borrower Redeveloper shall keep provide the Collateral Property continuously insured against the following risks, paying as the same become due and payable all premiums with respect theretofollowing: (a) Prior to the Commencement of Construction of the Project Improvements, the Redeveloper shall furnish or shall cause to be furnished, to the Borough, certificates of insurance evidencing the issuance of commercial general liability insurance, insuring the Redeveloper against losses, costs, liabilities, claims, causes of action and damages for bodily injury, property damage and personal injury on all property in the Project Area or related to the construction thereon, in the amount of at least Five Million Dollars ($5,000,000.00), with the understanding that the required limits of coverage may be satisfied by any combination of primary, umbrella or excess liability insurances. Such insurance shall include blanket contractual liability coverage. All such policies shall be written to apply to all bodily injury, property damage, personal injury and other covered loss, including, but not limited to, claims of subcontractors, however occasioned, occurring during the policy term, shall be endorsed to add the Borough as an additional insured, and to provide that such coverage shall be primary and that any insurance maintained by the Borough shall be excess insurance only. Such coverage shall be endorsed to waive the insurer's rights of subrogation against the Borough. (b) Builder's Risk Insurance for the benefit of the Redeveloper, during the term of construction, sufficient to protect against loss or damage to resulting from fire, flood, wind, and lightning, the Property by all perils, with uniform standard extended coverage endorsement limited only as may perils, vandalism, and malicious mischief. The limits of liability will be provided in the standard form of extended coverage endorsement at the time in use in the State, equal to such extent as is necessary to provide for the full insurable value, but with deductible clauses in such amounts as are customary for facilities of similar size and character within the State; one hundred percent (b) comprehensive general accident and public liability insurance (including coverage for all losses arising from the ownership or use of any vehicle) providing coverage limits (including deductible clauses100%) of not less than the coverage limits customarily carried by owners replacement cost (to current building code) of the insurable elements of the project, including items of labor and materials connected therewith, whether in or operators adjacent to the structure(s) insured, and materials in place or to be used as part of facilities of similar size and character within the State;permanent construction. (c) fidelity insurance The Redeveloper shall also furnish or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and cause to such extent as are customarily carried by organizations similar be furnished to the Borrower and operating properties similar in size and character Borough evidence satisfactory to the facilities Borough that the Redeveloper carries workers' compensation insurance as required by law, and an employer's liability insurance endorsement with customary limits, and shall be endorsed with a waiver of subrogation clause for the Borrower; andBorough. (d) workers’ compensation insuranceComprehensive Automobile Liability Insurance covering all owned, disability benefits insurance hired and such other forms non- owned vehicles insuring the Redeveloper and the Borough against losses, costs, liabilities, claims, causes of insurance as action and damages for bodily injury and property damage in the Borrower amount of at least One Million Dollars ($1,000,000.00) combined single limit coverage. (e) In the event that the Redeveloper obtains, or is required by law any Governmental Authority or Holder to provide with respect to the Property. The obtain any environmental insurance policies required by this Section may be evidenced by individual policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section Borough shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee named as an additional insured or loss payee, as applicable, and shall provide that no on such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained thereinpolicy.

Insurance Required. Throughout the term of this Agreement, Agreement the Borrower Company shall keep the Collateral Property Project continuously insured against the following riskssuch risks as are customarily insured against by businesses of like size and type (other than business interruption insurance), paying (except as provided in Section 4.3(g)) as the same become due and payable all premiums with in respect thereto, including but not necessarily limited to: (a) insurance against loss or damage to the Property full insurable actual cash value of the Project as determined by all perilsthe Company against (i) loss from damage by fire and lightning, with uniform standard extended coverage endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time in use in the State, to State (provided that such extent as is necessary to insurance may provide for a deductible provision of not in excess of $100,000 with respect to direct damage applicable to each separate instance of loss insured against), and (ii) in time of war in which the full insurable valueUnited States of America is a belligerent, but with deductible clauses in against loss from the risks and hazards of war, if such amounts as are customary for insurance is then reasonably obtainable and generally carried by owners of facilities of similar size and character within like nature in the State;; and (b) comprehensive if the Project is comprised in part of a boiler (or boilers) and/or a pressure vessel (or pressure vessels), boiler and pressure vessel (including pressure pipes) explosion insurance in an amount at least equal to $5,000,000 (with deductible provisions not to exceed $1,000) against loss from damage with respect to all boilers and pressure vessels and pressure pipes which may be installed in the Project; and (c) general accident and public liability insurance (including coverage against claims for all losses arising from bodily injury, death or property damage occurring on, in or about the ownership or use of any vehicle) providing coverage limits (including deductible clauses) Project and the adjoining streets, sidewalks and passageways, such insurance to afford protection of not less than $1,000,000 aggregate per occurrence for personal injury, bodily injury and death, and not less than $50,000 with respect to property damage resulting from any one occurrence and the coverage limits customarily carried by owners policies evidencing such insurance may provide that the Company shall be self-insured as it deems prudent in connection with each separate claim insured against. Such self-insurance may, at the Company's option, be taken directly as a deductible or operators indirectly under any type of facilities of similar size retrospective rating arrangement between the Company and character within the State; (c) fidelity insurance or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and to such extent insurer as are customarily carried by organizations similar to the Borrower and operating properties similar in size and character to the facilities of the Borrowerit may select; and (d) workers’ compensation insurance, disability benefits insurance during the Construction Period and such other forms of insurance as the Borrower is required by law to provide with respect to the Property. The insurance policies required by this Section may be evidenced by individual policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of throughout the term of this Agreement, the originals Company shall maintain, or certified copies thereof of all insurance policies (or certificates of insurance cause to be maintained, in connection with respect thereto) which the Borrowers are required to maintain pursuant to this SectionProject, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then Worker's Compensation Coverage required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained thereinapplicable law.

Insurance Required. Throughout Tenant will keep in force at its expense as long as this Lease remains in effect and during such other time as Tenant occupies the term of this AgreementPremises or any part thereof, the Borrower shall keep the Collateral Property continuously insured against the following risks, paying as the same become due and payable all premiums with respect thereto: (a) insurance against loss or damage to the Property by all perils, with uniform standard extended coverage endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time in use in the State, to such extent as is necessary to provide for the full insurable value, but with deductible clauses in such amounts as are customary for facilities of similar size and character within the State; (b) comprehensive general accident and public liability insurance (including coverage for all losses arising from the ownership or use of any vehicle) providing coverage limits (including deductible clauses) of not less than the coverage limits customarily carried by owners or operators of facilities of similar size and character within the State; (c) fidelity insurance or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and to such extent as are customarily carried by organizations similar to the Borrower and operating properties similar in size and character to the facilities of the Borrower; and (d) workers’ compensation insurance, disability benefits insurance and such other forms of insurance as the Borrower is required by law to provide including contractual liability, with respect to the Property. The insurance policies required by this Section may be evidenced by individual policies Premises with carriers Landlord has approved in writing with minimum limits of One Million ($1,000,000.00) Dollars on account of bodily injuries to or by an umbrella policy. At least every three years from July 1death of one person, 2022, and Five Million ($5,000,000.00) dollars on account of bodily injuries to or death of more than one person as the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such reviewany one accident or disaster; property damage insurance with minimum limits of One Million Dollars ($1,000,000.00) and all risks perils insurance at replacement cost value on Tenant's personal property, including inventory, trade fixtures, wall and floor coverings, furniture and other property removable by Tenant and leasehold improvements either existing within the Insurance Consultant finds Premises on the Commencement Date or installed by Tenant during the Term of this lease; provided, however, that the existing coverage is inadequate, taking into account the availability Tenant's insuring of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges said leasehold improvements used by it shall in no way confer on Tenant any property rights to same except as otherwise provided in this Lease. Tenant may self-insure for glass breakage. All policies shall name Landlord or its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Sectiondesignee as additional named insured, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received contain a written evaluation with respect to such self-insurance programs from an Insurance Consultant provision stating that such self-insurance is consistent with sound risk management policiespolicy or policies shall not be canceled or modified except after thirty (30) days prior written notice to Landlord. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at At least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required hereunder, Tenant shall deliver to Landlord a premium ▇▇▇▇ marked paid for the full year subsequent to the year covered by the expiring policy. If the nature of Tenant's operation is such as to place any or all of its employees under the coverage of local worker's compensation or similar statutes, Tenant shall also keep in force, at its expense, so long as this Section 6.3 Lease remains in effect and during such other times as Tenant occupies the Premises or any part thereof, worker's compensation or similar insurance affording statutory coverage and containing statutory limits. If Tenant shall name the Trustee not comply with its covenants made in this Article 19.00, Landlord may immediately cause insurance as an additional insured or loss payeeaforesaid to be issued, and in such event Tenant agrees to pay, as applicableAdditional Rent, the premium for such insurance upon Landlord's demand. It is understood and agreed to by Landlord that if Tenant is self-insured it shall not be required to provide Landlord with policies of Insurance. However, Tenant shall provide that no such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery Landlord with evidence of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained thereinTenant's self-insurance.

Insurance Required. Throughout the term of this AgreementThe Obligor agrees to secure, the Borrower shall maintain and keep the Collateral Property continuously insured against in force at all times the following risks, paying as the same become due and payable all premiums with respect theretopolicies of insurance: (a) insurance Throughout the course of construction of the Series 2004 Project, if any, builder’s completed value risk insurance, in non-reporting form, against loss or damage to all risks of physical loss, including collapse, covering the Property by all perilstotal value of work performed and equipment, with uniform standard extended coverage endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time in use in the State, to such extent as is necessary to provide supplies and materials furnished for the full insurable value, but with deductible clauses in such amounts as are customary for facilities of similar size and character within the State;Series 2004 Project (including on-site stored materials). (b) comprehensive general accident Upon substantial completion of construction of the Series 2004 Project, fire and public liability extended coverage insurance (and such other hazard insurance as the Bondowners, as evidenced by Bondowner Consent, shall require) covering the Series 2004 Project (and all other property secured by the Collateral Documents) in an amount equal to the full replacement cost of the Series 2004 Project and improvements thereon including coverage for all losses arising from the ownership or use cost of debris removal (exclusive of the cost of excavations, foundations and footings below the lowest basement floor), and in any vehicle) providing coverage limits (including deductible clauses) of not less than the coverage limits customarily carried by owners or operators of facilities of similar size and character within the State;event shall be maintained in amounts sufficient to avoid co-insurance. (c) fidelity Comprehensive general liability insurance or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and to such extent as are customarily carried by organizations similar satisfactory to the Borrower Bondowners, as evidenced by Bondowner Consent, against claims and operating properties similar liabilities for injury or damage to persons or property occurring on, in size or about the Series 2004 Project and character to the facilities of the Borrower; andadjoining streets, sidewalks and passageways. (d) workers’ compensation insuranceUpon substantial completion of construction of the Series 2004 Project, disability benefits business interruption and loss of “rental value” insurance and such other forms in an amount sufficient to cover 100% of insurance the potential gross income from the Series 2004 Project for a period of at least 12 months as projected by the Borrower is required Obligor with the approval of the Bondowners, as evidenced by law to provide with respect Bondowner Consent. (e) Upon written notice of any Bondowner to the Property. The insurance policies required by this Section may be evidenced by individual policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part portion of the foregoing requirements if Series 2004 Project is located in a flood plain, flood insurance coverage in an amount acceptable to the Borrowers have received Bondowners, as evidenced by Bondowner Consent given to the Trustee and the Obligor. All policies of insurance shall be issued by companies satisfactory to the Bondowners, as evidenced by Bondowner Consent, and shall be in such form and contain such endorsements as the Bondowners, as evidenced by Bondowner Consent, shall require. All policies of insurance shall contain a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policieslender’s loss payable endorsement for the benefit of the Trustee and a mortgagee clause approved by the Trustee and showing the Trustee as first mortgagee without contribution. The Borrowers Obligor shall pay any fees charged by such Insurance Consultant. Any self-furnish the Trustee with copies of all policies of required insurance of the Borrowers existing on the date of execution of this Agreement may continue without and satisfactory evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) premium payments and renewals at least thirty (30) 30 days prior to the expiration of any each such policy. All such policies evidence as to shall contain a provision that the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured same will not be cancelled or loss payee, as applicable, and shall provide that no such policy may be terminated modified without thirty (30) 30 days’ prior written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained therein.

Insurance Required. Throughout (a) The City will, during the term of this AgreementLease Term, cause the Borrower shall keep the Collateral Leased Property to be kept continuously insured against such risks customarily insured against for facilities such as the following risksLeased Property and will pay (except as otherwise provided herein), paying as the same become due and payable due, all premiums with in respect theretothereof, such insurance to include the following policies of insurance: (a1) insurance Insurance insuring the Leased Property, including the improvements thereon, against loss or damage to by fire, lightning and all other risks covered by the Property by all perils, with uniform standard extended coverage insurance endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time then in use in the StateState in an amount not less than the Principal Portion of the Certificates then Outstanding and issued by such insurance company or companies authorized to do business in the State as may be selected by the City. The policy or policies of such insurance will name the City and the Trustee as insureds, to as their respective interests may appear. All proceeds from such extent policies of insurance will be applied as is necessary to provide for the full insurable value, but with deductible clauses provided in such amounts as are customary for facilities of similar size and character within the State;Article VIII. (b2) comprehensive Comprehensive general accident and public liability insurance (including coverage for all losses whatsoever arising from the ownership ownership, maintenance, operation or use of any automobile, truck or other motor vehicle) providing coverage limits (including deductible clauses) of ), under which the City and the Trustee are named as insureds, in an amount not less than $500,000 combined single limit for bodily injuries and property damage. (3) Workers’ compensation and unemployment coverages to the coverage limits customarily carried extent, if any, required by owners or operators the laws of facilities of similar size and character within the State;. (c4) fidelity Owner’s policy of title insurance, issued on ALTA forms by a title insurance or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and to such extent as are customarily carried by organizations similar underwriter acceptable to the Borrower and operating properties similar Underwriter, insuring the Trustee’s leasehold estate created by the Base Lease, in size and character the amount of $21,480,000*, subject only to exceptions acceptable to the facilities Underwriter, with endorsements and affirmative coverages reasonably required by the Underwriter, including comprehensive, nonmerger, validity of sublease, survey or in the Borrower; and absence of a survey, location, access, and contiguity endorsements, and otherwise in form and substance satisfactory to the Underwriter. Notwithstanding subsection (d) workers’ compensation insurancebelow, disability benefits the insurance and such other forms required pursuant to this subsection shall be maintained with an insurance company selected by the City with a rating of insurance as the Borrower is required at least “A” by law to provide with respect A.M. Best or S&P. (b) Not less than 15 days prior to the Property. The insurance expiration dates of the expiring policies, originals or copies of the policies required by this Section may or certificates evidencing such insurance will be evidenced delivered by individual policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render City to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments theretoTrustee. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability All policies of such insurance, the terms upon which and all renewals thereof, will contain a provision that such insurance is availablemay not be cancelled by the issuer thereof without at least 30 days’ written notice to the City and the Trustee (except that policies under subparagraph (a)(4) may be cancelled after no less than 10 days written notice). No later than 120 days after the end of each Fiscal Year, the cost of such available insurance and City will provide to the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as Trustee a result of such review, the Insurance Consultant finds current certificate evidencing that the existing coverage City is inadequate, taking into account in compliance with the availability requirements of such insurance, this Section. (c) Nothing in this Lease will be construed as preventing the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then City from satisfying the insurance coverage requirements herein set forth by using blanket policies of insurance or self-insurance provided by each and all of the requirements and specifications of this Section shall Lease respecting insurance are complied with. (d) The City may elect to be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate self–insured (for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured liability only) for all or any part of the foregoing requirements of this Section 6.01 if (1) the Borrowers have received maintenance of a written evaluation with respect to such separate segregated self-insurance programs from trust fund funded in an Insurance Consultant stating that such self-insurance is consistent with sound amount determined (initially and on at least an annual basis) by an independent actuary employing accepted actuarial techniques, and (2) the establishment and maintenance of a claims processing and risk management policiesprogram. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) No later than 120 days after the end of each Fiscal Year, the City shall cause an independent actuary to submit a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents report to the Trustee pursuant setting forth a determination, employing accepted actuarial techniques, of an adequate amount of reserves to this Section 6.3 is for safe keeping purposes only be maintained in the City’s self-insurance trust fund. The City shall immediately deposit any amount necessary to cause the self-insurance trust fund to be funded in the amount determined by the actuary. The City may not self-insure against casualty losses to any real or personal property owned, leased or used by it, including plant, property and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained thereinequipment.

Insurance Required. Throughout (a) Until payment of the Bonds shall be made, the Company shall maintain insurance on the Project with insurance companies licensed to do business in the State and the claims paying ability of which is rated in at least one of the two highest Best categories ("Eligible Insurer") of such kinds and in such scope and amounts as is customary with entities similar to the Company located in similar areas. Without limiting the generality of the foregoing, the Company shall at all times during the term of this Agreementthe Loans maintain with Eligible Insurers; (i) maintain general comprehensive liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Borrower shall keep Project or the Collateral Property continuously insured Project Site (such coverage to include provisions waiving subrogation against the following risks, paying as the same become due and payable all premiums Authority) in amounts not less than $3,000,000 with respect thereto:to bodily injury to any one Person, $3,000,000 with respect to bodily injury to two or more Persons in any one accident and, $3,000,000 with respect to property damage resulting from any one occurrence naming the Authority, as an additional insured. (aii) comprehensive casualty insurance against insuring loss or damage to the Property by all perils, with uniform standard extended coverage endorsement limited reason of casualty of any kind (except only as may be provided in limited by the standard form of extended coverage endorsement at the time in use used in the State) to the Project or the Collateral in a minimum amount equal to the greater of (x) the outstanding principal amount of the Bonds or (y) the replacement value thereof; (iii) during a construction period, to such extent as is necessary to provide for the full insurable if any, Builders' All Risk Insurance written in "100% builders risk completed value, but with deductible clauses non-reporting form" including coverage therein for "completion and/or premises occupancy", such insurance to be in the amounts specified in subparagraph (ii) above; (iv) business interruption insurance providing benefits for a minimum of the highest annual debt service payable on the Bonds; and (v) such other insurance in such amounts and against such insurable hazards as are customary for facilities of similar size and character within the State;Authority or the Trustee from time to time may reasonably request. (b) comprehensive general accident Each insurance policy obtained in satisfaction of the requirement of this section hereof: (i) shall be by such insurer (or insurers) as shall be financially responsible, qualified to do business in the State and public liability insurance (including coverage for all losses arising from the ownership or use of any vehicle) providing coverage limits (including deductible clauses) of not less than the coverage limits customarily carried by owners or operators of facilities of similar size and character within the Staterecognized standing; (cii) fidelity insurance or bonds on those of its officers and employees who handle funds of the Borrower, both shall be in such amounts form and to have such extent provisions as are customarily carried by organizations similar to generally considered standard provisions for the Borrower and operating properties similar in size and character to the facilities type of the Borrower; andinsurance involved; (diii) workers’ compensation insuranceshall prohibit cancellation or substantial modification, disability benefits insurance and such other forms of insurance as the Borrower is required by law to provide with respect to the Property. The insurance policies required by this Section may be evidenced by individual policies termination or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance lapse in coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower insurer without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior written notice to the Authority; (iv) without limiting the generality of the foregoing, policies carried on the Project and the Project Site shall name the Authority as an additional insured; (v) prior to expiration of any such policy, the Company shall furnish the Authority with evidence satisfactory to the Authority that the policy or certificates has been renewed or replaced in compliance with this Agreement. (c) In the event the Company shall fail to maintain the insurance coverage required by this Agreement, the Authority or the Trustee may (but shall be under no obligation to), after ten (10) days written notice to the Company unless cured within such ten (10) days, contract for the required policies of insurance and pay the premiums on the same and the Company agrees to reimburse the Authority or the Trustee to the extent of the amounts so advanced with interest thereon at the maximum rate permitted by law. (d) At all times during the term of this Loan Agreement, the Company shall comply with the laws of the State relating to workers' compensation with respect to the Project. (e) At all times during the term of this Loan Agreement, the Company shall keep in effect a policy of flood insurance for any part of the Premises and any improvements upon the Premises lying or being within a designated flood-plain in the amount and with the insurer specified in subparagraph (a) above. (f) Each of the policies or binders evidencing the insurance required above to be obtained shall: (i) designate the Trustee and the Authority as additional insureds as their respective interests may appear; (ii) provide that all insurance proceeds with respect to loss or damage to the property of the Project or the Collateral be endorsed and made payable to the Trustee and shall name the Trustee as a loss payee under the standard loss payee clause, which insurance proceeds shall be paid over to the Trustee; (iii) provide that there shall be no recourse against the Authority or the Trustee for the payment of premiums or commissions or (if such policies or binders provide for the payment thereof) additional premiums or assessments; (iv) provide that in respect of the respective interests of the Authority and the Trustee in such policies, the insurance shall not be invalidated by any action or inaction of the Company or any other Person and shall insure the Authority and the Trustee regardless of, and any losses shall be payable notwithstanding, any such action or inaction; (v) provide that such insurance shall be primary insurance without any right of contribution from any other insurance carried by the Authority or the Trustee to the extent that such other insurance provides the Authority or the Trustee, as the case may be, with contingent and/or excess liability insurance with respect to its respective interest as such; (vi) provide that if the insurers cancel such insurance for any reason whatsoever, including the insured's failure to pay any accrued premium, or the same is allowed to lapse or expire, or there be any reduction in amount, or any material change is made in the coverage, such cancellation, lapse, expiration, reduction or change shall not be effective as to the Authority, or the Trustee until at least thirty (30) days after receipt by the Authority and the Trustee, respectively, of written notice by such insurers of such cancellation, lapse, expiration or change; (vii) waive any right of subrogation of the insurers thereunder against any Person insured under such policy, and waive any right of the insurers to any setoff or counterclaim or any other deduction, whether by attachment or otherwise, in respect of any liability of any Person insured under such policy; and (viii) contain such other terms and provisions as any owner or operator of facilities similar to the Company's would, in the prudent management of its properties, require to be contained in policies, binders or interim insurance contracts with respect to facilities similar to the Project owned or operated by it. (g) Concurrently with the original issuance of the Bonds, the Company shall deliver or cause to be delivered to the Authority and the Trustee duplicate copies of insurance policies and/or binders evidencing compliance with the insurance requirements of this Section. At least thirty (30) Business Days prior to the expiration of any such policies policy, the Company shall furnish the Authority and the Trustee with evidence as to the renewal thereof, if then that such policy has been renewed or replaced or is no longer required by this SectionAgreement. (h) The Company shall, at its own cost and the payment expense, make all proofs of loss and take all premiums then due with respect thereto; and (c) promptly upon request other steps necessary or reasonably requested by the TrusteeAuthority or the Trustee to collect from insurers for any loss covered by any insurance required to be obtained by this Section. The Company shall not do any act, but in or suffer or permit any case act to be done, whereby any insurance required by this Section would or might be suspended or impaired. (i) The Trustee shall be supplied with an annual certificate, within ninety thirty (9030) days after the end close of each the Company's Fiscal Year, a certificate of an Authorized Representative of certifying that the Borrower setting forth Company is in compliance with this Section 6.02 and that the particulars as to all insurance policies required to be maintained by the Borrower pursuant to Company under this Section and certifying that such insurance policies are still in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained therein.

Insurance Required. Throughout At all times that any Bond is Outstanding and/or the term Issuer is the owner of the Project Facility, the Company shall maintain or, with respect to the insurance required by Subsection (E) of this AgreementSection 6.3, cause the Borrower shall keep general contractor to maintain, insurance with respect to the Collateral Property continuously Project Facility against such risks and for such amounts as are customarily insured against the following risksby businesses of like size and type, paying paying, as the same become due and payable payable, all premiums with respect thereto, including, but not necessarily limited to: (a1) Prior to completion of the Project Facility, builder's all-risk (or equivalent coverage) insurance upon any work done or material furnished in connection with the reconstruction and equipping of the Project Facility with extended coverage for vandalism, malicious mischief, debris removal and collapse insurance endorsements issued to the Company and the Issuer as insured, and the Bank as mortgagee and loss payee under a New York standard mortgagee clause, and written in one hundred percent (100%) non-reporting completed form with fire and extended coverage in the Stated Amount, and (2) with respect to the Project Facility, at such time that builder's risk insurance shall not be available due to the completion of the Project Facility, insurance protecting the interests of the Company and the Issuer as insured and the Bank and as mortgagee and loss payee, as its interest may appear, against loss or damage to the Property Project Facility by all perilsfire, lightning, vandalism, malicious mischief and other perils normally insured against with a uniform standard extended coverage endorsement limited only as may endorsement, such insurance at all times to be provided in the standard form of extended coverage endorsement at the time in use in the State, to such extent as is necessary to provide for the full insurable value, but with deductible clauses in such amounts as are customary for facilities of similar size and character within the State; (b) comprehensive general accident and public liability insurance (including coverage for all losses arising from the ownership or use of any vehicle) providing coverage limits (including deductible clauses) of an amount not less than the coverage limits customarily carried greater of the total principal amount of the Bonds Outstanding or the total cash replacement cost of the Project Facility, exclusive of footings and foundations as determined at least once every three (3) years by owners a recognized appraiser or operators insurer selected by the Company; provided, however, that the Company may, with the consent of facilities the Bank (such consent not to be unreasonably withheld or delayed) insure all or a portion of similar size and character within the State;Project Facility under a blanket insurance policy or policies covering not only the Project Facility or portions thereof but other Property. (cB) fidelity insurance or bonds on those of its officers and employees who handle funds of To the Borrowerextent applicable, both in such amounts and to such extent as are customarily carried by organizations similar to the Borrower and operating properties similar in size and character to the facilities of the Borrower; and (d) workers’ ' compensation insurance, disability benefits insurance and such other forms of insurance as which the Borrower Company is required by law to provide with respect provide, covering loss resulting from injury, sickness, disability or death of employees of the Company who are located at or assigned to the Property. The insurance policies required by this Section may be evidenced by individual policies Project Facility or by an umbrella policy. At least every three years from July 1, 2022who are responsible for the reconstruction and construction of the Facility or the installation of the Equipment. (C) Insurance protecting the Company, the Borrower shall employIssuer and the Bank against loss or losses from liabilities imposed by law or assumed in any written contract (including, at its expensewithout limitation, an Insurance Consultant to review the insurance coverage required contractual liability assumed by this Section the Company under Sections 8.2, 8.12 and to render 8.13 of the Installment Sale Agreement) and arising from personal injury or death or damage to the Borrower Property of others caused by any accident or occurrence, with limits of not less than $2,000,000 per person per accident or occurrence on account of personal injury, including death resulting therefrom, and the Trustee a report as $2,000,000 per accident or occurrence on account of damage to the adequacy Property of such coverage others, excluding liability imposed upon the Company by any applicable workers' compensation law, and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted a separate umbrella liability policy with a limit of not less than $5,000,000. (D) If the Project Facility is located within an area identified by the Borrower without Secretary of Housing and Urban Development as having special flood hazards, insurance against loss by floods in an amount at least equal to the consent total principal amount of the Trustee; provided that all coverages after such reduction Bonds Outstanding or other adjustment are certified by to the Insurance Consultant to be adequate and appropriate for facilities maximum limit of like size and typecoverage made available, taking into account whichever is less. (E) During the availability of such insuranceConstruction Period, the terms upon which such insurance is available, general contractor and any subcontractor constructing and equipping the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section Project Facility shall be increased or otherwise adjusted by the Borrowers. The required to carry workers' compensation and general comprehensive liability insurance containing coverages for premises operations, products and completed operations, explosion, collapse and underground damage hazard, contractor's protective, owner's protective and coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all owned, non-owned and hired vehicles with non-ownership protection from the general contractor or any part of subcontractor's employees providing the foregoing requirements if the Borrowers have received a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: following minimum limits: (a) upon Workers' compensation and employer's liability - in accordance with applicable law, covering loss resulting from injury, sickness, disability and death of employees located at or assigned to the commencement Facility or who are responsible for the construction of the term Facility or the installation of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; Equipment. (b) at least thirty comprehensive general liability: (30i) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required Bodily injury liability in an amount not less than $1,000,000 for each accident and not less than $5,000,000 for injuries sustained by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but two or more persons in any case within ninety one accident. (90ii) days after Property damage liability in an amount not less than $1,000,000 for each accident and not less than $5,000,000 in the end of aggregate for each Fiscal Year, a certificate of an Authorized Representative year of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained thereinperiod.

Insurance Required. Throughout Without limiting, and as security for, TENANT'S Indemnity contained in this document, TENANT will, (unless otherwise maintained by LANDLORD and nonetheless subject to TENANTS reimbursement obligations hereunder) obtain general Liability insurance and the LANDLORD shall be so named as an additional insured in any such policies with respect to the Premises in commercially reasonable amounts equaling or exceeding one million dollars ($1,000,000). TENANT also will maintain (i) workmen's compensation insurance in the amount of TENANT'S full statutory liability, if any, and (ii) physical damage insurance with respect to any BANC ONE INVESTMENT MANAGEMENT GROUP COMMERCIAL LEASE AGREEMENT improvements, equipment, fixtures, and other installations TENANT is obligated to restore by the express provisions of this document. As and when required by LANDLORD for any installation, maintenance, or restoration by TENANT pursuant to the express provisions of this document, TENANT also will maintain physical damage insurance with respect to such work or installation, or both, as the case may be. TENANT shall not carry any stock of goods or do anything in or about the demised premises which will in any way tend to increase the insurance rates on said premises. TENANT agrees to pay additional rent equal to any increase in fire insurance premiums that may be charged during the term of this AgreementLease on the amount of insurance carried by LANDLORD on said total premises where such increase results from the business carried on by TENANT on the demised premises, the Borrower shall keep the Collateral Property continuously insured against the following risks, paying as the same become due and payable all premiums with respect thereto: (a) insurance against loss whether or damage not LANDLORD has contented to the Property by all perilssame. TENANT shall not install any electrical equipment that overloads the wiring, with uniform standard extended coverage endorsement limited only as may be provided panels, etc., in the standard form of extended coverage endorsement demised premises. TENANT shall make at the time in use in the State, to such extent as is his own expense whatever changes are necessary to provide for the full insurable value, but with deductible clauses in such amounts as are customary for facilities of similar size and character within the State; (b) comprehensive general accident and public liability insurance (including coverage for all losses arising from the ownership or use of any vehicle) providing coverage limits (including deductible clauses) of not less than the coverage limits customarily carried by owners or operators of facilities of similar size and character within the State; (c) fidelity insurance or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and to such extent as are customarily carried by organizations similar to the Borrower and operating properties similar in size and character to the facilities of the Borrower; and (d) workers’ compensation insurance, disability benefits insurance and such other forms of insurance as the Borrower is required by law to provide with respect to the Property. The insurance policies required by this Section may be evidenced by individual policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance comply with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to Underwriters or the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained thereingovernmental authorities having jurisdiction.

Insurance Required. Throughout the term of this Agreement, the (a) Borrower shall keep cause to be maintained, in full force and effect on all property of Borrower including, without limitation, all Inventory and Equipment, insurance in such amounts against such risks as is reasonably satisfactory to Lender, including, but without limitation, business interruption, fire, boiler, theft, burglary, pilferage, vandalism, malicious mischief, loss in transit, director’s and officer’s insurance in an amount no less than the Collateral Property continuously insured against maximum Revolving Loan Commitment of $3,000,000, hazard insurance and, if as of the following risksdate hereof, paying any of the real property of Borrower is in an area that has been identified by the Secretary of Housing and Urban Development as having special flood or mudslide hazards, and on which the same become due and payable all premiums with respect theretosale of flood insurance has been made available under the National Flood Insurance Act of 1968, then Borrower shall maintain flood insurance. Said policy or policies shall: (ai) insurance against loss or damage Be in a form and with insurers which are satisfactory to the Property by all perils, with uniform standard extended coverage endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time in use in the State, to such extent as is necessary to provide for the full insurable value, but with deductible clauses in such amounts as are customary for facilities of similar size and character within the StateLender; (bii) comprehensive general accident Be for such risks, and public liability insurance (including coverage for all losses arising from such insured values as Lender or its assigns may reasonably require in order to replace the ownership property in the event of actual or use of any vehicle) providing coverage limits (including deductible clauses) of not less than the coverage limits customarily carried by owners or operators of facilities of similar size and character within the Stateconstructive total loss; (ciii) fidelity insurance Designate Lender as additional insured and loss payee as Lender’s interest may from time to time appear; (iv) Contain a clause whereby the Lender and any assignee of Lender has the right to receive loss payment even if the Lender or bonds its assignee has started foreclosure or similar action on those property covered by the insurance; (v) Contain a clause whereby if the insurer denies a claim by Borrower because of its officers and employees who handle funds Borrower’s acts or because Borrower failed to comply with any of the Borrower, both in such amounts and to such extent as are customarily carried by organizations similar to the Borrower and operating properties similar in size and character to the facilities terms of the Borrowerinsurance coverage, the Lender and any assignee of Lender will nonetheless have the right to receive loss payment if the Lender or its assignee: (A) Pays any premium due under the insurance at the insurer’s request if Borrower has failed to do so; and (dB) workers’ compensation insuranceSubmits a signed, disability benefits insurance and such sworn proof of loss within 60 days after receiving notice from the insurer of Borrower’s failure to do so. (vi) Contain a “breach of warranty clause” whereby the insurer agrees that a breach of the insuring conditions or any negligence by Borrower or any other forms of person shall not invalidate the insurance as the Borrower is required by law to provide with respect to the Property. The insurance policies required by this Section Lender and its assignee; (vii) Provide that they may not be evidenced by individual policies canceled or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower altered without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior written notice to the expiration of any Lender; and (viii) Upon demand, be delivered to Lender. (b) Borrower shall obtain such policies evidence additional insurance as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and Lender may reasonably require. (c) promptly Borrower shall, in the event of loss or damage, forthwith notify Lender and file proofs of loss with the appropriate insurer. Borrower hereby authorizes Lender to endorse any checks or drafts constituting insurance proceeds. (d) Borrower shall forthwith upon request by receipt of insurance proceeds endorse and deliver the Trustee, but same to Lender. (e) In no event shall Lender be required either to (i) ascertain the existence of or examine any insurance policy or (iii) advise Borrower in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that event such insurance policies are in full force and effect, that such policies coverage shall not comply with the provisions requirements of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained thereinAgreement.

Insurance Required. Throughout The City will, during the term of this AgreementLease Term, cause the Borrower shall keep the Collateral Property Project to be kept continuously insured against such risks customarily insured against for facilities such as the following risksProject and will pay (except as otherwise provided herein), paying as the same become due and payable due, all premiums with in respect theretothereof, such insurance to include the following policies of insurance: (a) insurance Insurance insuring the Improvements and the Personal Property against loss or damage to by fire, lightning and all other risks covered by the Property by all perils, with uniform standard extended coverage insurance endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time then in use in the StateState in an amount not less than the Principal Portion of the Certificates then Outstanding and issued by such insurance company or companies authorized to do business in the State as may be selected by the City. The policy or policies of such insurance will name the City and the Trustee as insureds, as their respective interests may appear. All proceeds from such policies of insurance will be applied as provided in Article IX. During acquisition, construction and installation of the Improvements and the Personal Property, the City will cause to such be provided, insofar as the Improvements and Personal Property are concerned, the insurance required by subparagraph (b) below in lieu of the insurance required by this Section 7.01 (a) to the extent as is necessary to provide for the full insurable value, but with deductible clauses in such amounts as are customary for facilities of similar size and character within the State;appropriate. (b) comprehensive To the extent appropriate, during the acquisition, construction and installation of the Improvements and Personal Property and in lieu of the insurance required in Section 7.01(a), builder’s risk-completed value insurance insuring the Improvements and Personal Property against fire, lightning and all other risks covered by the extended coverage endorsement then in use in the State to the full insurable value of the Improvements and Personal Property (subject to reasonable loss deductible clauses) issued by such insurance company or companies authorized to do business in the State as may be selected by the City. Such policy or policies of insurance will name the City and the Trustee as insureds, as their respective interests may appear, and all payments received under such policy or policies by the City will be paid over to the Trustee. (c) Comprehensive general accident and public liability insurance (including coverage for all losses whatsoever arising from the ownership ownership, maintenance, operation or use of any automobile, truck or other motor vehicle) providing coverage limits (including deductible clauses) of ), under which the City and the Trustee are named as insureds, in an amount not less than the coverage limits customarily carried by owners or operators of facilities of similar size $500,000 combined single limit for bodily injuries and character within the State; (c) fidelity insurance or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and to such extent as are customarily carried by organizations similar to the Borrower and operating properties similar in size and character to the facilities of the Borrower; andproperty damage. (d) workersWorkers’ compensation insuranceand unemployment coverages to the extent, disability benefits insurance and such other forms of insurance as the Borrower is if any, required by law to provide the laws of the State. (e) Performance and labor and material payment bonds with respect to the PropertyConstruction Agreements and the Contracts in the full amount of the Construction Agreements and the Contracts from surety companies qualified to do business in the State. The insurance Not less than 15 days prior to the expiration dates of the expiring policies, originals or copies of the policies required by this Section may 7.01 or certificates evidencing such insurance will be evidenced delivered by individual policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render City to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments theretoTrustee. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability All policies of such insurance, the terms upon which and all renewals thereof, will contain a provision that such insurance is availablemay not be cancelled by the issuer thereof without at least 60 days’ written notice to the City and the Trustee. Not less than annually, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as City will provide a result of such review, the Insurance Consultant finds current certificate evidencing that the existing coverage City is inadequate, taking into account in compliance with the availability requirements of such insurance, this Section to the terms upon which such insurance is available, Trustee. Nothing in this Lease will be construed as preventing the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then City from satisfying the insurance coverage requirements herein set forth by using blanket policies of insurance or self-insurance provided by each and all of the requirements and specifications of this Section shall be increased or otherwise adjusted by the BorrowersLease respecting insurance are complied with. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times City may elect to be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-self–insured for all or any part of the foregoing requirements of this Section 7.01 if (1) the Borrowers have received City annually obtains a written evaluation with respect to such self-insurance programs program from an individual or firm selected by the City and acceptable to the Trustee qualified to survey risks and to recommend insurance coverage for entities engaged in operations similar to those of the City and having a favorable reputation for skill and experience in making such surveys and recommendations (an “Insurance Consultant stating Consultant”), (2) the evaluation is to the effect that such the self-insurance program is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained therein.sound,

Insurance Required. Throughout Without limiting the Service Provider’s indemnification obligation and in addition thereto, the Service Provider shall secure and maintain in force throughout the term of this AgreementAgreement the following types of insurance with limits as shown. By requiring such minimum insurance, the Borrower AOC shall keep not be deemed or construed to have assessed the Collateral Property continuously insured against risks that may be applicable to the following risksService Provider under this Agreement. The Service Provider shall assess its own risks and if it deems appropriate and/or prudent, paying maintain greater limits and/or broader insurance coverage. Each insurance policy, other than the Professional Liability policy, shall be written on an "occurrence" form. The Professional Liability policy may be written on a "claims made" form. (i) Workers' compensation Insurance—At statutory minimums, including employers' liability coverage with limits not less than $1,000,000 for each accident, $1,000,000 as the same become due aggregate disease policy limit, and payable all premiums with respect thereto:$1,000,000 as the disease policy limit for each employee. This coverage shall not be required where the Service Provider has no employees. (aii) insurance against loss or damage to the Property by all perils, with uniform standard extended coverage endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time in use in the State, to such extent as is necessary to provide for the full insurable value, but with deductible clauses in such amounts as are customary for facilities of similar size and character within the State; (b) comprehensive general accident and public liability Commercial General Liability insurance (including coverage for all losses arising from and if required Excess liability or Umbrella Liability insurance) -- written on an occurrence form covering the ownership or use of any vehicle) providing coverage Contractor, the AOC and the State parties, and subcontractors with limits (including deductible clauses) of not less than $2,000,000 per occurrence and a $2,000,000 per location annual aggregate limit of liability for bodily injury and property damage liability combined that is applicable solely to the Work being performed under this Contract. The policy shall include coverage limits customarily carried by owners for liabilities arising out of premises and operations, independent contractors, products and completed operations, personal and advertising injury, and liability assumed under an insured contract. The policy shall not exclude liability for property damage resulting from explosion, collapse or operators underground hazard, or for inadvertent defects to the Work being performed. This insurance shall apply separately to each insured against whom a claim is made or lawsuit is brought subject to the insurance policy limit of facilities of similar size and character within the State;liability. (ciii) fidelity insurance Commercial or bonds on those Business Automobile Liability Insurance — Covering liability arising out of its officers a motor vehicle, including owned, non-owned, leased, and employees who handle funds hired vehicles assigned to or used in connection with the Project. The policy shall provide combined single limits of not less than $2,000,000 per accident or loss. (iv) Professional Liability Insurance; Errors and Omissions Insurance — Covering the BorrowerService Provider's acts, both in such amounts errors or omissions committed or alleged to have been committed which arise out of rendering or failure to render the Services provided under the terms of this Agreement. The policy shall provide limits of not less than $2,000,000 per claim or per occurrence and to such extent as are customarily carried by organizations similar $2,000,000 annual aggregate applicable solely to the Borrower and operating properties similar in size and character to Work being performed under this Contract. If the facilities of the Borrower; and (d) workers’ compensation insurance, disability benefits insurance and such other forms of insurance as the Borrower policy is required by law to provide with respect to the Property. The insurance policies required by this Section may be evidenced by individual policies or by an umbrella policy. At least every three years from July 1, 2022written on a "claims made" form, the Borrower Service Provider shall employcontinue such coverage, at its expense, either through policy renewals or the purchase of an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendationsextended discovery period, if any, for adjustments thereto. The insurance such extended coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received a written evaluation with respect to such self-insurance programs not less than three (3) years from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution completion of the Work which is the subject of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk managementContract. The Borrowers shall deliver to retroactive date or "prior acts inclusion date" of any such "claims made" policy must be no later than the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain date that Work commences pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained thereinContract.

Insurance Required. (a) The Lessee acknowledges and agrees that the Issuer shall have no obligation to insure the Project or any part thereof, and no responsibility for any damage or destruction thereof. Throughout the Lease Term, the Lessee shall cause the Project to be insured against such property and personal injury risks as is consistent with its insurance practices in effect from time to time, including self insurance, and Lessee shall procure and maintain at its expense a commercial general liability policy covering claims for bodily injury, death or property damage occurring upon, in or about the Property in an amount not less than $1,000,000 per occurrence and $3,000,000 in the aggregate with no deductible or self insurance retention, and an umbrella liability policy in the amount of $25,000,000. In lieu of separate insurance policies, such insurance may be in the form of a blanket insurance policy or policies of the Lessee. Insurance policies may be written with reasonable deductible amounts and with exceptions and exclusions as the Lessee deems necessary in the normal course of its business. The Issuer and the Trustee shall be named as additional insureds under any general liability insurance policy or policies, as their respective interests may appear, and certificates of insurance reflecting the Issuer and the Trustee as additional insureds under such policy or policies shall be delivered to the Issuer and the Trustee in connection with the execution of this Lease and annually thereafter upon written request to Lessee. The Trustee shall have no duty to review or analyze such insurance policies and shall hold such insurance policies solely as a repository for the benefit of the bondholders; the Trustee shall not be deemed to have notice of any information contained therein or event of default which may be disclosed therein in any manner. The Issuer and the Trustee shall be provided thirty days’ written notice of cancellation of any such insurance policies. (b) Issuer shall have the right, but not the obligation, to obtain a separate liability policy or policies covering the Project with the Issuer as the named insured thereunder. In the event the Issuer shall elect at any time during the term of this AgreementLease to obtain a separate liability insurance policy or policies covering the Project with the Issuer as the named insured thereunder, the Borrower insurance premium for such policy or policies shall keep be allocated among the Collateral Property continuously insured against projects covered under such policy or policies, and Lessee agrees to pay its pro rata share of the following risks, paying as the same become due premium for such liability insurance not to exceed $7,500.00 in any year (and payable all premiums with respect thereto: (a) insurance against loss or damage to the Property by all perils, with uniform standard extended coverage endorsement limited only as may such maximum annual amount shall be provided prorated in the standard form of extended coverage endorsement at the time in use in the State, to such extent as is necessary to provide for the full insurable value, but with deductible clauses in such amounts as are customary for facilities of similar size and character within the State; (b) comprehensive general accident and public liability insurance (including coverage for all losses arising from the ownership or use case of any vehicle) providing coverage limits (including deductible clauses) of not less than the coverage limits customarily carried by owners or operators of facilities of similar size and character within the State; (c) fidelity insurance or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and to such extent as are customarily carried by organizations similar to the Borrower and operating properties similar in size and character to the facilities of the Borrower; and (d) workers’ compensation insurance, disability benefits insurance and such other forms of insurance as the Borrower is required by law to provide with respect to the Property. The insurance policies required by this Section may be evidenced by individual policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy partial year of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of partial year during the term of this Agreement, the originals or certified copies thereof Lease). Lessee shall pay its pro rata share of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least such premium for any year within thirty (30) days prior after receipt by Lessee of a statement therefor together with back-up information regarding the amount of such premium and the calculation of Lessee’s pro rata share thereof. Lessee shall be an additional insured under any such liability insurance policy or policies obtained by the Issuer, and annually upon written request to the expiration of any such policies evidence as to Issuer, the renewal thereof, if then required by this Section, and the payment of all premiums then due Issuer shall provide Lessee with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee reflecting Lessee as an additional insured under such policy or loss payee, as applicable, and policies. The Issuer’s own liability insurance shall provide that no such policy may be terminated without thirty (30) days’ written notice to for the Trustee. Delivery of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt waiver of the foregoing shall not imply a duty on the part insurers’ rights of the Trustee to review, evaluate or analyze the information contained thereinsubrogation against Lessee where such waivers are possible.

Insurance Required. Throughout The City will, during the term of this AgreementLease Term, cause the Borrower shall keep the Collateral Property Facilities to be kept continuously insured against such risks customarily insured against for facilities such as the following risksFacilities and will pay (except as otherwise provided herein), paying as the same become due and payable due, all premiums with in respect theretothereof, such insurance to include the following policies of insurance: (a) insurance Insurance insuring the Facilities against loss or damage to by fire, lightning and all other risks covered by the Property by all perils, with uniform standard extended coverage insurance endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time then in use in the State, State in an amount not less than the lesser of an amount equal to such extent as is necessary to provide for the full insurable valuevalue thereof or then applicable purchase price under Section 10.1 (subject to reasonable loss deductible clauses) issued by such insurance company or companies authorized to do business in the State as may be selected by the City. The full insurable value of the Facilities may be determined from time to time at the request of the City or the Bank (but not less frequently than every five years) by an architect, contractor, appraiser, appraisal company or one of the insurers, to be selected, subject to the Bank’s approval, and paid by the City. The policy or policies of such insurance will name the City and the Bank as insureds and loss payees. All proceeds from such policies of insurance will be applied as provided in Article XI. During completion of the Improvements, the City may cause to be provided, insofar as the Improvements are concerned, the insurance required by subparagraph (b) below in lieu of the insurance required by this subparagraph (a); (b) During the completion of the Improvements and in lieu of the insurance required in subparagraph (a) of this Section, builder’s risk-completed value insurance insuring the Improvements against fire, lightning and all other risks covered by the extended coverage endorsement then in use in the State to the full insurable value of the Improvements (subject to reasonable loss deductible clauses), but with deductible clauses in no event will such amounts amount be less than the amount necessary to prevent the application of any co-insurance provisions, issued by such insurance company or companies authorized to do business in the State as may be selected by the City. Such policy or policies of insurance will name the City and the Bank as insureds and loss payees, and all payments received under such policy or policies by the City will be paid over to the Bank; (c) Comprehensive general accident and public liability insurance, under which the City and the Bank are customary named as insureds, in an amount not less than the limitation on awards for facilities liability in effect from time to time under Section 537.610, RSMo.; (d) Workers’ compensation and unemployment coverages to the extent, if any, required by the laws of similar size and character within the State; (be) comprehensive general accident Labor and public liability material payment bonds, to the extent required by law, with respect to the contracts for the construction of the Improvements; and (f) If the Site is located in an area designated as a flood-prone area as defined by the Federal Emergency Management Agency pursuant to The Flood Disaster Protection Act of 1973, flood insurance (including coverage for all losses arising from the ownership or use of any vehicle) providing coverage limits (including deductible clauses) of in an amount not less than the coverage limits customarily carried by owners or operators lesser of facilities of similar size and character within an amount equal to the State; (c) fidelity insurance or bonds on those of its officers and employees who handle funds full insurable value of the BorrowerFacilities for such purposes or the then applicable Purchase Price (subject to reasonable loss deductible clauses), both the full insurable value to be determined from time to time as provided in such amounts and to such extent as are customarily carried by organizations similar subparagraph (a) of this Section. Not less than 15 days prior to the Borrower and operating properties similar in size and character to the facilities expiration dates of the Borrower; and (d) workers’ compensation insuranceexpiring policies, disability benefits insurance and such other forms originals or copies of insurance as the Borrower is required by law to provide with respect to the Property. The insurance policies required by this Section may or certificates evidencing such insurance will be evidenced delivered by individual policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render City to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments theretoBank. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability All policies of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal renewals thereof, will contain a provision (if then required by this Section, and obtainable from the payment of all premiums then due with respect thereto; and (cchosen insurer) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with may not be cancelled by the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated issuer thereof without thirty (30) days’ at least ten days written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only City and the Trustee’s receipt Bank. Nothing in this Lease Purchase Agreement will be construed as preventing the City from satisfying the insurance requirements herein set forth by using blanket policies of insurance provided each and all of the foregoing shall not imply a duty on the part requirements and specifications of the Trustee to review, evaluate or analyze the information contained thereinthis Lease Purchase Agreement respecting insurance are complied with.

Insurance Required. Throughout (a) The City will, during the term of this AgreementLease Term, cause the Borrower shall keep the Collateral Leased Property to be kept continuously insured against such risks customarily insured against for facilities such as the following risksLeased Property and will pay (except as otherwise provided herein), paying as the same become due and payable due, all premiums with in respect theretothereof, such insurance to include the following policies of insurance: (a1) insurance Insurance insuring the Leased Property against loss or damage to by fire, lightning and all other risks covered by the Property by all perils, with uniform standard extended coverage insurance endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time then in use in the StateState in an amount not less than the Principal Portion of the Certificates then Outstanding and issued by such insurance company or companies authorized to do business in the State as may be selected by the City. The policy or policies of such insurance will name the City and the Trustee as insureds, as their respective interests may appear. All proceeds from such policies of insurance will be applied as provided in Article IX. (2) To the extent appropriate, during the renovation of the Project and in lieu of the insurance required in subparagraph (1) of this Section, builder’s risk-completed value insurance insuring the Project against fire, lightning and all other risks covered by the extended coverage endorsement then in use in the State to such extent as is necessary to provide for the full insurable valuevalue of the Project (subject to reasonable loss deductible clauses) issued by such insurance company or companies authorized to do business in the State as may be selected by the City. Such policy or policies of insurance will name the City and the Trustee as insureds, but with deductible clauses in as their respective interests may appear, and all payments received under such amounts as are customary for facilities of similar size and character within policy or policies by the State;City will be paid over to the Trustee. (b3) comprehensive Comprehensive general accident and public liability insurance (including coverage for all losses whatsoever arising from the ownership ownership, maintenance, operation or use of any automobile, truck or other motor vehicle) providing coverage limits (including deductible clauses) of ), under which the Trustee and the City are named as insureds, in an amount not less than $500,000 combined single limit for bodily injuries and property damage. (4) Workers’ compensation and unemployment coverages to the coverage limits customarily carried extent, if any, required by owners or operators the laws of facilities of similar size and character within the State;. (c5) fidelity Owner’s policy of title insurance, issued on ALTA forms by a title insurance or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and to such extent as are customarily carried by organizations similar underwriter acceptable to the Borrower and operating properties similar Underwriter, insuring the Trustee’s leasehold estate created by the Base Lease, in size and character the amount of $ , subject only to exceptions acceptable to the facilities Underwriter, with endorsements and affirmative coverages reasonably required by the Underwriter, including comprehensive, nonmerger, validity of sublease, creditors’ rights, survey or in the Borrower; andabsence of a survey, location, access, and contiguity endorsements, and otherwise in form and substance satisfactory to the Underwriter. (d6) workers’ compensation insurance, disability benefits insurance Performance and such other forms of insurance as the Borrower is required by law to provide labor and material payment bonds with respect to the PropertyConstruction Agreements in the full amount of the Construction Agreements from surety companies qualified to do business in the State. The Notwithstanding Subsection (d) below, the insurance required pursuant to this Subsection shall be maintained with an insurance company selected by the City with a rating of at least “A” by A.M. Best or S&P. (b) Not less than 15 days prior to the expiration dates of the expiring policies, originals or copies of the policies required by this Section may or certificates evidencing such insurance will be evidenced delivered by individual policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render City to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments theretoTrustee. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability All policies of such insurance, the terms upon which and all renewals thereof, will contain a provision that such insurance is availablemay not be cancelled by the issuer thereof without at least 30 days’ written notice to the City and the Trustee (except that policies under subparagraph (a)(4) may be cancelled after no less than 10 days written notice). No later than 120 days after the end of each Fiscal Year, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as City will provide a result of such review, the Insurance Consultant finds current certificate evidencing that the existing coverage City is inadequate, taking into account in compliance with the availability requirements of such insurance, this Section to the terms upon which such insurance is available, Trustee. (c) Nothing in this Lease will be construed as preventing the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then City from satisfying the insurance coverage requirements herein set forth by using blanket policies of insurance or self-insurance provided by each and all of the requirements and specifications of this Section shall Lease respecting insurance are complied with. (d) The City may elect to be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate self–insured (for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured liability only) for all or any part of the foregoing requirements of this Section 7.01 if (1) the Borrowers have received maintenance of a written evaluation with respect to such separate segregated self-insurance programs from trust fund funded in an Insurance Consultant stating that such self-insurance is consistent with sound amount determined (initially and on at least an annual basis) by an independent actuary employing accepted actuarial techniques and (2) the establishment and maintenance of a claims processing and risk management policiesprogram. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) No later than 120 days after the end of each Fiscal Year, the City shall cause an independent actuary to submit a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents report to the Trustee pursuant setting forth a determination, employing accepted actuarial techniques, of an adequate amount of reserves to this Section 6.3 is for safe keeping purposes only be maintained in the City’s self insurance trust fund. The City shall immediately deposit any amount necessary to cause the self insurance trust fund to be funded in the amount determined by the actuary. The City may not self-insure against casualty losses to any real or personal property owned, leased or used by it, including plant, property and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained thereinequipment.

Insurance Required. Throughout the term of this Loan Agreement, the Borrower Foundation shall keep, or cause the lessee under the Lease to keep the Collateral Property Facility continuously insured (which insurance policies may be provided by the Charter School) against the following risks, paying as the same become due and payable all premiums with respect thereto: : an ALTA mortgagee title insurance policy naming the Trustee as an insured in an amount equal to the lesser of (ai) the principal amount of the Loan represented by the Bonds (if available in that amount) plus any other amounts specified to be due hereunder or (ii) the insurable value of the Facility; insurance against loss or damage to the Property by Facility and all perilsimprovements therein (including, during any period of time when the Foundation is making alterations, repairs or improvements to the Facility, improvements and betterment’s coverage), naming the Trustee as an additional insured thereunder, all subject to standard form exclusions, with uniform standard extended coverage endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time in use in the State, in an amount equal to such extent as is necessary to provide for the greater of the full replacement value of the Building once constructed or the aggregate principal amount of the Bonds then Outstanding, unless the insurable valuevalue is less than the aggregate principal amount of the Bonds Outstanding, but with deductible clauses in such amounts as are customary for facilities which event in an amount equal to the full replacement value of similar size the Building; commercial general liability and character within the State; (b) comprehensive general accident and public automobile liability insurance (against claims arising in, on or about the Facility, including coverage for all losses arising from in, on or about the ownership sidewalks or use of any vehicle) premises adjacent to the Facility, providing coverage limits (including deductible clauses) of not less than the coverage limits customarily carried by owners or operators of facilities of similar size and character within the State; (c) State and listing the Authority and the Trustee as additional insured thereunder; fidelity insurance or bonds on those of its officers and employees who handle funds of the BorrowerFoundation or crime coverage that provides coverage for theft of money and securities, both in such amounts and to such extent as are customarily carried by organizations similar to the Borrower Foundation and operating properties similar in size and character to the facilities of the BorrowerFoundation; and to the extent available for a commercially reasonable cost, rental value insurance or additional expense insurance that may be applied toward rent for alternative facilities, upon construction of the Facility, covering all risks as to which insurance is required pursuant to (db) workers’ compensation insuranceabove, disability benefits in an amount equal to not less than the amounts required to be paid pursuant to Section 5.02(a) hereof for a period of not less than twelve (12) months to the extent commercially reasonable. If any such loss or damage has occurred, the Foundation shall continue to be obligated to pay the amounts required to be paid pursuant to Section 5.02(a) hereof, and any proceeds of such insurance shall be applied against all or part of such payment obligations of the Foundation; and such other forms of insurance as the Borrower Foundation is required by law to provide with respect to the PropertyFacility, including, without limitation, any legally required worker’s compensation insurance and disability benefits insurance. The All the insurance policies coverage required by this Section may be evidenced by individual policies or by an umbrella policysubject to deductible clauses in such amounts as are customary for facilities of similar size and character within the State. At least every three five (5) years from [July 1, 20222018], the Borrower Foundation shall employemploy (or cause to be employed), at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower Trustee and the Trustee Foundation a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower Foundation without the prior written consent of the Trustee; Trustee or the Authority, provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate customary for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the BorrowerFoundation’s costs fees, rentals and charges for its servicesthe use of the Facility. If The Trustee shall have no duty to review or evaluate the Insurance Consultant’s evaluation and report and may conclusively rely upon such evaluation and report as to the adequacy of the required insurance policies. The insurance coverage provided by this Section shall be increased or otherwise adjusted by the Foundation if as a result of such review, review the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance insurance, and the effect of such terms and such cost upon the Borrowers’ Foundation’s costs and charges for its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate customary for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by this paragraph. Anything herein to the abovecontrary notwithstanding, the Foundation is permitted to become self-insured for all or any part of the foregoing requirements, or to satisfy any or all of such requirements through the Charter School’s self-insurance, if the Borrowers have Trustee has received a written evaluation with respect to such self-insurance programs from an a nationally recognized Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers Trustee may conclusively rely upon the Insurance Consultant’s evaluation and report as to the suitability of any self- insurance policy. The Foundation shall pay any fees charged by such nationally recognized Insurance Consultant. Any If applicable, the Foundation’s or the Charter School’s self-insurance of the Borrowers existing on the date of execution delivery of this Loan Agreement may continue without with evidence of compliance with the above requirements unless provided to the periodic report of Trustee annually. If the Insurance Consultant required by this Section states that such Foundation is self-insured, the Trustee and the Authority shall be included as insureds under the self-insurance is not consistent with sound risk managementtrust agreement. All policies maintained (or caused to be maintained) by the Foundation pursuant to this Section shall be taken out and maintained in generally recognized, responsible insurance companies, which may include “captive” insurance companies or governmental insurance pools, selected by the Foundation. The Borrowers insurance policies required by subsections (a), (b) and (e) of this Section shall name the Trustee, the Authority and the Foundation as insureds as their respective interests may appear (provided that with respect to insurance maintained pursuant to subsections (a), (b), (c) and (e) of this Section, the Trustee shall also be named as a mortgagee and loss payee under the terms of a standard Colorado mortgagee loss payable endorsement), and, provided further that all insurance proceeds for losses, and except for worker’s compensation, fidelity insurance and liability insurance, shall be paid directly to the Trustee. Such policies or certificates of insurance shall provide that (except as to insurance required pursuant to subsections (a), (d) and (f) of this Section) the insurer will endeavor to mail thirty (30) days’ written notice to the Trustee of any cancellation prior to expiration of such policy. The Foundation shall deliver to the Trustee: Trustee (a) upon the commencement of the term of this Loan Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect theretothereof) which the Borrowers are Foundation is then required to maintain pursuant to this Section, Section together with evidence as to the payment of all premiums then due thereon; , (b) at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; thereto and (c) promptly upon request by the Authority or the Trustee, but in any case within ninety one hundred eighty (90180) days [[SHOULD THIS CHANGE TO 210?]] after the end of each Fiscal Yearfiscal year, a certificate of an Authorized Representative of the Borrower Foundation setting forth the particulars types and coverage as to all insurance policies maintained by the Borrower Foundation or by the Charter School pursuant to the Lease, required pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All The Trustee shall be entitled to conclusively rely upon the certificate of an Authorized Representative of the Foundation as to the Foundation’s compliance with the insurance requirements of this Section without further inquiry. The Trustee shall have no duty or obligation to effect, maintain or renew any policies of insurance of the Foundation, or to review or approve the form or sufficiency of any such policies or the qualifications of the company issuing same. The Trustee shall have no duty to report or make or file claims or proof of loss for any loss or damage insured against or that may occur, or to keep itself informed or advised as to the payment of any premiums, taxes or assessments or to require any such payment be made. Application of Net Proceeds of Insurance . The Net Proceeds of the insurance carried pursuant to subsection (a) of Section 6.03 hereof shall be applied as provided in Section 7.02 hereof and the Indenture. The Net Proceeds of the insurance carried pursuant to subsection (b) of Section 6.03 hereof shall be applied as provided in Section 7.01 hereof. The Net Proceeds of insurance carried pursuant to subsections (c) and (f) of Section 6.03 hereof shall be applied toward extinguishment or satisfaction of the liability with respect to which such insurance proceeds have been paid. The Net Proceeds of the fidelity insurance carried pursuant to subsection (d) of Section 6.03 hereof shall be held by the Foundation to replace the funds lost. The Net Proceeds of the business interruption insurance carried pursuant to subsection (e) of Section 6.03 shall be applied against the payments required to be made by the Foundation pursuant to this Loan Agreement during such period of business interruption. Advances by Authority or Trustee . In the event the Foundation shall fail to maintain the full insurance coverage required by this Section 6.3 Loan Agreement or shall name fail to keep the Facility in as reasonably safe condition as their operating condition will permit, or shall fail to keep the Facility in good repair and good operating condition (except as otherwise herein permitted), the Authority or the Trustee as may (but shall be under no obligation to) take out the required policies of insurance and pay the premiums on the same, or make the required repairs, renewals and replacements; and all amounts advanced therefor by the Authority or the Trustee shall become an additional insured obligation of the Foundation under this Loan Agreement to the one making the advance, which amounts the Foundation agrees to pay on demand together with interest thereon at the Default Rate. DAMAGE, DESTRUCTION AND CONDEMNATION Damage and Destruction . Unless the Foundation has exercised its option to prepay the Loan in full pursuant to Article XI hereof, if the Facility is destroyed or damaged by fire or other casualty to such extent that the claim for loss payeeunder any insurance policies resulting from such event of destruction or damage is less than $250,000, as applicable, the Net Proceeds of insurance resulting from such claims for losses shall be paid to the Foundation and shall provide be held or used by the Foundation for such purposes as the Foundation, in its discretion, may deem appropriate. The Foundation shall not by reason of the payment of Net Proceeds for such destruction or damage be entitled to any reimbursement from the Authority, the Trustee or the Registered Owners of the Bonds or any postponement, abatement or diminution of the Loan Payments and other payments required to be made under this Loan Agreement. Unless the Foundation has exercised its option to prepay the Loan in full pursuant to Article XI hereof, if the Facility is destroyed or damaged (in whole or in part) by fire or other casualty to such extent that no the claim for loss under any insurance policies resulting from such policy may be terminated without thirty (30) days’ event of destruction or damage is $250,000 or more, the Foundation shall promptly give written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents thereof to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Authority. All Net Proceeds of insurance resulting from such claims for losses of $250,000 or more shall, in the event the value of the Building is less than the amount of the Bonds Outstanding, and for a period of ten (10) years following the date of issuance of the Bonds, be held by the Trustee in a separate trust account, whereupon (a) the Foundation will promptly repair, rebuild or restore the property damaged or destroyed to substantially the same condition as it existed prior to such damage or destruction, with such changes, alterations and modifications (including the substitution and addition of other property) as may be desired by the Foundation and as will not impair the Foundation’s ability to operate the Facility in an efficient manner, and (b) the Trustee’s , upon receipt of a Consulting Architect’s Certificate that such payment is required for such purpose, will apply so much as may be necessary of the foregoing Net Proceeds of such insurance to payment of the costs of such repair, rebuilding or restoration as the work progresses; and for the period after ten (10) years from the date of issuance of the Bonds shall at the option of the Foundation, with the consent of the Charter School so long as the Lease is in effect, either be used to redeem Bonds (but not in the event the value of the Building is less than the amount of Bonds then outstanding) or be used to repair, rebuild or restore the property as described above. The Trustee may rely conclusively on any such Consulting Architect’s Certificate and shall not imply a duty be required to make any independent investigation in connection therewith. Any balance of such Net Proceeds remaining after payment of all the costs of such repair, rebuilding or restoration shall be transferred to the Bond Principal Fund and applied to the payment of principal of the Bonds on the next payment date or dates thereof. In the event such Net Proceeds are not sufficient to pay in full the costs of such repair, rebuilding or restoration, the Foundation will nonetheless complete the work thereof and will pay any costs thereof in excess of the amount of said Net Proceeds. The Foundation shall not by reason of the payment of such excess costs be entitled to any reimbursement from the Authority, the Trustee or the Registered Owners of the Bonds or any postponement, abatement or diminution of the Loan Payments and other payments required to be made under this Loan Agreement. All Net Proceeds of insurance resulting from claims for losses specified in the first sentences of the two preceding paragraphs may be used to redeem Bonds (except as limited thereby); provided (i) all of the Bonds are to be redeemed in accordance with the Indenture upon exercise of the option to prepay the Loan in full provided for in Article XI hereof or (ii) in the event that less than all of the Bonds are to be redeemed, the Foundation shall furnish to the Trustee a Consulting Architect’s Certificate stating (A) that the property forming a part of the Trustee Facility damaged or destroyed is not essential to reviewthe Foundation’s use or occupancy of the Facility, evaluate or analyze (B) that the information contained therein.Facility has been restored to a condition substantially equivalent to its condition prior to the damage or destruction or (C) that improvements have been acquired which are suitable for operation as a facility (as defined in the Act) on the Land. Condemnation and Title Defects . Unless the Foundation has exercised its option to prepay the Loan in full pursuant to Article XI hereof, in the event that title to, or the temporary use of, the Facility or any part thereof shall be

Insurance Required. Throughout Lessee will, during the term of this AgreementLease Term, cause the Borrower shall keep the Collateral Property Project to be kept continuously insured against such risks customarily insured against for facilities such as the following risksProject and will pay (except as otherwise provided herein), paying as the same become due and payable due, all premiums with in respect theretothereof, such insurance to include the following policies of insurance: (a) insurance Insurance insuring the Project against loss or damage to by fire, lightning and all other risks covered by the Property by all perils, with uniform standard extended coverage insurance endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time then in use in the State, State in an amount not less than the lesser of an amount equal to such extent as is necessary to provide for the full insurable valuevalue thereof or the then applicable purchase price under Section 10.1 (subject to reasonable loss deductible clauses) issued by such insurance company or companies authorized to do business in the State as may be selected by Lessee. The full insurable value of the Project may be determined from time to time at the request of Lessee or Lessor (but not less frequently than every five years) by an architect, but with deductible clauses contractor, appraiser, appraisal company or one of the insurers, to be selected, subject to Lessor’s approval, and paid by Lessee. The policy or policies of such insurance will name Lessee and Lessor as insureds and loss payees. All proceeds from such policies of insurance will be applied as provided in such amounts as are customary for facilities of similar size and character within the State;Article XI. (b) comprehensive Comprehensive general accident and public liability insurance (including coverage for all losses whatsoever arising from the ownership ownership, maintenance, operation or use of any automobile, truck or other motor vehicle) providing coverage limits (including deductible clauses) of ), under which Lessee and Lessor are named as insureds, in an amount not less than the coverage limits customarily carried amount which Lessor will reasonably request for a combined single limit for bodily injuries and property damage; (c) Workers’ compensation and unemployment coverages to the extent, if any, required by owners or operators the laws of facilities of similar size and character within the State; (cd) fidelity Leasehold policy of title insurance, insuring Lessor’s leasehold interest under the Site Lease, in the amount set forth on Exhibit B, on the standard ALTA forms, subject only to such exceptions as will be acceptable to Lessor, with such endorsements and affirmative coverages as may be reasonably required by Lessor, and otherwise in form and substance satisfactory to Lessor and issued by a company acceptable to Lessor and authorized to issue such insurance or bonds on those of its officers and employees who handle funds in the State. Not less than 15 days prior to the expiration dates of the Borrowerexpiring policies, both in such amounts and to such extent as are customarily carried by organizations similar to the Borrower and operating properties similar in size and character to the facilities originals or copies of the Borrower; and (d) workers’ compensation insurance, disability benefits insurance and such other forms of insurance as the Borrower is required by law to provide with respect to the Property. The insurance policies required by this Section may or certificates evidencing such insurance will be evidenced delivered by individual Lessee to Lessor. All policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal renewals thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, will contain a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying provision that such insurance policies are in full force and effect, that such policies comply with may not be cancelled by the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated issuer thereof without thirty (30) days’ at least ten days written notice to Lessee and Lessor. Nothing in this Lease will be construed as preventing Lessee from satisfying the Trustee. Delivery insurance requirements herein set forth by using blanket policies of reports, recommendations, certificates insurance provided each and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt all of the foregoing shall not imply a duty on the part requirements and specifications of the Trustee to review, evaluate or analyze the information contained thereinthis Lease respecting insurance are complied with.

Insurance Required. Throughout the term of this Agreement, the Borrower shall keep the Collateral Property continuously insured against the following risks, paying as the same become due and payable all premiums with respect thereto: (ai) insurance against loss or damage to the Property by all perils, with uniform standard extended coverage endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time in use in the State, to such extent as is necessary to provide for the full insurable value, but with deductible clauses in such amounts as are customary for facilities of similar size and character within the State; (b) comprehensive general accident and public liability insurance (including coverage for all losses arising from the ownership or use of any vehicle) providing coverage limits (including deductible clauses) of not less than the coverage limits customarily carried by owners or operators of facilities of similar size and character within the State; (c) fidelity insurance or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and to such extent as are customarily carried by organizations similar to the Borrower and operating properties similar in size and character to the facilities of the Borrower; and (d) workers’ compensation insurance, disability benefits insurance and such other forms of insurance as the Borrower is required by law to provide with respect to the Property. The All insurance policies required by this Section may be evidenced by individual policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section Article XI shall be increased or otherwise adjusted by the Borrowers. The obtained from insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify companies licensed to conduct business in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) State and rated at least thirty A- in Best’s Insurance Guide. (30ii) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name be non-assessable and shall contain language to the Trustee effect that (1) the policies are primary and noncontributing with any insurance that may be carried by the City, (2) to the extent available, that the policies cannot be canceled or materially changed except after thirty (30) days written notice by the insurer to the City, and (3) the City shall not be liable for any premiums or assessments. All such insurance shall have commercially reasonable deductibility limits. Redeveloper shall be responsible for paying any deductible amount under all insurance policies. (b) If requested by the City, Redeveloper shall furnish or cause to be furnished to the City evidence satisfactory to the City of Commercial General Liability Insurance, and Umbrella Excess Liability Coverage, insuring Redeveloper against losses, costs, liabilities, claims, causes of action and damages for bodily injury, property damage and personal injury on the Property in the Redevelopment Area, or related to the construction thereon, including claims made by subcontractor personnel, in commercially reasonable amounts relative to the size of the Project. Such insurance shall include blanket contractual liability coverage or alternatively, shall include separate contractual liability coverage with reference to this specific Project. The City acknowledges and agrees that the types and amounts of coverage identified in Exhibit G attached hereto, or such other types and amounts of coverage that may be acceptable to Project mortgage lender(s) (whether construction or permanent financing) provided such lender required coverages provide no less than that coverage described in Exhibit G attached hereto, shall be acceptable and sufficient to satisfy the requirements of this Section 11.2(b). All such policies shall be written to apply to all bodily injury, property damage, personal injury and other customary covered losses, however occasioned, occurring during the policy term, and shall be endorsed to add the City as an additional insured and to provide that such coverage shall be primary and that any insurance maintained by the City shall be excess insurance only. Such coverage shall be endorsed to waive the insurer’s rights of subrogation against the City. (c) Prior to issuance of a building permit, Redeveloper shall furnish or cause to be furnished to the City evidence satisfactory to the City of Builder’s Risk Insurance for the benefit of Redeveloper (subject to the interests of any lender or Holder) in an amount approved by Redeveloper’s institutional mortgage lender, during the term of construction, sufficient to protect against loss payeeor damage resulting from fire and lightning, as applicablethe standard extended coverage perils, vandalism, and malicious mischief. (d) If requested by the City, Redeveloper shall provide that no such policy may furnish or cause to be terminated without thirty (30) days’ written notice furnished to the Trustee. Delivery of reports, recommendations, certificates and other documents City evidence satisfactory to the Trustee pursuant to this Section 6.3 is City that any contractor with whom it has contracted for safe keeping purposes only and the Trustee’s receipt construction of the foregoing Project carries workers’ compensation insurance as required by law, and an employer’s liability insurance endorsement with customary limits, which shall not imply be endorsed with a duty on waiver of subrogation clause for the part City. (e) Redeveloper shall furnish or cause to be furnished to the City evidence reasonably satisfactory to the City that any consultant with whom it has contracted for the design of the Trustee Project carries errors and omissions insurance, naming the City as an additional insured, with limits reasonably acceptable to review, evaluate or analyze the information contained thereinCity.

Insurance Required. Throughout At all times throughout the term of this AgreementLease Term, the Borrower shall keep the Collateral Property continuously Lessee shall, at its sole cost and expense, maintain or cause to be maintained insurance against such risks and for such amounts as are customarily insured against the following risksby businesses of like size and type and shall pay, paying as the same become due and payable payable, all premiums with respect thereto, including, but not necessarily limited to: (a) insurance Insurance against loss or damage to the Property by all perilsfire, lightning and other casualties customarily insured against, with a uniform standard extended coverage endorsement limited only as may endorsement, such insurance to be provided in the standard form of extended coverage endorsement at the time in use in the State, to such extent as is necessary to provide for an amount not less than the full insurable value100% replacement value of the completed buildings and improvements, exclusive of footings and foundations, as determined by a recognized appraiser or insurer selected by the Lessee, but in no event less than $20,000,000. With the Lessor’s express advance written approval, the insurance described in this paragraph, or any portion thereof, can be self-insurance by the Lessee, with deductible clauses in such amounts self-insurance not to exceed $5,000,000, with an excess policy for any amount exceeding the amount of self-insurance, but less than the amount of insurance required by this paragraph. In addition, the Lessee shall at all times maintain such other insurance with recognized underwriters against such other risks as are customary for facilities normally insured against and in amounts normally considered prudent by companies carrying on a similar business or another business in a similar location. The Lessee shall upon request of similar size the Lessor from time to time furnish to the Lessor true and character within complete copies of all such insurance policies or contracts, together with evidence of payment of premiums. In the State;event Lessee requests approval to be self-insured as hereinabove provided self-insurance shall not relieve Lessee from its obligation to fully insure Lessor from liability. (b) comprehensive general accident and public liability insurance (including coverage for all losses arising from the ownership or use of any vehicle) providing coverage limits (including deductible clauses) of not less than the coverage limits customarily carried by owners or operators of facilities of similar size and character within the State; (c) fidelity insurance or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and to such extent as are customarily carried by organizations similar to the Borrower and operating properties similar in size and character to the facilities of the Borrower; and (d) workersWorkers’ compensation insurance, disability benefits insurance and such each other forms form of insurance as which the Borrower Lessee or any permitted sublessee is required by law to provide provide, covering loss resulting from injury, sickness, disability or death of employees of the Lessee or any permitted sublessee who are located at or assigned to the Existing Campus and, on and from the Delivery Date, the Expanded Campus. This coverage shall be in effect from and after the Original Lease Date with respect to the Property. The insurance policies required by this Section may be evidenced by individual policies or by an umbrella policy. At least every three years Existing Campus and, on and from July 1the Delivery Date, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendations, if any, for adjustments thereto. The insurance coverage provided by this Section may be reduced or otherwise adjusted by the Borrower without the consent of the Trustee; provided that all coverages after such reduction or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and type, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such review, the Insurance Consultant finds that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section shall be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Section, and modification thereof permitted or required by this paragraph, shall at all times be adequate and appropriate for facilities of like size and type, taking into account the Borrowers’ particular circumstances, and the Insurance Consultant shall so certify in the report required by the above-insured for all or any part of the foregoing requirements if the Borrowers have received a written evaluation with respect to the Expanded Campus, or on such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay earlier date as any fees charged by such Insurance Consultant. Any self-insurance employees of the Borrowers existing Lessee, or any permitted sublessee, contractor or subcontractor of Lessee, first occupy the Existing Campus and, on and from the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this AgreementDelivery Date, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and Expanded Campus. (c) promptly upon request Insurance protecting the Lessor and the Lessee against loss or losses from liability imposed by the Trustee, but law or assumed in any case within ninety (90) days after the end of each Fiscal Yearwritten contract and arising from personal injury, a certificate including bodily injury or death of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effectemployee or non-employee, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated without thirty (30) days’ written notice damage to the Trustee. Delivery property of reportsothers, recommendationscaused by an accident or occurrence with a limit of liability of not less than $1,000,000 (combined single limit for personal injury, certificates including bodily injury or death and other documents to property damage) and with a blanket excess liability coverage in an amount not less than $5,000,000 combined single limit or equivalent protecting the Trustee pursuant to this Section 6.3 is for safe keeping purposes only lessor and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to reviewLessee against any loss or liability or damage for personal injury, evaluate including bodily injury or analyze the information contained thereindeath, or property damage.

Insurance Required. Throughout the term of this AgreementLease Term, the Borrower shall keep the Collateral Property continuously insured against the following risks, paying as the same become due Company will maintain or cause to be maintained at its sole cost and payable all premiums with respect thereto: (a) insurance against loss or damage to the Property by all perilsexpense, with uniform standard extended coverage endorsement limited only as may be provided in the standard form of extended coverage endorsement at the time in use one or more financially sound and reputable insurers authorized to do business in the State, insurance with respect to such extent the Project against loss, damage or public liability claims (including worker’s compensation claims) of the kind customarily insured against by corporations of established reputation engaged in similar businesses, including insurance protecting against fire, lightning and other casualties to be insured against as is necessary to provide for required by the full insurable valueAgency or the Bank, but with deductible clauses if any, and broad form extended coverage covering malicious perils and “all-risk of physical loss” endorsements, and otherwise in such types and amounts as are customary for facilities of similar size and character within the State; (b) comprehensive general accident and public liability insurance (including coverage for all losses arising from the ownership or use of any vehicle) providing coverage limits (including deductible clauses) of not less than the coverage limits customarily carried by owners or operators of facilities of similar size and character within the State; (c) fidelity insurance or bonds on those of its officers and employees who handle funds of the Borrower, both in such amounts and to such extent as are customarily carried under similar circumstances by organizations similar such other corporations, subject to a deductible amount not exceeding $25,000.00. In lieu of separate insurance policies, such insurance may be in the form of a blanket insurance policy or policies of the Company. The Company shall submit insurance policies or proof of insurance to the Borrower and operating properties similar in size and character to the facilities of the Borrower; and (d) workers’ compensation insuranceBank, disability benefits insurance and such other forms of insurance as the Borrower is required by law to provide with respect to the Property. The insurance policies required by this Section may be evidenced by individual policies or by an umbrella policy. At least every three years from July 1, 2022, the Borrower shall employ, at its expense, an Insurance Consultant to review the insurance coverage required by this Section and to render to the Borrower and the Trustee a report as to the adequacy of such coverage and as to its recommendationsappropriate, if any, for adjustments theretoand the Agency, at the start of the Lease Term and within ten (10) days of obtaining such insurance subsequent to the start of the Lease Term. The All proceeds of insurance coverage provided by against Project damage shall be made payable to the Company, the Agency or the Bank, if any, as their respective interests may appear. Anything herein to the contrary notwithstanding, the Company shall have the right to settle all claims under any insurance policy referred to in this Section may be reduced or otherwise adjusted by the Borrower Agreement without the consent of the Trustee; provided that all coverages after such reduction Agency or other adjustment are certified by the Insurance Consultant to be adequate and appropriate for facilities of like size and typeBank, taking into account as appropriate, if any. The Company releases the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance Agency and the effect of such terms and such cost upon the Borrower’s costs and charges for its services. If as a result of such reviewBank from, the Insurance Consultant finds agrees that the existing coverage is inadequate, taking into account the availability of such insurance, the terms upon which such insurance is available, the cost of such available insurance Agency and the effect of such terms and such cost upon the Borrowers’ costs and charges for its services, then the insurance coverage provided by this Section Bank shall not be increased or otherwise adjusted by the Borrowers. The insurance coverage required by this Sectionliable for, and modification thereof permitted or required by this paragraph, shall at all times be adequate agrees to indemnify and appropriate for facilities of like size and type, taking into account hold harmless the Borrowers’ particular circumstances, Agency and the Insurance Consultant shall so certify in the report required by the above-insured Bank, from any liability for all any loss or damage to Project or any part injury to or death of any person that may be occasioned by any cause whatsoever pertaining to the Project (except as may arise through the gross negligence or willful misconduct of the foregoing requirements if Agency or the Borrowers have received a written evaluation with respect to such self-insurance programs from an Insurance Consultant stating that such self-insurance is consistent with sound risk management policies. The Borrowers shall pay any fees charged by such Insurance Consultant. Any self-insurance of the Borrowers existing on the date of execution of this Agreement may continue without evidence of compliance with the above requirements unless the periodic report of the Insurance Consultant required by this Section states that such self-insurance is not consistent with sound risk management. The Borrowers shall deliver to the Trustee: (a) upon the commencement of the term of this Agreement, the originals or certified copies thereof of all insurance policies (or certificates of insurance with respect thereto) which the Borrowers are required to maintain pursuant to this Section, together with evidence as to the payment of all premiums then due thereon; (b) at least thirty (30) days prior to the expiration of any such policies evidence as to the renewal thereof, if then required by this Section, and the payment of all premiums then due with respect thereto; and (c) promptly upon request by the Trustee, but in any case within ninety (90) days after the end of each Fiscal Year, a certificate of an Authorized Representative of the Borrower setting forth the particulars as to all insurance policies maintained by the Borrower pursuant to this Section and certifying that such insurance policies are in full force and effect, that such policies comply with the provisions of this Section and that all premiums then due thereon have been paid. All insurance policies required by this Section 6.3 shall name the Trustee as an additional insured or loss payee, as applicable, and shall provide that no such policy may be terminated without thirty (30) days’ written notice to the Trustee. Delivery of reports, recommendations, certificates and other documents to the Trustee pursuant to this Section 6.3 is for safe keeping purposes only and the Trustee’s receipt of the foregoing shall not imply a duty on the part of the Trustee to review, evaluate or analyze the information contained thereinBank.