INSURERS REASONABLY SATISFACTORY TO THE ADMINISTRATIVE AGENT AND
LENDERS, AND OTHERWISE COMPLY IN ALL MATERIAL RESPECTS WITH ALL TERMS AND
CONDITIONS OF, THE FOLLOWING INSURANCE COVERAGES:
(I)
ALL RISK PROPERTY AND EQUIPMENT BREAKDOWN INSURANCE.
"ALL RISK"
OR "SPECIAL FORM" PROPERTY INSURANCE AGAINST DIRECT PHYSICAL LOSS OR DAMAGE ON
AN ALL RISKS BASIS, INCLUDING, TO THE EXTENT APPLICABLE AND AVAILABLE ON
COMMERCIALLY REASONABLE TERMS, FLOOD, WINDSTORM AND EARTHQUAKE, AS APPLICABLE,
AND BUSINESS INTERRUPTION COVERAGE, WHEN APPLICABLE, SUBJECT TO A MAXIMUM
DEDUCTIBLE OF $250,000.
THE PROPERTY SHALL BE INSURED FOR THE FULL REPLACEMENT
COST AND SUCH POLICY SHALL NOT CONTAIN A CO-INSURANCE CLAUSE;
(II)
NETWORK SECURITY LIABILITY/CYBER LIABILITY/E&O INSURANCE AND
PROFESSIONAL LIABILITY OR E&O INSURANCE FOR PROFESSIONAL SERVICES. ERRORS AND
OMISSIONS COVERAGE FOR BORROWERS' PROFESSIONAL SERVICES AND COVERAGE FOR NETWORK
SECURITY LIABILITY, WHICH COVERAGE INCLUDES BORROWER'S BUSINESS OF PROVIDING
FIBER AND CONNECTIVITY, WITH AN AGGREGATE LIMIT OF NOT LESS THAN $2,000,000,
SUBJECT TO A MAXIMUM DEDUCTIBLE OF $500,000;
(III)
COMMERCIAL GENERAL LIABILITY INSURANCE.
COMMERCIAL GENERAL
LIABILITY INSURANCE WRITTEN ON AN OCCURRENCE BASIS WITH A LIMIT OF NOT LESS THAN
$1,000,000 PER EACH OCCURRENCE.
SUCH COVERAGE SHALL INCLUDE, BUT NOT BE LIMITED
TO, PREMISES/OPERATIONS, BLANKET CONTRACTUAL LIABILITY, INDEPENDENT CONTRACTORS,
BROAD FORM PRODUCTS AND COMPLETED OPERATIONS, PERSONAL INJURY, FIRE LEGAL
LIABILITY AND EMPLOYEE BENEFITS LIABILITY.
SUCH INSURANCE SHALL NOT EXCLUDE
COVERAGE FOR PUNITIVE OR EXEMPLARY DAMAGES WHERE INSURABLE BY LAW;
(IV)
WORKERS' COMPENSATION/EMPLOYER'S LIABILITY. WORKERS' COMPENSATION
INSURANCE IN ACCORDANCE WITH STATUTORY PROVISIONS COVERING ACCIDENTAL INJURY,
ILLNESS OR DEATH OF AN EMPLOYEE OF THE LOAN PARTIES AND THEIR DOMESTIC
SUBSIDIARIES WHILE AT WORK OR IN THE SCOPE OF HIS OR HER EMPLOYMENT WITH THE
LOAN PARTIES AND THEIR DOMESTIC SUBSIDIARIES WITH A POLICY LIMIT OF NO LESS THAN
THE
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STATUTORY AMOUNT AND EMPLOYER'S LIABILITY INSURANCE WITH A POLICY LIMIT OF NOT
LESS THAN $500,000.
SUCH COVERAGE SHALL NOT CONTAIN ANY OCCUPATIONAL DISEASE
EXCLUSIONS;
(V)
AUTOMOBILE LIABILITY.
AUTOMOBILE LIABILITY INSURANCE COVERING
OWNED, NON-OWNED, LEASED, HIRED OR BORROWED VEHICLES AGAINST BODILY INJURY OR
PROPERTY DAMAGE.
SUCH COVERAGE SHALL HAVE A LIMIT OF NOT LESS THAN $1,000,000.
AUTOMOBILE PHYSICAL DAMAGE (COMPREHENSIVE/COLLISION) COVERAGE FOR OWNED TITLED
VEHICLE;
(VI)
EXCESS/UMBRELLA LIABILITY.
EXCESS OR UMBRELLA LIABILITY INSURANCE
IN AN AMOUNT NOT LESS THAN $5,000,000, WRITTEN ON AN OCCURRENCE BASIS PROVIDING
COVERAGE LIMITS IN EXCESS OF THE INSURANCE LIMITS REQUIRED UNDER SECTIONS
6.07(A)(IV) (EMPLOYER'S LIABILITY ONLY), AND 6.07(A)(V).
SUCH INSURANCE SHALL
FOLLOW FROM THE PRIMARY INSURANCES AND DROP DOWN IN CASE OF EXHAUSTION OF
UNDERLYING LIMITS AND /OR AGGREGATES.
SUCH INSURANCE SHALL NOT EXCLUDE COVERAGE
FOR PUNITIVE OR EXEMPLARY DAMAGES WHERE INSURABLE BY LAW; AND
(VII)
OTHER INSURANCE.
SUCH OTHER INSURANCE TO SUCH EXTENT AND AGAINST
SUCH RISKS, AS ARE REASONABLY REQUIRED BY AND REASONABLY SATISFACTORY TO THE
ADMINISTRATIVE AGENT.
(B)
CERTAIN PROVISIONS RELATING TO INSURANCE COVERAGE. WITHIN THE TERM
ENDING THIRTY (30) DAYS AFTER THE CLOSING DATE, THE BORROWERS SHALL CAUSE EACH
INSURANCE POLICY (OTHER THAN ANY POLICY REFERRED TO IN CLAUSE (A)(IV) ABOVE
RELATED TO WORKERS' COMPENSATION) PERTAINING TO THE INSURABLE PROPERTIES TO
(I) NAME THE ADMINISTRATIVE AGENT