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2007-09-24 Agenda
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2007-09-24 Agenda
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9/24/2007 9:57:43 AM
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<br /> <br />(b) Lessee shall not do or permit to be done any act or thing upon the Premises which will <br />invalidate or be in conflict with the provisions of the fire and extended coverage insurance policies <br />covering said property. Lessee at its sole cost and expense shall comply with all rules or requirements <br />of the board of fire underwriters, or any other similar body, and shall not do or permit to be done, or <br />keep or permit to be kept, anything in or upon the Premises which will invalidate or lessen the coverage <br />of such insurance. Executed copies of said policies of insurance, or certificates thereof, shall be <br />delivered by Lessee to Lessor by October 1, 1998, and thereafter, within thirty (30) days prior to <br />expiration of the term of each policy, a renewal or replacement insurance policy or certificate thereof, <br />shall be delivered by Lessee to Lessor. In addition to the delivery of the policies, or certificates, at the <br />same time Lessee shall deliver to Lessor proof of the payment of premiums for said policy. As often as <br />any such policy shall expire or terminate, renewal or additional policies shall be procured and maintained <br />by Lessee in like manner and to like extent. All said policies of insurance delivered by Lessee to Lessor <br />must contain a provision that the company writing said policy will give Lessor twenty days’ notice in <br />writing in advance of any cancellation, lapse or reduction in the amount of insurance. Both Lessor and <br />Lessee shall be named as loss payees in the policy, and Lessee shall pay any deductible. Lessee shall be <br />responsible for obtaining fire and extended insurance coverage for Lessee’s personal property brought <br />onto the Premises. <br /> <br />(c) Lessee and Lessor each hereby waive any and all rights of recovery against the other, or <br />against the officers, employees, agents and representatives of the other, for loss of or damage to such <br />waiving party or its property or the property of others under its control to the extent that such loss or <br />damage required to be insured hereunder or that is insured against under any insurance policy in force at <br />the time of such loss or damages. The insured party shall give notice to the insurance carrier or carriers <br />that the foregoing mutual waiver of subrogation is contained in this Lease. <br /> <br />LIABILITY INSURANCE. <br />15. Lessee agrees to maintain, at its sole cost and expense, at all <br />times after the date of this Lease, liability insurance in full force and effect insuring Lessee and Lessor, <br />as their interests appear, for the Premises, and any portion of the grounds of Kaufman Park which is <br />subject to this Lease. The liability insurance required to be carried hereunder shall be insurance in <br />standard form generally in use in the State of Missouri with insurance companies having a current <br />“Best” rating of not less than A and a financial rating not less than Class VII and authorized to do <br />business in the State of Missouri, except that Lessee may elect to self-insure until October 1, 1998. The <br />liability insurance shall be as follows: <br /> <br />(i) Comprehensive liability insurance in an amount not less than $100,000.00 for any one person <br />in a single accident or occurrence and not less than $1,000,000.00 for all claims arising out of a single <br />accident or occurrence, including injuries to persons and damage or destruction of property. In the <br />event Section 537.610 RSMo or any other applicable law shall be amended, repealed or changed so that <br />Lessor’s maximum liability for tort claims shall increase, Lessee shall within thirty (30) days after <br />written notice from Lessor increase the liability insurance amount to such new maximum. <br /> <br />(ii) Executed copies of said policies of insurance, or certificates thereof, shall be delivered by <br />Lessee to Lessor by October 1, 1998, and thereafter, within thirty (30) days prior to expiration of the <br />term of each such policy, a renewal or replacement insurance policy or certificate thereof, shall be <br />delivered by Lessee to Lessor. In addition to the delivery of the policies, or certificates, at the same <br />time, Lessee shall deliver to Lessor proof of the payment of premiums for said policy. As often as any <br />such policy shall expire or terminate, renewal or additional policies shall be procured and maintained by <br />the respective parties in like manner and to like extent. All said policies of insurance delivered by <br />Lessee or Lessor must contain a provision that the company writing said policy will give Lessor twenty H-5-f <br />September 24, 2007 <br /> <br />
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