Common use of Public Liability Insurance Clause in Contracts

Public Liability Insurance. The Borrower shall maintain or cause to be maintained so long as Bonds are Outstanding under the Indenture, a commercial general liability coverage, including products, completed operations, contractual, bodily injury, personal injury, and property damage in the amount of at least Five Million Dollars ($5,000,000) combined single limits, naming the Authority, members of the Authority, the Trustee and their members, officers, officials, employees, volunteers, agents, and representatives as additional insureds. All such insurance (i) shall be primary insurance and not contributory with any other insurance which the Authority, the Trustee or their members, officers, officials, employees, volunteers, agents, or representatives may have; (ii) shall contain no special limitations on the scope of protection afforded to the Authority, the Trustee and their members, officers, officials, employees, volunteers, agents, and representatives; (iii) shall be “per occurrence” rather than “claims made” insurance (in the event the Borrower is unable to obtain such policy, or believes that such policy’s premium is not reasonable, the Borrower shall submit proof of such contention to the Authority, upon which event the Authority may, after review of such information, authorize a “claims made” policy for the Project); (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; (v) shall provide that the policy will not be canceled or limited in scope by the insurer or the Borrower’s contractor unless there is a minimum of thirty (30) days prior written notice by certified mail, return receipt requested to the Authority and Oversight Agent; (vi) shall be written by an insurer with a Best rating of not less than B+ (and if the Bonds are then rated by S&P, at least “BBB-” by S&P); and (vii) shall be endorsed to state that any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the Authority and its officers, officials, employees, volunteers, agents, and representatives. None of the above described policies shall include a deductible or self insured retention amount of more than Ten Thousand Dollars ($10,000) unless approved in writing by an authorized representative of the Authority upon the advice of the Oversight Agent. Such insurance may be maintained as part of or in conjunction with any other insurance coverage carried by the Borrower. The Net Proceeds of such liability insurance shall be applied by the Borrower toward extinguishment or satisfaction of the liability with respect to which the Net Proceeds of such insurance shall have been paid.

Public Liability Insurance. The Borrower shall maintain or cause to be maintained so long as Bonds are Outstanding under the Indenture, a commercial general liability coverage, including products, completed operations, contractual, bodily injury, personal injury, and property damage in the amount of at least Five Million Dollars ($5,000,000) combined single limits, naming the Authority, members of the Authority, the Trustee and their members, officers, officials, employees, volunteers, agents, and representatives as additional insureds. All such insurance (i) shall be primary insurance and not contributory with any other insurance which the Authority, the Trustee or their members, officers, officials, employees, volunteers, agents, or representatives may have; (ii) shall contain no special limitations on the scope of protection afforded to the Authority, the Trustee and their members, officers, officials, employees, volunteers, agents, and representatives; (iii) shall be “per occurrence” rather than “claims made” insurance (in the event the Borrower is unable to obtain such policy, or believes that such policy’s premium is not reasonable, the Borrower shall submit proof of such contention to the Authority, upon which event the Authority may, after review of such information, authorize a “claims made” policy for the Project); (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; (v) shall provide that the policy will not be canceled or limited in scope by the insurer or the Borrower’s contractor unless there is a minimum of thirty (30) days prior written notice by certified mail, return receipt requested to the Authority and Oversight Agent; (vi) shall be written by an insurer with a Best rating of not less than B+ (and if the Series A Bonds are then rated by S&P, at least “BBB-” by S&P); and (vii) shall be endorsed to state that any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the Authority and its officers, officials, employees, volunteers, agents, and representatives. None of the above described policies shall include a deductible or self insured retention amount of more than Ten Thousand Dollars ($10,000) unless approved in writing by an authorized representative of the Authority upon the advice of the Oversight Agent. Such insurance may be maintained as part of or in conjunction with any other insurance coverage carried by the Borrower. The Net Proceeds of such liability insurance shall be applied by the Borrower toward extinguishment or satisfaction of the liability with respect to which the Net Proceeds of such insurance shall have been paid.

Public Liability Insurance. The Borrower shall maintain or cause to be maintained so long as Bonds are Outstanding under the Indenture, a commercial general liability coverage, including products, completed operations, contractual, bodily injury, personal injury, and property damage in the amount of at least Five Million Dollars ($5,000,000) combined single limits, naming the Authority, members of the Authority, the Trustee and their members, officers, officials, employees, volunteers, agents, and representatives as additional insureds. All such insurance (i) shall be primary insurance and not contributory with any other insurance which the Authority, the Trustee or their members, officers, officials, employees, volunteers, agents, or representatives may have; (ii) shall contain no special limitations on the scope of protection afforded to the Authority, the Trustee and their members, officers, officials, employees, volunteers, agents, and representatives; (iii) shall be “per occurrence” rather than “claims made” insurance (in the event the Borrower is unable to obtain such policy, or believes that such policy’s premium is not reasonable, the Borrower shall submit proof of such contention to the Authority, upon which event the Authority may, after review of such information, authorize a “claims made” policy for the Project); (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; (v) shall provide that the policy will not be canceled or limited in scope by the insurer or the Borrower’s contractor unless there is a minimum of thirty (30) days prior written notice by certified mail, return receipt requested to the Authority and Oversight Agent; (vi) shall be written by an insurer with a Best rating of not less than B+ (and if the Bonds are then rated by S&P, at least “BBB-” by S&P)B+; and (vii) shall be endorsed to state that any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the Authority and its officers, officials, employees, volunteers, agents, and representatives. None of the above described policies shall include a deductible or self insured retention amount of more than Ten Thousand Dollars ($10,000) unless approved in writing by an authorized representative of the Authority upon the advice of the Oversight Agent. Such insurance may be maintained as part of or in conjunction with any other insurance coverage carried by the Borrower. The Net Proceeds of such liability insurance shall be applied by the Borrower toward extinguishment or satisfaction of the liability with respect to which the Net Proceeds of such insurance shall have been paid.

Public Liability Insurance. The Borrower shall maintain or cause to be maintained so long as Bonds are Outstanding under the Indenture, a commercial general liability coverage, including products, completed operations, contractual, bodily injury, personal injury, and property damage in the amount of at least Five Million Dollars ($5,000,000) combined single limits, naming the Authority, members of the Authority, the Trustee and their members, officers, officials, employees, volunteers, agents, and representatives as additional insureds. All such insurance (i) shall be primary insurance and not contributory with any other insurance which the Authority, the Trustee or their members, officers, officials, employees, volunteers, agents, or representatives may have; (ii) shall contain no special limitations on the scope of protection afforded to the Authority, the Trustee and their members, officers, officials, employees, volunteers, agents, and representatives; (iii) shall be “per occurrence” rather than “claims made” insurance (in the event the Borrower is unable to obtain such policy, or believes that such policy’s premium is not reasonable, the Borrower shall submit proof of such contention to the Authority, upon which event the Authority may, after review of such information, authorize a “claims made” policy for the Project); (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; (v) shall provide that the policy will not be canceled or limited in scope by the insurer or the Borrower’s contractor unless there is a minimum of thirty (30) days prior written notice by certified mail, return receipt requested to the Authority and the Oversight Agent; (vi) shall be written by an insurer with a Best rating of not less than B+ (and if the Bonds are then rated by S&P, at least “BBB-” by S&P)B+; and (vii) shall be endorsed to state that any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the Authority and its members, officers, officials, employees, volunteers, agents, and representatives. None of the above described policies shall include a deductible or self insured retention amount of more than Ten Thousand Dollars ($10,000) unless approved in writing by an authorized representative of the Authority upon the advice of the Oversight Agent. Such insurance may be maintained as part of or in conjunction with any other insurance coverage carried by the Borrower. The Net Proceeds of such liability insurance shall be applied by the Borrower toward extinguishment or satisfaction of the liability with respect to which the Net Proceeds of such insurance shall have been paid.

Public Liability Insurance. The Borrower shall maintain or cause to be maintained so long as Bonds are Outstanding under TENANT shall, during the Indentureentire term of this Lease and any extension hereof, keep in full force and effect a commercial general policy of public liability coverage, including products, completed operations, contractual, bodily injury, personal injury, and property damage insurance with respect to the Leased Premises, the Airspace, the property under the Airspace, and the business operated by TENANT and any subTENANTs of TENANT on the Leased Premises and the Airspace in which the amount limits of at least Five public liability shall not be less than One Million Dollars ($5,000,0001,000,000.00) combined single limits, naming per person and Three Million Dollars ($3,000,000.00) per incident and in which the Authority, members of the Authority, the Trustee and their members, officers, officials, employees, volunteers, agents, and representatives as additional insureds. All such insurance (i) property damage liability shall be primary insurance and not contributory with any other insurance which the Authority, the Trustee or their members, officers, officials, employees, volunteers, agents, or representatives may have; (ii) shall contain no special limitations on the scope of protection afforded to the Authority, the Trustee and their members, officers, officials, employees, volunteers, agents, and representatives; (iii) shall be “per occurrence” rather than “claims made” insurance (in the event the Borrower is unable to obtain such policy, or believes that such policy’s premium is not reasonable, the Borrower shall submit proof of such contention to the Authority, upon which event the Authority may, after review of such information, authorize a “claims made” policy for the Project); (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; (v) shall provide that the policy will not be canceled or limited in scope by the insurer or the Borrower’s contractor unless there is a minimum of thirty (30) days prior written notice by certified mail, return receipt requested to the Authority and Oversight Agent; (vi) shall be written by an insurer with a Best rating of not less than B+ (and if the Bonds are then rated by S&P, at least “BBB-” by S&P); and (vii) shall be endorsed to state that any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the Authority and its officers, officials, employees, volunteers, agents, and representatives. None of the above described policies shall include a deductible or self insured retention amount of more than Ten One Hundred Thousand Dollars ($10,000) unless approved in writing by an authorized representative of the Authority upon the advice of the Oversight Agent100,000.00). Such insurance may be maintained as part The policy shall insure against all claims, demands or actions arising out of or in conjunction connection with the use and occupancy of the Leased Premises, the Airspace, and the surface area under the Airspace by TENANT or its employees, licensees, concessionaires, subTENANTs, or any other insurance coverage carried person entering the Leased Premises or the Airspace either under express or implied invitation of TENANT, or arising out of the use of the Leased Premises or the Airspace by TENANT, its employees, licensees, concessionaires, subTENANTs, or any other person or corporation by express or implied invitation of TENANT, or by the Borrowercondition of the Leased Premises or improvements located either therein or in the Airspace. The Net Proceeds policy shall name LANDLORD, any person, firms or corporations designated by LANDLORD, and TENANT as insured and shall contain a clause that the insurer will not cancel or change the insurance without first giving LANDLORD ten (10) days' prior written notice. A copy of such liability the policy or a certificate of insurance shall be applied by the Borrower toward extinguishment or satisfaction of the liability with respect delivered to which the Net Proceeds of such insurance shall have been paidLANDLORD.

Public Liability Insurance. The Borrower shall maintain or cause to be maintained so long as Bonds are Outstanding under the Indenture, a commercial general liability coverage, including products, completed operations, contractual, bodily injury, personal injury, and property damage in the amount of at least Five Million Dollars ($5,000,000) combined single limits, naming the Authority, members of the Authority, the Trustee and their members, officers, officials, employees, volunteers, agents, and representatives as additional insureds. All such insurance (i) shall be primary insurance and not contributory with any other insurance which the Authority, the Trustee or their members, officers, officials, employees, volunteers, agents, or representatives may have; (ii) shall contain no special limitations on the scope of protection afforded to the Authority, the Trustee and their members, officers, officials, employees, volunteers, agents, and representatives; (iii) shall be “per occurrence” rather than “claims made” insurance (in the event the Borrower is unable to obtain such policy, or believes that such policy’s premium is not reasonable, the Borrower shall submit proof of such contention to the Authority, upon which event the Authority may, after review of such information, authorize a “claims made” policy for the Project); (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; (v) shall provide that the policy will not be canceled or limited in scope by the insurer or the Borrower’s contractor unless there is a minimum of thirty (30) days prior written notice by certified mail, return receipt requested to the Authority and Oversight Agent; (vi) shall be written by an insurer with a Best rating of not less than B+ (and if the Senior Bonds are then rated by S&P, at least “BBB-” by S&P); and (vii) shall be endorsed to state that any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the Authority and its officers, officials, employees, volunteers, agents, and representatives. None of the above described policies shall include a deductible or self insured retention amount of more than Ten Thousand Dollars ($10,000) unless approved in writing by an authorized representative of the Authority upon the advice of the Oversight Agent. Such insurance may be maintained as part of or in conjunction with any other insurance coverage carried by the Borrower. The Net Proceeds of such liability insurance shall be applied by the Borrower toward extinguishment or satisfaction of the liability with respect to which the Net Proceeds of such insurance shall have been paid.

Public Liability Insurance. The Borrower shall maintain or cause to be maintained so long as Bonds are Outstanding under the Indenture, a commercial general liability coverage, including products, completed operations, contractual, bodily injury, personal injury, and property damage in the amount of at least Five Million Dollars ($5,000,000) combined single limits, naming the Authority, members of the Authority, the Trustee and their members, officers, officials, employees, volunteers, agents, and representatives as additional insureds. All such insurance (i) shall be primary insurance and not contributory with any other insurance which the Authority, the Trustee or their members, officers, officials, employees, volunteers, agents, or representatives may have; (ii) shall contain no special limitations on the scope of protection afforded to the Authority, the Trustee and their members, officers, officials, employees, volunteers, agents, and representatives; (iii) shall be “per occurrence” rather than “claims made” insurance (in the event the Borrower is unable to obtain such policy, or believes that such policy’s premium is not reasonable, the Borrower shall submit proof of such contention to the Authority, upon which event the Authority may, after review of such information, authorize a “claims made” policy for the Project); (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; (v) shall provide that the policy will not be canceled or limited in scope by the insurer or the Borrower’s contractor unless there is a minimum of thirty (30) days prior written notice by certified mail, return receipt requested to the Authority and Oversight Agent; (vi) shall be written by an insurer with a Best rating of not less than B+ (and if the Bonds are then rated by S&P, at least “BBB-” by S&P); and (vii) shall be endorsed to state that any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the Authority and its officers, officials, employees, volunteers, agents, and representatives. None of the above described policies shall include a deductible or self insured retention amount of more than Ten Thousand Dollars ($10,000) unless approved in writing by an authorized representative of the Authority upon the advice of the Oversight Agent. Such insurance may be maintained as part of or in conjunction with any other insurance coverage carried by the Borrower. The Net Proceeds of such liability insurance shall be applied by the Borrower toward extinguishment or satisfaction of the liability with respect to which the Net Proceeds of such insurance shall have been paid.and

Public Liability Insurance. The Borrower shall Sublessee agrees to maintain or cause to be maintained in full force from ------------------------------ the date upon which Sublessee first enters the Premises for any reason, throughout the Term of this Sublease, and thereafter so long as Bonds are Outstanding under Sublessee is in occupancy of any part of the IndenturePremises, a commercial policy of general liability and property damage insurance (including broad form contractual liability, independent contractor's hazard and completed operations coverage) under which Sublessor, Manager (and such other persons as are in privy of estate with Sublessor as may be set out in notice from time to time) and Sublessee are named as additional insureds, and under which the insurer agrees to defend, indemnify and hold Sublessor, Manager, and those in privity of estate with Sublessor, harmless from and against all cost, expense and/or liability arising out of or based upon any and all claims, accidents, injuries and damages set forth in Article 12. Each such policy shall be non-cancelable and non-amendable with respect to Sublessor, Manager and Sublessor's said designees without sixty (60) days' prior notice to Sublessor and shall be as follows: (1) Comprehensive general liability insurance to a limit of not less than three million ($3,000,000) dollars, endorsed for products and completed operations liability insurance, on an "occurrence basis" against claims for "personal injury", including products, completed operations, contractualwithout limitation, bodily injury, personal injurydeath or property damages, occurring upon, in or about the land and buildings of which the Subleased Premises are a part as required pursuant to the Primary Sublease. (2) Worker's compensation and employer's liability insurance in an amount and form which meets all applicable requirements of the labor laws of the State of New Hampshire, as amended from time to time, and property damage which specifically covers the persons and risks involved in this Sublease. (3) Automobile liability insurance in amounts approved from time to time by Sublessor, but not less than one million ($1,500,000) dollars combined single limit for owned, hired and non-owned automobiles. 19 <PAGE> 7.2. All policies of insurance required to be carried under this Article shall ---- be effected under valid and enforceable policies, in such forms and amounts as may, from time to time, be required under this Sublease, issued by insurers of recognized responsibility which are authorized to transact such insurance coverage in the State of New Hampshire, and which have been approved in writing by Sublessor, which approval shall not be withheld unreasonably. Except for xxxxxxx'x compensation coverage, all such policies of insurance shall be for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named additional insureds. Upon the execution of this Sublease (and thereafter not less than fifteen (15) days prior to the expiration date of each policy furnished pursuant to this Article) the original of each policy required to be furnished pursuant to this Article (or, with the consent of Sublessor, which consent shall not be unreasonably withheld, in the case of comprehensive general liability insurance and products liability insurance, a certificate of the insurer reasonably satisfactory to Sublessor) bearing a notation evidencing the payment of the premium or accompanied by other evidence reasonably satisfactory to Sublessor of such payment, shall be delivered by Sublessee to Sublessor. 7.3. All policies of insurance shall provide for loss thereunder to be ---- adjusted and payable to Sublessor or Sublessee in accordance with the terms of this Sublease. 7.4. Each such policy or certificate therefor issued by the insurer shall to ---- the extent obtainable contain (i) a provision that no act or omission of Sublessee, or any employee, officer or agent of Sublessee, which would otherwise result in forfeiture or reduction of the insurance therein provided shall affect or limit the obligation of the insurance company to pay the amount of at least Five Million Dollars ($5,000,000) combined single limits, naming the Authority, members of the Authority, the Trustee and their members, officers, officials, employees, volunteers, agentsany loss sustained, and representatives as additional insureds. All such insurance (i) shall be primary insurance and not contributory with any other insurance which the Authority, the Trustee or their members, officers, officials, employees, volunteers, agents, or representatives may have; (ii) shall contain no special limitations on an agreement by the scope of protection afforded to the Authority, the Trustee and their members, officers, officials, employees, volunteers, agents, and representatives; (iii) shall be “per occurrence” rather than “claims made” insurance (in the event the Borrower is unable to obtain such policy, or believes insurer that such policy’s premium is not reasonable, the Borrower policy shall submit proof of such contention to the Authority, upon which event the Authority may, after review of such information, authorize a “claims made” policy for the Project); (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; (v) shall provide that the policy will not be canceled or limited in scope by the insurer or the Borrower’s contractor unless there is a minimum of thirty without at least sixty (3060) days prior written notice by certified mailregistered mail to Sublessor and PDA and (iii) provide that the insurer shall have no right of subrogation against the United States of America or PDA. 7.5. All policies of insurance required to be maintained by Sublessee shall ---- have attached thereto the Lender's Loss Payable Endorsement, return receipt requested or its equivalent, or a loss payable clause acceptable to Sublessor, for the benefit of any Mortgagee, but the right of any Mortgagee to the Authority payment of insurance proceeds shall at all times be subject to the provisions of this Sublease with respect to the application of the proceeds of such insurance. 7.6. Sublessee shall observe and Oversight Agent; (vi) shall be written by an insurer with a Best rating of not less than B+ (and if the Bonds are then rated by S&P, at least “BBB-” by S&P); and (vii) shall be endorsed to state that any failure to comply with the reporting provisions requirements of the all policies shall not affect coverage provided to the Authority and its officers, officials, employees, volunteers, agents, and representatives. None ---- of the above described policies shall include a deductible or self insured retention amount of more than Ten Thousand Dollars ($10,000) unless approved insurance at any time in writing by an authorized representative of the Authority upon the advice of the Oversight Agent. Such insurance may be maintained as part of or in conjunction with any other insurance coverage carried by the Borrower. The Net Proceeds of such liability insurance shall be applied by the Borrower toward extinguishment or satisfaction of the liability force with respect to which the Net Proceeds Subleased Premises and Sublessee shall also perform and satisfy the requirements of the companies writing such policies so that at all times companies of good standing reasonably satisfactory to Sublessor shall be willing to write or to continue such insurance. Sublessee shall, in the event of any violations or attempted violations of the provisions of this Section 7.6 by a subtenant, take steps, immediately upon 20 <PAGE> knowledge of such violation or attempted violation, to remedy or prevent the same as the case may be. 7.7. Any insurance provided for in this Sublease may be effected by a policy ---- or policies of blanket insurance or may be continued in such form until otherwise required by Sublessor; provided, however, that the amount of the total insurance allocated to the Subleased Premises shall have been paidbe such as to furnish in protection the equivalent of separate policies in the amounts herein required, and provided further that in all other respects, any such policy or policies shall comply with the other provisions of this Sublease. In any such case it shall not be necessary to deliver the original of any such blanket policy to Sublessor, but Sublessee shall deliver to Sublessor and to any Mortgagee a certificate or duplicate of such policy in form and content acceptable to Sublessor. 7.8.