Common use of Risk of Loss; Insurance Clause in Contracts

Risk of Loss; Insurance. The Grantor shall bear the full risk of loss from any loss of any nature whatsoever with respect to the Collateral. At it's own cost and expense in amounts and with carriers acceptable to the Collateral Agent, it shall (a) keep all its insurable properties and properties in which it has an interest insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazards, and for such amounts, as is customary in the case of companies engaged in businesses similar to the Grantor's including, without limitation, public and product liability insurance, worker's compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's officers and employees and business interruption insurance; (b) furnish the Collateral Agent with (i) copies of all policies and evidence of the maintenance of such policies at least 30 days before any expiration date, and (ii) appropriate loss payable endorsements in form and substance satisfactory to the Collateral Agent, naming the Collateral Agent for the benefit of the Secured Parties as loss payees and providing that as to the Collateral Agent for the benefit of the Secured Parties the insurance coverage shall not be impaired or invalidated by any act or neglect of the Grantor and the insurer will provide the Collateral Agent with at least 30 days notice prior to cancellation. The Grantor shall instruct the insurance carriers that in the event of any loss thereunder, the carriers shall make payment for such loss to the Collateral Agent and not to the Grantor and the Collateral Agent jointly. If any insurance losses are paid by check, draft or other instrument payable to the Grantor and the Collateral Agent jointly, the Collateral Agent may endorse the Grantor's name thereon and do such other things as the Collateral Agent may deem advisable to reduce the same to cash. The Collateral Agent is hereby authorized to adjust and compromise claims. All loss recoveries received by the Collateral Agent upon any such insurance may be applied to the Obligations, in such order as the Collateral Agent in its sole discretion shall determine. Any surplus shall be paid by the Collateral Agent to the Grantor or applied as may be otherwise required by law. Any deficiency thereon shall be paid by the Grantor to the Collateral Agent, on demand.

Risk of Loss; Insurance. The Grantor shall bear the full risk of loss from any loss of any nature whatsoever with respect to the Collateral. At it's own cost and expense in amounts and with carriers acceptable to the Collateral AgentSecured Parties, it shall (a) keep all its insurable properties and properties in which it has an interest insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazards, and for such amounts, as is customary in the case of companies engaged in businesses similar to the Grantor's including, without limitation, public and product liability insurance, worker's compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's officers and employees and business interruption insurance; (b) furnish the Collateral Agent Secured Parties with (i) copies of all policies and evidence of the maintenance of such policies at least 30 days before any expiration date, and (ii) appropriate loss payable endorsements in form and substance satisfactory to the Collateral AgentSecured Parties, naming the Collateral Agent for the benefit of the Secured Parties as loss payees and providing that as to the Collateral Agent for the benefit of the Secured Parties the insurance coverage shall not be impaired or invalidated by any act or neglect of the Grantor and the insurer will provide the Collateral Agent Secured Parties with at least 30 days notice prior to cancellation. The Grantor shall instruct the insurance carriers that in the event of any loss thereunder, the carriers shall make payment for such loss to the Collateral Agent Secured Parties and not to the Grantor and the Collateral Agent Secured Parties jointly. If any insurance losses are paid by check, draft or other instrument payable to the Grantor and the Collateral Agent Secured Parties jointly, the Collateral Agent Secured Parties may endorse the Grantor's name thereon and do such other things as the Collateral Agent Secured Parties may deem advisable to reduce the same to cash. The Collateral Agent Secured Parties is hereby authorized to adjust and compromise claims. All loss recoveries received by the Collateral Agent Secured Parties upon any such insurance may be applied to the Obligations, in such order as the Collateral Agent Secured Parties in its sole discretion shall determine. Any surplus shall be paid by the Collateral Agent Secured Parties to the Grantor or applied as may be otherwise required by law. Any deficiency thereon shall be paid by the Grantor to the Collateral AgentSecured Parties, on demand.

Risk of Loss; Insurance. The Grantor shall bear the full risk of loss from any loss of any nature whatsoever with respect to the Collateral. At it's ’s own cost and expense in amounts and with carriers acceptable to the Collateral AgentSecured Parties, it shall (a) keep all its insurable properties and properties in which it has an interest insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazards, and for such amounts, as is customary in the case of companies engaged in businesses similar to the Grantor's ’s including, without limitation, public and product liability insurance, worker's ’s compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's ’s officers and employees and business interruption insurance; (b) furnish the Collateral Agent Secured Parties with (i) copies of all policies and evidence of the maintenance of such policies at least 30 days before any expiration date, and (ii) appropriate loss payable endorsements in form and substance satisfactory to the Collateral AgentSecured Parties, naming the Collateral Agent for the benefit of the Secured Parties as loss payees and providing that as to the Collateral Agent for the benefit of the Secured Parties the insurance coverage shall not be impaired or invalidated by any act or neglect of the Grantor and the insurer will provide the Collateral Agent Secured Parties with at least 30 days notice prior to cancellation. The Upon the occurrence and continuation of any Event of Default: the Grantor shall instruct the insurance carriers that in the event of any loss thereunder, the carriers shall make payment for such loss to the Collateral Agent Secured Parties and not to the Grantor and the Collateral Agent Secured Parties jointly. If ; if any insurance losses are paid by check, draft or other instrument payable to the Grantor and the Collateral Agent Secured Parties jointly, the Collateral Agent Secured Parties may endorse the Grantor's ’s name thereon and do such other things as the Collateral Agent Secured Parties may deem advisable to reduce the same to cash. The Collateral Agent is ; the Secured Parties are hereby authorized to adjust and compromise claims. All ; all loss recoveries received by the Collateral Agent Secured Parties upon any such insurance may shall be applied to the Obligations, in such order as the Collateral Agent Secured Parties in its their sole discretion shall determine. Any In that event, any surplus shall be paid by the Collateral Agent Secured Parties to the Grantor or applied as may be otherwise required by law. Any , and any deficiency thereon shall be paid by the Grantor to the Collateral AgentSecured Parties, on demand.

Risk of Loss; Insurance. The Grantor Tenant shall bear the full risk of loss be responsible for loss, damage or injury caused by its own negligence or willful conduct. Resident will indemnify Landlord and its agents and employees and hold it harmless from and against any and all claims, actions, damages, liability and expense (including attorney’s fees through all appeals) in connection with loss of life, personal injury and/or damage to persons or property, arising from or out of the use by Resident of the premises or any nature whatsoever with respect part thereof or any other part of Landlord’s property, or occasioned wholly or in part by an act of omission of Resident, it’s agent(s), family, employee(s), occupant(s), servant(s) or guest(s) affecting any of such person(s). Tenant should carry insurance covering Tenant’s personal property and Xxxxxx’s liability insurance. Tenant acknowledges that Xxxxxxxx does not maintain insurance to the Collateralprotect Tenant against personal injury, loss or damage to Xxxxxx’s personal property or belongings, or to cover Xxxxxx’s own personal liability for injury, loss or damage Xxxxxx (or Xxxxxx’s occupants or guests) may cause others. At it's Xxxxxx also acknowledges that by not maintaining Tenant’s own cost and expense in amounts and with carriers acceptable to the Collateral Agent, it shall (a) keep all its insurable properties and properties in which it has an interest insured against the hazards policy of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazards, and for such amounts, as is customary in the case of companies engaged in businesses similar to the Grantor's including, without limitation, public and product personal liability insurance, worker's compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's officers and employees and business interruption insurance; Tenant may be responsible to others (bincluding Landlord) furnish the Collateral Agent with (i) copies of all policies and evidence of the maintenance of such policies at least 30 days before any expiration date, and (ii) appropriate loss payable endorsements in form and substance satisfactory to the Collateral Agent, naming the Collateral Agent for the benefit of the Secured Parties as loss payees and providing that as to the Collateral Agent for the benefit of the Secured Parties the insurance coverage shall not be impaired or invalidated by any act or neglect of the Grantor and the insurer will provide the Collateral Agent with at least 30 days notice prior to cancellation. The Grantor shall instruct the insurance carriers that in the event full cost of any injury, loss thereunderor damage caused by Xxxxxx’s actions or the actions of Xxxxxx’s occupants or guests, including but not limited to fire damage. For the carriers shall make payment for such loss duration of Xxxxxx’s lease, Tenant must maintain a personal liability insurance policy, which provides limits of liability to third parties in an amount not less than $100,000 per occurrence. Tenant will ensure that the Collateral Agent and not to liability insurance policy indentifies the Grantor and the Collateral Agent jointly. If any insurance losses are paid by check, draft Landlord or other instrument payable to the Grantor and the Collateral Agent jointly, the Collateral Agent may endorse the Grantor's name thereon and do such other things property management company as the Collateral Agent may deem advisable to reduce the same to cash. The Collateral Agent is hereby authorized to adjust and compromise claims. All loss recoveries received by the Collateral Agent upon any such insurance may be applied to the Obligations, in such order as the Collateral Agent in its sole discretion shall determine. Any surplus shall be paid by the Collateral Agent to the Grantor an “Additional Insured,” “Party of Interest” or applied “Interested Party” (or similar language as may be otherwise available). Tenant understands and agrees to maintain at all times during the term of the lease and any renewal periods, a policy of personal liability insurance with this limit and other satisfying the requirements listed below, at your sole expense. Tenant is required by to purchase and maintain personal liability insurance covering Tenant, Xxxxxx’s occupants and guests, for personal injury and property damage caused to third-parties (including damages to Landlord’s property), with the minimum policy coverage amount set forth above, from a licensed insurance carrier authorized to issue such insurance. The carrier is required to provide notice to Landlord within 10 days of any cancellation, nonrenewal, or material change in Tenant’s coverage. Landlord retains the right to hold Tenant responsible for any loss in excess of your insurance coverage. Any default under the terms of this paragraph shall be deemed an immediate, material and incurable default under the terms of the lease, and Landlord shall be entitled to exercise all right and remedies under the law. Any deficiency thereon shall If Tenant fails to pay the insurance charge or if Tenant allows policy to expire or cancel, Tenant will be paid in default under the terms of lease. Tenant must provide Landlord proof of insurance by the Grantor uploading insurance documentation via tenant’s online portal; refusal to the Collateral Agentprovide insurance documentation is a breach of this Lease. If Tenant fails to provide proof of insurance within 14 days after lease start date, on demand.Landlord will charge a monthly fee of $100, which is considered additional rent. Tenant Holding Account

Risk of Loss; Insurance. The Grantor shall bear the full risk of loss from any loss of any nature whatsoever with respect to the Collateral. At it's own cost and expense in amounts and with carriers acceptable to the Collateral AgentSecured Parties, it shall (a) keep all its insurable properties and properties in which it has an interest insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazards, and for such amounts, as is customary in the case of companies engaged in businesses similar to the Grantor's including, without limitation, public and product liability insurance, worker's compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's officers and employees and business interruption insurance; (b) furnish the Collateral Agent Secured Parties with (i) copies of all policies and evidence of the maintenance of such policies at least 30 days before any expiration date, and (ii) appropriate loss payable endorsements in form and substance satisfactory to the Collateral AgentSecured Parties, naming the Collateral Agent for the benefit of the Secured Parties as loss payees and providing that as to the Collateral Agent for the benefit of the Secured Parties the insurance coverage shall not be impaired or invalidated by any act or neglect of the Grantor and the insurer will provide the Collateral Agent Secured Parties with at least 30 days notice prior to cancellation. The Grantor shall instruct the insurance carriers that in the event of any loss thereunder, the carriers shall make payment for such loss to the Collateral Agent Secured Parties and not to the Grantor and the Collateral Agent Secured Parties jointly. If any insurance losses are paid by check, draft or other instrument payable to the Grantor and the Collateral Agent Secured Parties jointly, the Collateral Agent Secured Parties may endorse the Grantor's name thereon and do such other things as the Collateral Agent Secured Parties may deem advisable to reduce the same to cash. The Collateral Agent is Secured Parties are hereby authorized to adjust and compromise claims. All loss recoveries received by the Collateral Agent Secured Parties upon any such insurance may be applied to the Obligations, in such order as the Collateral Agent Secured Parties in its their sole discretion shall determine. Any surplus shall be paid by the Collateral Agent Secured Parties to the Grantor or applied as may be otherwise required by law. Any deficiency thereon shall be paid by the Grantor to the Collateral AgentSecured Parties, on demand.

Risk of Loss; Insurance. The Grantor Company shall bear the full risk of loss from any loss of any nature whatsoever with respect to the Collateral. At it's own cost and expense in amounts and with carriers reasonably acceptable to the Collateral Agent, it shall (a) keep all its insurable properties and properties in which it has an interest insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazards, and for such amounts, as is customary in the case of companies engaged in businesses similar to the GrantorCompany's including, without limitation, public and product liability insurance, worker's compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's officers and employees and business interruption insurance; (b) furnish the Collateral Agent with (i) copies of all policies and evidence of the maintenance of such policies at least 30 thirty (30) days before any expiration date, and (ii) appropriate loss payable endorsements in form and substance satisfactory to the Collateral Agent, naming the Collateral Agent for the benefit of the Secured Parties as loss payees payee and providing that as to the Collateral Agent for the benefit of the Secured Parties the insurance coverage shall not be impaired or invalidated by any act or neglect of the Grantor Company and the insurer will provide the Collateral Agent with at least 30 thirty (30) days notice prior to cancellation. The Grantor Company shall instruct the insurance carriers that in the event of any loss thereunder, the carriers shall make payment for such loss to the Collateral Agent and not to the Grantor Company and the Collateral Agent jointly. If any insurance losses are paid by check, draft or other instrument payable to the Grantor Company and the Collateral Agent jointly, the Collateral Agent may endorse the GrantorCompany's name thereon and do such other things as the Collateral Agent may deem advisable to reduce the same to cash. The Following the occurrence of an Event of Default, the Collateral Agent is hereby authorized to adjust and compromise claims. All loss recoveries received by the Collateral Agent upon any such insurance may be applied to the Obligations, in such order as the Collateral Agent Investors in its their sole discretion shall determine. Any surplus shall be paid by the Collateral Agent to the Grantor Company or applied as may be otherwise required by law. Any deficiency thereon shall be paid by the Grantor Company to the Collateral Agent, on demand.

Risk of Loss; Insurance. The Grantor (a) Borrower agrees that it shall bear the full all risk of loss from loss, damage to or destruction of the Equipment. Borrower shall give Lender prompt notice of any damage to or loss of the Equipment or of any nature whatsoever occurrence arising from the possession, use or operation of the Equipment resulting in death or bodily injury, or damage to property. In the event of damage to any item(s) of Equipment, borrower shall immediately place such item(s) in good repair (with respect no abatement of payments hereunder or under the Note), with the proceeds of any insurance recovery applied to the Collateralcost of such repair. At it's own cost If, however, any item(s) of Equipment shall become lost, stolen, destroyed, worn out, damaged beyond repair, condemned, confiscated, seized or requisitioned (herein "Event of Loss"), Borrower shall, at the option of Lender, either replace the same with like equipment in good repair (with no abatement of payments hereunder or under the Note), or pay to Lender on the next scheduled payment date immediately following such Event of Loss, the remaining unpaid principal balance of the Note, all accrued but unpaid interest thereon, plus all other amounts due from Borrower hereunder, whereupon the Agreement shall terminate. (b) Until satisfaction by Borrower of its Obligations, Borrower, at its expense, shall maintain comprehensive general liability insurance, and expense "fire and allied perils" and "all risks" property insurance covering the Equipment (as primary insurance for Borrower and Lender), both in such amounts as Lender shall require, except that such property insurance shall be in an amount at least equal to the remaining unpaid principal balance of the Note and such insurance shall be placed with carriers acceptable to Lender. The liability insurance policy shall name Lender (and any assignee of Lender) as additional insured(s) and the Collateral Agent, it property insurance policy shall name Lender (aand any assignee of Lender) keep all as loss payee(s) tot he extent its insurable properties and properties in which it has an interest insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazardsinterest(s) may appear, and for such amounts, as is customary in the case of companies engaged in businesses similar to the Grantor's including, both policies shall provide that they may not be cancelled or altered without limitation, public and product liability insurance, worker's compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's officers and employees and business interruption insurance; (b) furnish the Collateral Agent with (i) copies of all policies and evidence of the maintenance of such policies at least 30 thirty (30) days before prior written notice to Lender (and any expiration date, assignee of Lender). Borrower irrevocably appoints Lender its agent and (ii) appropriate loss payable endorsements in form and substance satisfactory to the Collateral Agent, naming the Collateral Agent attorney-in-fact for the benefit purpose of adjusting and settling any property insurance hereunder and endorsing in Borrower's name any instruments or payments received in respect thereof. Borrower shall furnish to Lender, upon request, a certificate of insurance that such coverage is in effect, however, Lender shall be under no duty either to ascertain the Secured Parties as loss payees and providing that as existence of or to the Collateral Agent for the benefit of the Secured Parties the examine such insurance coverage shall not be impaired policies or invalidated by any act or neglect of the Grantor and the insurer will provide the Collateral Agent with at least 30 days notice prior to cancellation. The Grantor shall instruct the insurance carriers that advise Borrower in the event of any loss thereunder, the carriers shall make payment for such loss to the Collateral Agent and not to the Grantor and the Collateral Agent jointly. If any insurance losses are paid by check, draft or other instrument payable to the Grantor and the Collateral Agent jointly, the Collateral Agent may endorse the Grantor's name thereon and do such other things as the Collateral Agent may deem advisable to reduce the same to cash. The Collateral Agent is hereby authorized to adjust and compromise claims. All loss recoveries received by the Collateral Agent upon any that such insurance may be applied to coverage does not comply with the Obligations, in such order as the Collateral Agent in its sole discretion shall determine. Any surplus shall be paid by the Collateral Agent to the Grantor or applied as may be otherwise required by law. Any deficiency thereon shall be paid by the Grantor to the Collateral Agent, on demandrequirements hereof.

Risk of Loss; Insurance. The Grantor Tenant agrees that all personal property in said premises shall bear be and remain at the full sole risk of loss from any loss of any nature whatsoever with respect to the Collateral. At it's own cost and expense in amounts and with carriers acceptable to the Collateral Agent, it shall (a) keep all its insurable properties and properties in which it has an interest insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazardsTenant, and for such amounts, as is customary in the case of companies engaged in businesses similar to the Grantor's including, without limitation, public and product liability insurance, worker's compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's officers and employees and business interruption insurance; (b) furnish the Collateral Agent with (i) copies of all policies and evidence of the maintenance of such policies at least 30 days before any expiration date, and (ii) appropriate loss payable endorsements in form and substance satisfactory to the Collateral Agent, naming the Collateral Agent for the benefit of the Secured Parties as loss payees and providing that as to the Collateral Agent for the benefit of the Secured Parties the insurance coverage Landlord shall not be impaired liable to Tenant, its employees, agents, contractors, business invitees, licensees, customers, clients, family members, guests or invalidated by other persons, for any damage to or loss of such personal property or bodily injury arising from any act or neglect acts of negligence of any person or persons, or from the leaking roof, or from the bursting, leaking or overflowing of water, sewer or steam pipes, or from heating or plumbing fixtures, or from any other cause whatsoever, and Tenant agrees not to do anything or permit anything to be done or brought on to the premises which shall increase the rate of fire or similar insurance on the building. If the rate of fire or similar insurance on the building increases because of Tenant's possession of the Grantor and the insurer will provide the Collateral Agent with at least 30 days notice prior to cancellation. The Grantor shall instruct the insurance carriers that in the event of property for any loss thereunderreason, the carriers shall make payment for such loss to the Collateral Agent and not to the Grantor and the Collateral Agent jointly. If any insurance losses are paid by check, draft or other instrument payable to the Grantor and the Collateral Agent jointly, the Collateral Agent may endorse the Grantor's name thereon and do such other things as the Collateral Agent may deem advisable to reduce the same to cash. The Collateral Agent is hereby authorized to adjust and compromise claims. All loss recoveries received by the Collateral Agent upon any such insurance may be applied to the Obligations, in such order as the Collateral Agent in its sole discretion shall determine. Any surplus increase shall be paid by Tenant no later than five (5) days of receipt of such notification by Landlord. Tenant agrees to indemnify and hold Landlord, its offices and agents, harmless from and against any and all liability and expense of any nature, including court costs and attorney's fees, arising out of or connected with Tenant's use and occupancy of the Collateral Agent premises. In addition, Tenant agrees to maintain liability insurance for bodily injury and property damage of at least $1,000,000/$1,000,000. In addition, Tenant shall pay its proportionate share of insurance maintained by the Landlord on the Building within five (5) days of receipt of request for payment. Notwithstanding anything to the Grantor or applied as may be otherwise required by law. Any deficiency thereon contrary contained in this Lease, beginning on the date of this Lease and at all times thereafter during the term of this Lease, the Landlord shall be paid by the Grantor to the Collateral Agent, on demand.maintain:

Risk of Loss; Insurance. The Grantor Company shall bear the full risk of loss from any loss of any nature whatsoever with respect to the Collateral. At itthe Company's own cost and expense in amounts and with carriers acceptable to the Collateral AgentLenders, it the Company shall (a) keep all its insurable properties and properties in which it has an interest insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazards, and for such amounts, as is customary in the case of companies engaged in businesses similar to the GrantorCompany's including, without limitation, public and product liability insurance, worker's compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's officers and employees and business interruption insurance; (b) furnish the Collateral Agent Lenders with (i) copies of all policies and evidence of the maintenance of such policies at least 30 days before and will consult in good faith with the Lenders regarding replacement or renewal of coverage in advance of any expiration date, and (ii) obtain appropriate loss payable endorsements in form and substance satisfactory to the Collateral AgentLenders, naming the Collateral Agent for the benefit of the Secured Parties Lenders as loss payees payee and providing that as to the Collateral Agent for the benefit of the Secured Parties Lenders the insurance coverage shall not be impaired or invalidated by any act or neglect of the Grantor Company and the insurer will provide the Collateral Agent Lenders with at least 30 thirty (30) days notice prior to cancellation. The Grantor shall instruct the insurance carriers that in the event Upon an Event of any loss thereunder, the carriers shall make payment for such loss to the Collateral Agent and not to the Grantor and the Collateral Agent jointly. If any insurance losses are paid by check, draft or other instrument payable to the Grantor and the Collateral Agent jointly, the Collateral Agent may endorse the Grantor's name thereon and do such other things as the Collateral Agent may deem advisable to reduce the same to cash. The Collateral Agent is hereby authorized to adjust and compromise claims. All Default: (i) all loss recoveries received by the Collateral Agent Lenders upon any such insurance may be applied to the Obligations, in such order as obligations represented by the Collateral Agent in its sole discretion shall determine. Any Notes; (ii) any surplus shall be paid by the Collateral Agent Lenders to the Grantor Company or applied as may be otherwise required by law. Any : and (iii) any deficiency thereon shall be paid by the Grantor Company to the Collateral AgentLenders, on demand.

Risk of Loss; Insurance. The Grantor shall bear Lessee assumes the full entire risk of loss for damages to the Equipment and for all liability (including liability to third parties or to Lessee’s agents and employees) arising from Lessee’s operation, storage, or use of the Equipment. Lessee agrees to keep the Equipment insured, at Lessee’s expense, to protect all interests of the Lessor, at Lessee’s expense, against all risks of loss, damage, and liability from any cause whatsoever. Lessor shall be named as an additional insured in all said policies and as loss payee in the policies insuring the Equipment. The proceeds of such insurance, whether resulting from loss, return premium, or otherwise, shall be applied toward the replacement or repair of the Equipment or the payment of obligations of Lessee, at the option of Lessor. The casualty insurance maintained by Lessee in accordance with this Lease shall be in an amount at least equal to the replacement cost of the Equipment. The liability insurance maintained by Lessee in accordance with this Lease shall be in an amount of at least One Million and No/100 Dollars ($1,000,000.00) per occurrence or such greater amount as may be comply with general industry standards. All insurance policies shall be written by properly licensed insurers and in form and terns reasonably satisfactory to Lessor; shall provide for at least thirty (30) days’ prior written notice to Lessor before any cancellation or material modification; shall waive any claim for premium against Lessor; and shall provide that Lessor shall be insured regardless of any nature whatsoever with respect breach by Lessee of any representation, warranty, or covenant in any such policy or any application for such policy. Lessee shall deliver to the Collateral. At it's own cost and expense in amounts and with carriers acceptable to the Collateral AgentLessor certificates of insurance, it shall (a) keep all its insurable properties and properties in which it has an interest insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazardspolicy copies, and for other evidence satisfactory to Lessor evidencing the insurance required hereby, and at Lessor’ request Lessee shall furnish copies of such amounts, as is customary in policies to Lessor. In the case of companies engaged in businesses similar to the Grantor's includingrenewals, without limitation, public and product liability insurance, worker's compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's officers and employees and business interruption insurance; (b) furnish the Collateral Agent with (i) copies of all policies and evidence of the maintenance of such policies renewal shall be delivered to Lessor at least 30 five (5) days before any prior to expiration date, and (ii) appropriate loss payable endorsements in form and substance satisfactory to the Collateral Agent, naming the Collateral Agent for the benefit of the Secured Parties as loss payees and providing that as to the Collateral Agent for the benefit of the Secured Parties the insurance coverage shall not be impaired or invalidated by any act or neglect of the Grantor and the insurer will provide the Collateral Agent with at least 30 days notice prior to cancellation. The Grantor shall instruct the insurance carriers that in the event of any loss thereunder, the carriers shall make payment for such loss to the Collateral Agent and not to the Grantor and the Collateral Agent jointly. If any insurance losses are paid by check, draft or other instrument payable to the Grantor and the Collateral Agent jointly, the Collateral Agent may endorse the Grantor's name thereon and do such other things as the Collateral Agent may deem advisable to reduce the same to cash. The Collateral Agent is hereby authorized to adjust and compromise claims. All loss recoveries received by the Collateral Agent upon any such insurance may be applied to the Obligations, in such order as the Collateral Agent in its sole discretion shall determine. Any surplus shall be paid by the Collateral Agent to the Grantor or applied as may be otherwise required by law. Any deficiency thereon shall be paid by the Grantor to the Collateral Agent, on demandcurrent policy.

Risk of Loss; Insurance. The Grantor shall bear Title to each shipment of the full Products sold hereunder and risk of loss from thereon shall pass to Customer when Gatan or its agent delivers such shipment to a common carrier or licensed trucker consigned to Customer, or his agent, but such shipment shall remain subject to Xxxxx’s rights of stoppage in transit and of reclamation. If the Customer fails to provide shipping instructions acceptable to Gatan prior to shipment date, or if payment is to be made on or before delivery, title and risk of loss shall pass to Customer as soon as the shipment has been set aside by Xxxxx and invoiced to Customer (subject to Gatan’s rights as an unpaid creditor) and payment shall be made in accordance with invoice as though the Products had been shipped and accepted by Customer and Gatan shall be under no duty to carry insurance thereafter. CONSIGNED PRODUCTS. Customer acknowledges that certain Products provided by Gatan may be supplied on a consignment basis. In the event that any Products are designated on the face of this Contract as consigned Products, then Customer agrees to execute all documents provided by Gatan necessary to effectuate the consignor- consignee relationship and, in addition to any terms and conditions of consignment, specifically agrees that Xxxxx shall retain title to all consigned Products. Although title to the consigned Products shall remain in Gatan, risk of loss shall pass to Customer when Gatan or its representatives deliver such shipment to a common carrier or licensed trucker consigned to Customer or his agent. Accordingly, Customer shall be responsible for all insurance and other damages which should result to these Products upon passage of the Products to Customer. Customer shall keep a current and accurate inventory and record of all consigned Products and shall permit Gatan or Xxxxx’s representative to inspect said records and said Products at any reasonable time upon demand. Customer will be solely responsible for the safety, condition, operation and use of these Products and agrees to strictly comply with Xxxxx’s operational and maintenance recommendations. Customer will not make any modifications of any nature whatsoever with respect without Xxxxx’s prior written authorization. Gatan, at its sole discretion, may terminate the consignment agreement at any time. In the event of a termination, Customer agrees to, within ten (10) days, return these Products to Gatan or, at Xxxxx’s discretion, allow Xxxxx authorized service personnel to remove these Products. ACCEPTANCE. Customer or Customer’s agent may inspect the Products at the place of manufacture. Customer shall accept any tender of the Products by Gatan that substantially conform to the Collateraldescription of the Products set forth herein. At it's own cost Customer shall be deemed to have accepted any Product and expense Customer’s right to cancel, reject, or claim any damages for breach of warranty or breach of Gatan’s obligation under this Contract shall cease, unless Customer gives Gatan notice in amounts and with carriers acceptable to the Collateral Agent, it shall writing of Xxxxx’s breach: (a) keep all its insurable properties and properties in which it has an interest insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazards, and for such amounts, as is customary in the case of companies engaged in businesses similar to defects identifiable through inspection, fourteen (14) days after arrival of the Grantor's including, without limitation, public and product liability insurance, worker's compensation, insurance against larceny, embezzlement shipment or other criminal misappropriation of insured's officers and employees and business interruption insurance; (b) furnish in the Collateral Agent with case of defects not discoverable through inspection, thirty (i30) copies days after invoice date. In the case on non-conforming Products Customer shall immediately notify Gatan whether or not Customer will continue to accept similarly non- conforming Products and acceptance of all policies and evidence any non- conforming Products shall constitute a waiver by Customer of specification requirements for said Products. In any event, should the maintenance Customer make any modifications of such policies at least 30 days before any expiration date, and (ii) appropriate loss payable endorsements in form and substance satisfactory nature to the Collateral AgentProducts, naming the Collateral Agent for the benefit of the Secured Parties as loss payees and providing that as to the Collateral Agent for the benefit of the Secured Parties the insurance coverage shall not be impaired or invalidated by any act or neglect of the Grantor and the insurer will provide the Collateral Agent with at least 30 days notice prior to cancellation. The Grantor shall instruct the insurance carriers that in the event of any loss thereunder, the carriers shall make payment for such loss to the Collateral Agent and not to the Grantor and the Collateral Agent jointly. If any insurance losses are paid by check, draft or other instrument payable to the Grantor and the Collateral Agent jointly, the Collateral Agent may endorse the Grantor's name thereon and do such other things as the Collateral Agent may deem advisable to reduce the same to cash. The Collateral Agent is hereby authorized to adjust and compromise claims. All loss recoveries received by the Collateral Agent upon any such insurance may be applied to the Obligations, in such order as the Collateral Agent in its sole discretion shall determine. Any surplus Customer shall be paid by deemed to have accepted the Collateral Agent to the Grantor or applied as may be otherwise required by lawproduct. Any deficiency thereon Customer’s acceptance of Products tendered under this Contract shall be paid by the Grantor to the Collateral Agent, on demandfinal and irrevocable.

Risk of Loss; Insurance. The Grantor shall bear the full Lessee hereby assumes all risk of loss from the occurrence of a Casualty Event while the Equipment is in transit, in Xxxxxx's possession or under Xxxxxx's control. The occurrence of a Casualty Event shall not impair any loss obligation of Lessee under this Lease. Lessee shall promptly notify Lessor of the occurrence of any nature whatsoever with respect Casualty Event. Xxxxxx agrees to keep the CollateralEquipment insured to protect all interests of Lessor, at Xxxxxx's expense, against all Casualty Events for not less than the unpaid balance of the lease rentals due hereunder or 80% of the then current value of Equipment, whichever is higher and in addition shall obtain and maintain insurance in an amount reasonable under the circumstances for public liability and property damage. At it's own cost All such insurance policies and expense the proceeds therefrom shall be the sole property of Lessor and Lessor shall be named as an additional insured and additional loss payee in amounts all said policies and with carriers acceptable to as sole loss payee in policies insuring the Collateral Agent, it shall (a) keep all its insurable properties and properties in which it has an interest insured against the hazards Equipment. The proceeds of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazards, and for such amounts, as is customary in the case of companies engaged in businesses similar to the Grantor's including, without limitation, public and product liability insurance, worker's compensation, insurance against larceny, embezzlement whether resulting from loss or other criminal misappropriation of insured's officers and employees and business interruption insurance; (b) furnish damage or return premium or otherwise shall be applied toward the Collateral Agent with (i) copies of all policies and evidence replacement or repair of the maintenance Equipment or the payment of obligations of Lessee hereunder, at the option of Lessor. Lessee hereby appoints Lessor as Xxxxxx's attorney-in-fact to make claim for, receive payment of an execute or endorse all documents, checks or drafts for loss or damage or return premium under insurance policies issued on the Equipment. All such policies at least 30 days before any expiration date, and (ii) appropriate loss payable endorsements in form and substance satisfactory to the Collateral Agent, naming the Collateral Agent for the benefit of the Secured Parties as loss payees and providing shall provide that as to the Collateral Agent for the benefit of the Secured Parties the insurance coverage shall not be impaired or invalidated by any act or neglect of the Grantor and the insurer will provide the Collateral Agent with at least 30 days notice prior to cancellation. The Grantor shall instruct the insurance carriers that in the event of any loss thereunder, the carriers shall make payment for such loss to the Collateral Agent and not to the Grantor and the Collateral Agent jointly. If any insurance losses are paid by check, draft or other instrument payable to the Grantor and the Collateral Agent jointly, the Collateral Agent may endorse the Grantor's name thereon and do such other things as the Collateral Agent may deem advisable to reduce the same to cash. The Collateral Agent is hereby authorized to adjust and compromise claims. All loss recoveries received by the Collateral Agent upon any such insurance they may be applied cancelled only after giving 30 days' prior written notification to the ObligationsLessor. XXXXXX SHALL INDEMNIFY AND HOLD LESSOR HARMLESS FROM ANY LOSS, in such order as the Collateral Agent in its sole discretion shall determine. Any surplus shall be paid by the Collateral Agent to the Grantor or applied as may be otherwise required by law. Any deficiency thereon shall be paid by the Grantor to the Collateral AgentCLAIM OR DAMAGE TO PERSONS OR PROPERTY ARISING OUT OF LESSEE'S USE, on demandPOSSESSION OR STORAGE OF THE EQUIPMENT.

Risk of Loss; Insurance. The Grantor Company shall bear the full risk of loss from any loss of any nature whatsoever with respect to the Collateral. At it's the Company’s own cost and expense in amounts and with carriers acceptable to the Collateral AgentLender, it the Company shall (a) keep all its insurable properties and properties in which it has an interest insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazards, and for such amounts, as is customary in the case of companies engaged in businesses similar to the Grantor's Company’s including, without limitation, public and product liability insurance, worker's ’s compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's ’s officers and employees and business interruption insurance; (b) furnish the Collateral Agent Lender with (i) copies of all policies and evidence of the maintenance of such policies at least 30 days before and will consult in good faith with the Lender regarding replacement or renewal of coverage in advance of any expiration date, and (ii) obtain appropriate loss payable endorsements in form and substance satisfactory to the Collateral AgentLender, naming the Collateral Agent for the benefit of the Secured Parties Lender as loss payees payee and providing that as to the Collateral Agent for the benefit of the Secured Parties Lender the insurance coverage shall not be impaired or invalidated by any act or neglect of the Grantor Company and the insurer will provide the Collateral Agent Lender with at least 30 thirty (30) days notice prior to cancellation. The Grantor shall instruct the insurance carriers that in the event Upon an Event of any loss thereunder, the carriers shall make payment for such loss to the Collateral Agent and not to the Grantor and the Collateral Agent jointly. If any insurance losses are paid by check, draft or other instrument payable to the Grantor and the Collateral Agent jointly, the Collateral Agent may endorse the Grantor's name thereon and do such other things as the Collateral Agent may deem advisable to reduce the same to cash. The Collateral Agent is hereby authorized to adjust and compromise claims. All Default: (i) all loss recoveries received by the Collateral Agent Lender upon any such insurance may be applied to the Obligations, in such order as the Collateral Agent Lender in its sole discretion shall determine. Any ; (ii) any surplus shall be paid by the Collateral Agent Lender to the Grantor Company or applied as may be otherwise required by law. Any : and (iii) any deficiency thereon shall be paid by the Grantor Company to the Collateral AgentLender, on demand.

Risk of Loss; Insurance. The Grantor Company shall bear the full risk of loss from any loss of any nature whatsoever with respect to the Collateral. At it's the Company’s own cost and expense in amounts and with carriers acceptable to the Collateral AgentLender, it the Company shall (a) keep all its insurable properties and properties in which it has an interest insured against the hazards of fire, flood, sprinkler leakage, those hazards covered by extended coverage insurance and such other hazards, and for such amounts, as is customary in the case of companies engaged in businesses similar to the Grantor's Company’s including, without limitation, public and product liability insurance, worker's ’s compensation, insurance against larceny, embezzlement or other criminal misappropriation of insured's ’s officers and employees and business interruption insurance; (b) furnish the Collateral Agent Lender with (i) copies of all policies and evidence of the maintenance of such policies at least 30 days before and will consult in good faith with the Lender regarding replacement or renewal of coverage in advance of any expiration date, and (ii) obtain appropriate loss payable endorsements in form and substance satisfactory to the Collateral AgentLender, naming the Collateral Agent for the benefit of the Secured Parties Lender as loss payees payee and providing that as to the Collateral Agent for the benefit of the Secured Parties Lender the insurance coverage shall not be impaired or invalidated by any act or neglect of the Grantor Company and the insurer will provide the Collateral Agent Lender with at least 30 thirty (30) days notice prior to cancellation. The Grantor shall instruct the insurance carriers that in the event Upon an Event of any loss thereunder, the carriers shall make payment for such loss to the Collateral Agent and not to the Grantor and the Collateral Agent jointly. If any insurance losses are paid by check, draft or other instrument payable to the Grantor and the Collateral Agent jointly, the Collateral Agent may endorse the Grantor's name thereon and do such other things as the Collateral Agent may deem advisable to reduce the same to cash. The Collateral Agent is hereby authorized to adjust and compromise claims. All Default: (i) all loss recoveries received by the Collateral Agent Lender upon any such insurance may be applied to the Obligations, in such order as the Collateral Agent Lender in its sole discretion shall determine. Any ; (ii) any surplus shall be paid by the Collateral Agent Lender to the Grantor Company or applied as may be otherwise required by law. Any ; and (iii) any deficiency thereon shall be paid by the Grantor Company to the Collateral AgentLender, on demand.