COMMERCIAL GENERAL LIABILITY INSURANCE
POLICY; AND (B) THE INSURANCE PROVIDED FOR IN SUBSECTION (I) ABOVE WRITTEN IN A
SO-CALLED BUILDER'S RISK COMPLETED VALUE FORM (1) ON A NON-REPORTING BASIS, (2)
AGAINST "ALL RISKS" INSURED AGAINST PURSUANT TO SUBSECTION (I) ABOVE, (3)
INCLUDING PERMISSION TO OCCUPY SUCH PROPERTY, AND (4) WITH AN AGREED AMOUNT
ENDORSEMENT WAIVING CO-INSURANCE PROVISIONS;
72
(V)
WORKERS' COMPENSATION, SUBJECT TO THE STATUTORY LIMITS OF THE
STATE, AND EMPLOYER'S LIABILITY INSURANCE IN RESPECT OF ANY WORK OR OPERATIONS
ON OR ABOUT SUCH PROPERTY, OR IN CONNECTION WITH SUCH PROPERTY OR ITS OPERATION
(IF APPLICABLE);
(VI)
COMPREHENSIVE BOILER AND MACHINERY INSURANCE, IF APPLICABLE, IN
AMOUNTS AS SHALL BE REASONABLY REQUIRED BY LENDER ON TERMS CONSISTENT WITH THE
COMMERCIAL PROPERTY INSURANCE POLICY REQUIRED UNDER SUBSECTION (I) ABOVE;
(VII)
EXCESS LIABILITY INSURANCE IN AN AMOUNT NOT LESS THAN $50,000,000
PER OCCURRENCE ON TERMS CONSISTENT WITH THE COMMERCIAL GENERAL LIABILITY
INSURANCE REQUIRED UNDER SUBSECTION (II) ABOVE OR AS OTHERWISE APPROVED BY
LENDER;
(VIII)
SINKHOLE AND MINE SUBSIDENCE INSURANCE, IF REQUIRED, AND IF SUCH
PROPERTY IS LOCATED IN AN "EARTHQUAKE PRONE ZONE" AS DETERMINED BY THE U.S.
GEOLOGICAL SURVEY, EARTHQUAKE INSURANCE IN AN AMOUNT NOT LESS THAN THE PROBABLE
MAXIMUM LOSS, ALL AS DETERMINED BY A RECOGNIZED ENGINEERING FIRM ACCEPTABLE TO
AND APPROVED BY LENDER, LESS ANY APPLICABLE DEDUCTIBLES, INCLUDING BUSINESS
INTERRUPTION COVERAGE IN AN AMOUNT NOT LESS THAN THAT SET FORTH IN CLAUSE (III)
ABOVE;
(IX)
A BLANKET FIDELITY BOND AND ERRORS AND OMISSIONS INSURANCE
COVERAGE INSURING AGAINST LOSSES RESULTING FROM DISHONEST OR FRAUDULENT ACTS
COMMITTED BY (A) BORROWER'S PERSONNEL; (B) ANY EMPLOYEES OF OUTSIDE FIRMS THAT
PROVIDE APPRAISAL, LEGAL, DATA PROCESSING OR OTHER SERVICES FOR BORROWER OR (C)
TEMPORARY CONTRACT EMPLOYEES OR STUDENT INTERNS;
(X)
MOTOR VEHICLE LIABILITY COVERAGE FOR ALL OWNED AND NON-OWNED
VEHICLES, INCLUDING RENTED AND LEASED VEHICLES CONTAINING MINIMUM LIMITS PER
OCCURRENCE, INCLUDING UMBRELLA COVERAGE, OF ONE MILLION AND NO/100 DOLLARS
($1,000,000)
(XI)
ENVIRONMENTAL INSURANCE FOR THE LOUISVILLE PROPERTY IN FORM
ACCEPTABLE TO LENDER FOR AN INITIAL TERM OF TWO YEARS PAST THE INITIAL MATURITY
DATE AND, IF BORROWER EXTENDS THE MATURITY DATE IN ACCORDANCE WITH
SECTION 2.3(B) HEREOF, FOR EACH EXTENDED MATURITY DATE, FOR TWO YEARS FROM EACH
SUCH EXTENDED MATURITY DATE; AND
(XII)
UPON SIXTY (60) DAYS' WRITTEN NOTICE, SUCH OTHER REASONABLE
INSURANCE AND IN SUCH REASONABLE AMOUNTS AS LENDER FROM TIME TO TIME MAY
REASONABLY REQUEST AGAINST SUCH OTHER INSURABLE HAZARDS WHICH AT THE TIME ARE
COMMONLY INSURED AGAINST FOR PROPERTY SIMILAR TO SUCH PROPERTY LOCATED IN OR
AROUND THE REGION IN WHICH SUCH PROPERTY IS LOCATED.
With respect to the Policies required to be maintained pursuant to clauses (i),
(iii) and (iv) above, Borrower shall maintain insurance coverage against Losses
resulting from acts of terrorism.
(B)
ALL INSURANCE PROVIDED FOR IN SECTION 8.1(A) SHALL BE OBTAINED
UNDER VALID AND ENFORCEABLE POLICIES (COLLECTIVELY, THE "POLICIES" OR IN THE
SINGULAR, THE "POLICY"), AND SHALL BE SUBJECT TO THE APPROVAL OF LENDER AS TO
INSURANCE COMPANIES, AMOUNTS, DEDUCTIBLES, LOSS PAYEES AND INSUREDS.
THE
POLICIES SHALL BE