Denver Energy Center - Insurance Requirements for Vendors

INSURANCE:

1. Contractor shall obtain and maintain the following insurance coverages:
   • Worker’s Compensation and Employer's Liability Insurance relative to all of Contractor’s employees and agents engaged in performing the Services, with coverage as follows:
     • Worker's Compensation insurance with limits no less than that required by the laws of the state in which the Premises are located; and
     • Employer’s Liability insurance with limits for bodily injury for each accident - not less than One Million Dollars ($1,000,000.00), for bodily injury/disease each employee - not less than One Million Dollars ($1,000,000.00).
       
       
   • Commercial General Liability insurance coverage, including personal injury, bodily injury (including wrongful death), broad form property damage, operations hazard, Owner's protective coverage and contractual liability. Such insurance coverage shall have limits as follows: general aggregate - not less than Two Million dollars ($2,000,000.00), per occurrence - not less than One Million Dollars ($1,000,000.00), and products and completed operations liability - not less than One Million Dollars ($1,000,000.00) in the aggregate.
     
     
   • If not covered by Contractor's commercial general liability insurance, Automobile Liability including non-owned automobile liability insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence insuring against any claims for bodily injury (including wrongful death) and property damage resulting from any automobile accident involving Contractor or any employee or agent of Contractor (even if the automobile being used by Contractor or by such employee or agent is not owned by Contractor) while performing Services.
     
     
   • Excess Umbrella Liability policy providing limits as follows: general aggregate -- not less than Two Million Dollars ($2,000,000), per occurrence - not less than One Million Dollars ($1,000,000).
     
     
   • Liability coverage for the dishonest acts of Contractor’s employees and agents.
     
     
2. Each insurance policy (and certificate of insurance) obtained by Contractor pursuant to this Agreement shall contain a clause that the insurer will provide Owner and Manager at least thirty (30) days prior written notice of any material change, non-renewal, or cancellation of the policy, and such other provisions as Manager shall require. Each insurance policy shall be with an insurance company licensed to do business in the state where the Property is located and acceptable to Owner and Manager. A certificate evidencing the coverage under each policy shall be delivered to Manager prior to the Beginning Date. All policies of liability insurance shall name Owner and Manager as additional insureds and Manager as the certificate holder.
   
   
3. If any insurance policy is scheduled to expire during the Term, Contractor shall, at least 30 days prior to the expiration date provide Manager with a new certificate evidencing that the insurance policy has been renewed or replaced by a new policy. Should Contractor at any time fail to maintain any required insurance, Manager may (but shall not be required to) obtain the insurance and deduct the cost of the insurance from the Fee or recover the cost from Contractor.
   
   
4. Contractor waives its subrogation rights against Owner and Manager with respect to any claims (including claims for bodily injury and property damage), which are caused by, or result from, risks that would be covered under any insurance required to be maintained by Contractor under this Agreement. This waiver shall be in addition to, and not in limitation or derogation of, any other waiver or release contained in this Agreement with respect to any bodily injury or any loss or damage to property of the parties hereto. Each insurance policy obtained by Contractor under this Agreement shall provide that the insurer waives all rights of recovery by way of subrogation against Owner and Manager, and against the officers, employees, agents, and authorized representatives of Owner and Manager, and such waiver shall be indicated in any insurance certificate to be provided pursuant to this Agreement. Regardless of the foregoing, no waiver of subrogation shall be required in connection with Worker's Compensation insurance or Employer’s Liability insurance for Contractor.

Additional insureds:

WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE, FOR THE REGISTERED HOLDERS OF J.P. MORGAN CHASE COMMERCIAL MORTGAGE SECURITIES TRUST 2013-LCI 1, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2013-LCI 1, and Greystone Servicing Company LLC, and Jones Lang LaSalle Americas, Inc.

Certificate Holder:

J.P. Morgan Chase Commercial Mortgage Pass-Through Series 2013-LC11 Lower-Tier REMIC c/o JLL, 1625 Broadway, Suite 1430, Denver, CO 80202.