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DocuSign Envelope ID: 1C143D5F-BE9C-4E34-9F91-5A3C3FB05EE8
<br />6. Risk Management
<br />6.1 Liability and Indemnification
<br />The Project Sponsor shall either:
<br />(a) Require that private entities that enter into contracts with the Project Sponsor for
<br />the operation or management of the Facility hold harmless and indemnify the Commission,
<br />the OPFC, the Treasurer, and the State from any and all damages, costs, fees, penalties,
<br />and expenses, of any nature whatsoever, incurred by the Commission, the OPFC, the
<br />Treasurer, or the State from any claim of any third party claim arising out of or related to
<br />the operation or management of the Project, including, but not limited to, the costs of
<br />defense of any related action, suit or proceeding; or
<br />(b) Purchase and maintain insurance in an amount determined by a qualified risk
<br />assessor to insure the OPFC, the Commission, the Treasurer and the State against
<br />liabilities, claims, costs, losses, and expenses, joint or several, imposed upon or asserted
<br />against the OPFC, the Commission, the Treasurer, and the State resulting from any claim
<br />of any third party arising out of or related to the Project and shall name the OPFC, the
<br />Commission, the Treasurer, and the State as additional insureds under such policy; or
<br />(c) Name the OPFC, the Commission, the Treasurer and the State as additional
<br />insureds under a self-insurance program or joint self-insurance pool created under Section
<br />2744.08 or Section 2744.081, respectively, of the ORC, and operated by or on behalf of
<br />the Project Sponsor.
<br />6.2 Property and Liability Insurance
<br />Unless otherwise stated, the Project Sponsor shall maintain, or cause to be maintained,
<br />at no cost to the Commission, commercial general liability insurance and property
<br />insurance to insure the OPFC, the Commission, the Treasurer and the State in an
<br />amount and type determined by a qualified risk assessor to be sufficient to cover the full
<br />replacement costs of improvements funded, in whole or in part, by the State, and the
<br />bodily injury, property damage, personal injury, advertising injury and employer's liability
<br />exposures of the Project Sponsor. Unless otherwise stated, such insurance shall remain
<br />in force at all times from the date hereof through the term of this Agreement.
<br />6.3 Self -Insurance
<br />Instead of providing the general liability and property insurance above, the Project
<br />Sponsor may name the OPFC, the Commission, the Treasurer and the State as
<br />additional insured and/or loss payees, as the coverage requires, under a self-insurance
<br />program or joint self-insurance pool created under ORC Sections 2744.08 or 2744.081,
<br />respectively, and operated by or on behalf of the Project Sponsor, in order to meet the
<br />insurance requirements set forth herein.
<br />(a) If the Project Sponsor has a self-insurance program created under ORC Section
<br />2744.08, by signing this Agreement, the Project Sponsor hereby insures the
<br />OPFC, the Commission, the Treasurer and the State as additional insureds
<br />under its self-insurance program to cover the full replacement costs of
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