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2010-04-12 Regular City Council Agenda
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2010-04-12 Regular City Council Agenda
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such property and liability insurance shall be general and comprehensive in scope and <br />form and specifically include contractual liability insurance covering the insuring <br />provisions of this Lease and the performance by Tenant of its indemnity agreement <br />herein as to liability for injury to or death of persons and injury or damage to property. <br />All such policies of insurance shall be issued by insurance companies with a general <br />policyholder's rating and financial rating reasonably acceptable to Landlord. All property <br />and liability policies shall contain a provision that Landlord, although named as an <br />insured, shall nevertheless be entitled to recovery under said policies for any loss <br />occasioned to it, its servants, agents and employees by reason of the negligence of <br />Tenant. As often as any such policy shall expire or terminate, renewal or additional <br />policies shall be procured and maintained by Tenant in like manner and to like extent. All <br />such policies shall be written as primary policies, not contribution with and not in excess <br />of coverage which Landlord may carry. The minimum limits of any insurance coverage <br />to be maintained by Tenant hereunder shall not limit Tenant's liability under Section 16 <br />hereof. <br /> (b) In the event of insured casualty, Tenant shall be entitled to receive all <br />available proceeds of any property insurance for application as herein set forth. Landlord <br />and Tenant each agree to cooperate fully in connection with the collection of any <br />insurance monies that may be due in the event of loss. Landlord and Tenant shall execute <br />and deliver to the other such proofs of loss and other instruments which may be required <br />for the purpose of obtaining the recovery of any such insurance monies. <br /> (c) Subject to subsection (d), in the event of damage to any improvements on <br />the Premises, Tenant shall repair and reconstruct same, using any proceeds of insurance <br />which may be available, but otherwise at its sole cost and expense, and this Lease shall <br />continue. <br /> (d) In the event of damage to any improvements on the Premises which <br />renders the same untenantable, Tenant, at its option, shall either (i) repair and reconstruct <br />same, using any proceeds of insurance which may be available, but otherwise at its sole <br />cost and expense, in which event this Lease shall continue, or (ii) remove and clear all <br />improvements and debris, at its sole cost and expense, in which event Tenant shall retain <br />any and all proceeds of insurance which may be available, and this Lease shall terminate <br />upon a date following such removal and clearance as specified by written notice from <br />Tenant to Landlord. <br /> (e) In no event shall Landlord have any obligation to repair, reconstruct, <br />remove and/or clear any improvements. <br /> 7. Condemnation. In the event of a condemnation or proceedings in <br />the nature thereof resulting in the taking of any portion or all of the Premises (a <br />"Taking"), the following shall apply: <br /> (a) In the event the Premises are thereby rendered untenantable, this Lease <br />shall terminate concurrent with such Taking. Otherwise, this Lease shall continue, <br />3 <br /> <br />
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