Common use of Loss and Damage Insurance Clause in Contracts

Loss and Damage Insurance. 13 6.1. Loss and Damage to the Xxxxxxx Transmission Loop Assets 13 6.2. Insurance 13 ARTICLE VII REPORTING 14 7.1. Private Financing Arrangements 14 7.2. Public Company and Regulatory Information and Cooperation 15 7.3. Mutual Obligations 16 ARTICLE VIII ASSIGNMENT 16 ARTICLE IX DEFAULT 17 9.1. Lessee Default 17 9.2. Lessor Default 18 9.3. Right to Cure 18 9.4. Remedies 18 ARTICLE X CAPITAL EXPENDITURES 19 ARTICLE XI REGULATORY COOPERATION 19 11.1. Jurisdiction 19 11.2. Cooperation 19 ARTICLE XII INDEMNITY 19 12.1. General Indemnity 19 12.2. Environmental Indemnity 20 ARTICLE XIII MISCELLANEOUS 21 13.1. Limitation of Damages 21 13.2. Condemnation 21 13.3. Confidentiality 21 13.4. Successors and Assigns 22 13.5. Rent Obligations Not Excused by Force Majeure, Etc. 22 13.6. Further Assurances; Policies and Procedures 22 13.7. Arbitration 22 13.8. Notices 23 13.9. Entire Agreement; Amendments 24 13.10. Legal Matters 24 13.11. Partial Invalidity 25 13.12. Recording 25 13.13. Intention of Parties; True Lease 00 XXXXXXX XXXXXXXXXXXX LOOP LEASE AGREEMENT TABLE OF CONTENTS Page Appendix A Definitions EXHIBITS: Exhibit A Xxxxxxx Transmission Loop Assets Area Exhibit B Subordinated Debt Terms Exhibit C Insurance XXXXXXX TRANSMISSION LOOP LEASE AGREEMENT

Loss and Damage Insurance. 13 22 6.1. Loss and Damage to the Xxxxxxx/Xxxxx/Xxxxxxx Transmission Loop Assets 13 22 6.2. Insurance 13 23 ARTICLE VII REPORTING 14 24 7.1. Private Financing Arrangements 14 24 7.2. Public Company and Regulatory Information and Cooperation 15 Cooperation. 25 7.3. Mutual Obligations 16 26 ARTICLE VIII ASSIGNMENT 16 26 ARTICLE IX DEFAULT 17 27 9.1. Lessee Default 17 27 9.2. Lessor Default 18 28 9.3. Right to Cure 18 28 9.4. Remedies 18 29 ARTICLE X CAPITAL EXPENDITURES 19 29 10.1. Capital Expenditures Generally 29 10.2. Capital Expenditures Funded by Lessor 30 10.3. Capital Expenditures Funded by Lessee 30 10.4. Footprint Project Construction Activities 30 10.5. Ownership of Footprint Projects 31 10.6. Asset Acquisitions 31 10.7. Reimbursements 32 ARTICLE XI REGULATORY COOPERATION 19 32 11.1. Jurisdiction 19 32 11.2. Cooperation 19 32 ARTICLE XII INDEMNITY 19 33 12.1. General Indemnity 19 33 12.2. Environmental Indemnity 20 33 12.3. Survival 34 ARTICLE XIII MISCELLANEOUS 21 34 13.1. Limitation of Damages 21 34 XXXXXXX/XXXXX/XXXXXXX ASSETS LEASE AGREEMENT TABLE OF CONTENTS Page 13.2. Condemnation 21 34 13.3. Confidentiality 21 35 13.4. Successors and Assigns 22 35 13.5. Rent Obligations Not Excused by Force Majeure, Etc. 22 35 13.6. Further Assurances; Policies and Procedures 22 35 13.7. Arbitration 22 36 13.8. Notices 23 37 13.9. Entire Agreement; Amendments 24 38 13.10. Legal Matters 24 38 13.11. Partial Invalidity 25 38 13.12. Recording 25 38 13.13. Intention of Parties; True Lease 00 XXXXXXX XXXXXXXXXXXX LOOP LEASE AGREEMENT TABLE OF CONTENTS Page 38 13.14. Rules of Construction 39 APPENDICES: Appendix A — Definitions EXHIBITS: Exhibit A Xxxxxxx Transmission Loop — Assets Area Exhibit B — Subordinated Debt Terms Exhibit C — Insurance SCHEDULES: Schedule 3.2(b) Form – Rent Supplement XXXXXXX/XXXXX/XXXXXXX TRANSMISSION LOOP ASSETS LEASE AGREEMENTAGREEMENT THIRD AMENDED AND RESTATED LEASE AGREEMENT (XXXXXXX/XXXXX/XXXXXXX ASSETS) This THIRD AMENDED AND RESTATED LEASE AGREEMENT (XXXXXXX/XXXXX/XXXXXXX ASSETS) (this “Agreement”) is entered into effective as of December 31, 2015 (the “Effective Date”), between Sharyland Distribution & Transmission Services, L.L.C. (together with its permitted transferees, successors and assigns, “Lessor”), and Sharyland Utilities, L.P. (together with its permitted transferees, successors and assigns, “Lessee”), and in connection herewith, Lessor and Lessee agree, covenant and contract as set forth in this Agreement. Lessor and Lessee are sometimes referred to in this Agreement as a “Party” or collectively as the “Parties”. Certain capitalized terms used in this Agreement have the meaning assigned to them in Appendix A attached hereto.

Loss and Damage Insurance. 13 22 6.1. Loss and Damage to the Xxxxxxx Transmission Loop CREZ Assets 13 22 6.2. Insurance 13 23 ARTICLE VII REPORTING 14 24 7.1. Private Financing Arrangements 14 24 7.2. Public Company and Regulatory Information and Cooperation 15 25 7.3. Mutual Obligations 16 26 ARTICLE VIII ASSIGNMENT 16 26 8.1. Assignment by Lessee 26 8.2. Assignment by Lessor 26 ARTICLE IX DEFAULT 17 27 9.1. Lessee Default 17 27 9.2. Lessor Default 18 28 9.3. Right to Cure 18 28 9.4. Remedies 18 29 ARTICLE X CAPITAL EXPENDITURES 19 29 10.1. Capital Expenditures Generally 29 10.2. Capital Expenditures Funded by Lessor 30 10.3. Additional Agreements Regarding Capital Expenditures 30 10.4. Footprint Project Construction Activities 31 10.5. Ownership of Footprint Projects 31 10.6. Asset Acquisitions 31 10.7. Reimbursements 32 ARTICLE XI REGULATORY COOPERATION 19 32 11.1. Jurisdiction 19 32 11.2. Cooperation 19 32 ARTICLE XII INDEMNITY 19 33 12.1. General Indemnity 19 33 12.2. Environmental Indemnity 20 33 12.3. Survival; Limitations 34 CREZ LEASE AGREEMENT TABLE OF CONTENTS Page ARTICLE XIII MISCELLANEOUS 21 34 13.1. Limitation of Damages 21 34 13.2. Condemnation 21 34 13.3. Confidentiality 21 35 13.4. Successors and Assigns 22 36 13.5. Rent Obligations Not Excused by Force Majeure, Etc. 22 36 13.6. Further Assurances; Policies and Procedures 22 36 13.7. Arbitration 22 37 13.8. Notices 23 38 13.9. Entire Agreement; Amendments 24 39 13.10. Legal Matters 24 39 13.11. Partial Invalidity 25 39 13.12. Recording 25 39 13.13. Intention of Parties; True Lease 00 XXXXXXX XXXXXXXXXXXX LOOP LEASE AGREEMENT TABLE OF CONTENTS Page 40 13.14. Rules of Construction 40 APPENDICES: Appendix A Definitions EXHIBITS: Exhibit A Xxxxxxx Transmission Loop Assets Area Form of CFO Certificate Statement Exhibit B Panhandle Assets Exhibit C Subordinated Debt Terms Exhibit C D Insurance XXXXXXX TRANSMISSION LOOP Exhibit E Gross Revenues SCHEDULES: Schedule 3.2 Form – Rent Supplement CREZ LEASE AGREEMENTAGREEMENT FOURTH AMENDED AND RESTATED CREZ LEASE AGREEMENT This FOURTH AMENDED AND RESTATED CREZ LEASE AGREEMENT (this “Agreement”) is entered into effective as of November 9, 2017 (the “Effective Date”), between Sharyland Distribution & Transmission Services, L.L.C. (together with its permitted transferees, successors and assigns, “Lessor”), and Sharyland Utilities, L.P. (together with its permitted transferees, successors and assigns, “Lessee”), and, in connection herewith, Lessor and Lessee agree, covenant and contract as set forth in this Agreement. Lessor and Lessee are sometimes referred to in this Agreement as a “Party” or collectively as the “Parties.” Certain capitalized terms used in this Agreement have the meaning assigned to them in Appendix A attached hereto.

Loss and Damage Insurance. 13 21 6.1. Loss and Damage to the Xxxxxxx Transmission Loop Permian Assets 13 21 6.2. Insurance 13 22 ARTICLE VII REPORTING 14 23 7.1. Private Financing Arrangements 14 23 7.2. Public Company and Regulatory Information and Cooperation 15 24 7.3. Mutual Obligations 16 25 ARTICLE VIII ASSIGNMENT 16 25 8.1. Assignment by Lessee 25 8.2. Assignment by Lessor 26 ARTICLE IX DEFAULT 17 26 9.1. Lessee Default 17 26 9.2. Lessor Default 18 27 9.3. Right to Cure 18 27 9.4. Remedies 18 28 ARTICLE X CAPITAL EXPENDITURES 19 28 10.1. Capital Expenditures Generally 28 10.2. Capital Expenditures Funded by Lessor 29 10.3. Capital Expenditures Funded by Lessee 29 10.4. Footprint Project Construction Activities 30 10.5. Ownership of Footprint Projects 30 10.6. Asset Acquisitions 30 10.7. Reimbursements 31 ARTICLE XI REGULATORY COOPERATION 19 31 11.1. Jurisdiction 19 31 11.2. Cooperation 19 31 ARTICLE XII INDEMNITY 19 32 12.1. General Indemnity 19 32 12.2. Environmental Indemnity 20 32 12.3. Survival; Limitations 33 PERMIAN LEASE AGREEMENT TABLE OF CONTENTS Page ARTICLE XIII MISCELLANEOUS 21 33 13.1. Limitation of Damages 21 33 13.2. Condemnation 21 33 13.3. Confidentiality 21 34 13.4. Successors and Assigns 22 35 13.5. Rent Obligations Not Excused by Force Majeure, Etc. 22 35 13.6. Further Assurances; Policies and Procedures 22 35 13.7. Arbitration 22 36 13.8. Notices 23 37 13.9. Entire Agreement; Termination of Amended and Restated Lease; Amendments 24 38 13.10. Legal Matters 24 39 13.11. Partial Invalidity 25 39 13.12. Recording 25 39 13.13. Intention of Parties; True Lease 00 XXXXXXX XXXXXXXXXXXX LOOP LEASE AGREEMENT TABLE OF CONTENTS Page 39 13.14. Rules of Construction 39 APPENDICES: Appendix A Definitions EXHIBITS: Exhibit A Xxxxxxx Transmission Loop Assets Area Form of CFO Certificate Statement Exhibit B Permian Assets Exhibit C Subordinated Debt Terms Exhibit C D Insurance XXXXXXX TRANSMISSION LOOP Exhibit E Gross Revenues SCHEDULES: Schedule 3.2 Form – Rent Supplement PERMIAN LEASE AGREEMENTAGREEMENT PERMIAN LEASE AGREEMENT This PERMIAN LEASE AGREEMENT (this “Agreement”) is entered into effective as of December 31, 2017 (the “Effective Date”), between Sharyland Distribution & Transmission Services, L.L.C. (together with its permitted transferees, successors and assigns, “Lessor”), and Sharyland Utilities, L.P. (together with its permitted transferees, successors and assigns, “Lessee”), and, in connection herewith, Lessor and Lessee agree, covenant and contract as set forth in this Agreement. Lessor and Lessee are sometimes referred to in this Agreement as a “Party” or collectively as the “Parties.” Certain capitalized terms used in this Agreement have the meaning assigned to them in Appendix A attached hereto.