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e.h voi F~9 ii~ii?4415 OFFi Z9gn ~9~ 5.2.4. In addition to the foregoing, each party shall cause any contractor performing work on its property to provide and maintain commercial general liability insurance for all employees of the general contractor meeting the requirements of Section 5,2.2 above. 5.2.5. Each policy of insurance (i) shall be issued by one or more insurance companies each of which must have an A.M. Best Company financial and performance rating of A-IX or better and be qualified or authorized by the laws of the State of Texas to assume the risk covered by such policy (ii) with respect to the insurance maintained by JQH and described under the preceding subsections 5.2.1 and 5.2.3, shall have attached thereto standard non-contributing, non-reporting mortgagee clauses in favor of the City without contribution to collect any and all proceeds payable under such insurance (iii) shall provide that such policy shall not be canceled or modified without at least thirty (30) days prior written notice to City and (iv) shall provide that any loss otherwise payable thereunder shall be payable notwithstanding any act or negligence of the named insureds which might, absent such agreement, result in a forfeiture of all or a part of such insurance payment. Each party shall promptly pay all premiums when due on such insurance and not less than fifteen (15) days prior to the expiration date of each such policy, deliver to the other acceptable evidence of insurance, such as a renewal policy or policies marked "Premium Paid", or other evidence satisfactory to the other party, reflecting that all required insurance is current and in force. Each party will immediately give notice to the other of any cancellation of, or change in, any insurance policy required to be maintained hereunder. Each party may satisfy any insurance requirement hereunder by providing one or more "blanket" insurance policies. ARTICLE VI CONDITIONS 6.1. Conditions to Performance. This Agreement, and the Parties' obligations hereunder, shall be subject to the following conditions precedent: 6.1.1. City Contractor. The City selecting a design Build firm/contractor for the Conference Center which is acceptable to, or deemed to be acceptable to, JQH in its reasonable discretion pursuant to the process set out in Section 3.6.2 hereof. 6.1.2. No Intervention. No preliminary or permanent injunction or other order, decree or ruling having been issued by a governmental entity and no statute, rule, regulation or executive order promulgated or enacted by a governmental entity shall be in effect which restrains, enjoins, prohibits or otherwise makes illegal the consummation of the transactions contemplated by this Agreement and/or the City's proposed structure for financing the cost of its obligations relating to the Conference Center and no proceedings by a governmental entity shall be commenced or threatened against the City or JQH (or any of their respective affiliates, associates, directors or officers) seeking to prevent or challenge the transactions contemplated by this Agreement and/or the City's proposed structure for financing the cost of its obligations relating to the Conference Center and no proceeding before a court of competent jurisdiction having been commenced against the 22 803273.4