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e4; voi F9 4Ei:i24415 QFF: 29g~j X48 5.1. Maintenance. The Parties acknowledge that the Hotel and the Conference Center are designed to operate as an integrated project. As such, JQH agrees to maintain all improvements hereafter constructed on the Hote] Site (including, without limitation, landscaping) in good condition and repair and make all necessary replacements thereto so that throughout the term of this Agreement, the Hotel and Hotel Site are maintained in an upscale condition typical of that customarily found at other "upscale" hotels in the State of Texas. 5.2. Insurance. JQH, with respect to the Hotel and the Hotel Site, and the City, with respect to the Conference Center and Conference Center Site, shall maintain at its respective sole cost and expense: 5.2.1. "Special Form" Commercial Property Insurance (ISO Special Causes of Loss Form (CP 10 30) or its equivalent) on any improvement now or hereafter constructed on said property. All insurance, unless agreed by the other party, shall be for the full insurable value of the improvements on the respective properties, with a deductible amount no greater than that retained by owners of similaz properties in the State of Texas at the time the policy in question is obtained. No policy of insurance required under this Section 5.2.1 shall be written such that the proceeds thereof will produce less than the minimum of coverage required hereunder by reason of co-insurance provisions or otherwise. The term "full insurable value" means one hundred percent (100%) of the actual replacement cost of the improvements constructed on said property (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items). For so long as the City holds a deed of trust lien on the Hotel Site, the insurance maintained by JQH shall name City as mortgagee and loss payee. 5.2.2. Commercial General Liability Insurance on a "occurrence" basis against claims for personal injury, liability and liability for death, bodily injury and damage to property, products and completed operations, all in limits, from time to time, equal to those customarily held by owners of similar projects in the State of Texas, with respect to any one occurrence and the aggregate of all occurrences during any given annual policy period. The liability insurance maintained by JQH with respect to the Hotel and Hotel Site shall name the City as an additional insured. Such insurance shall include contractual liability, personal injury and advertising liability, business automobile (including owned, not owned and hired) and independent contractor liability coverage. The liability insurance required to be maintained hereunder may be maintained by any combination of single policies and such umbrella or blanket policies so long as the level of coverage is not impaired or reduced by the use thereof. Furthermore, if the liability insurance policies maintained by JQH does not contain the standard ISO Separation of Insureds Provision, or a substantially similaz clause, such liability insurance policies shall be endorsed to provide cross-liability coverage at JQH's expense. 5.2.3. During any period of construction on either property, the owner thereof shall maintain, or cause others to maintain, builder's risk insurance (non-reporting form) with completed operations coverage of the type customarily carried in the case of similaz construction for one hundred percent (100%) of the full replacement cost of work in place and materials, supplies and equipment that are intended to be installed in the construction regardless of whether same are stored at or upon the property or off of the property in question. 803273 4 21