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6097 (EXHIBIT A - E)
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6097 (EXHIBIT A - E)
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Last modified
12/6/2004 2:47:13 PM
Creation date
11/5/2014 12:21:26 PM
Metadata
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Template:
City Ordinances
Passed
2/10/1997
Ordinance Number
0
Bill Number
8316
Introdate
1/27/1997
Description
APPROVING DELIVERY OF $1,425,000 PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION TO PAY FOR NEW PARKING GARAGE CONSTRUCTION
Introduced By
MUNKEL
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(b) There will be no allowance to the Lessee for diminution in or abatement of the Payments <br />and no liability on the part of the Lessor by reason of inconvenience, annoyance or injury to business <br />arising or resulting from the Lessor, the Lessee or others making i'epairs, alterations, additions or <br />improvements in or to any portion of the Leased Property, or in or to fixtures or appurtenances thereof, <br />and no liability upon the Lessor or others to make any repairs, alterations, additions or improvements in <br />or to any portion of the Leased Property, or in or to the fixtures or appurtenances thereof. The foregoing <br />will not be construed to mean that the Lessor has any such obligations. <br /> <br />ARTICLE VI <br /> <br />INSURANCE AND TAXES <br /> <br />Section 6.01. Casualty, Public Liability and Workers' Compensation Insurance. <br /> <br /> (a) The Lessee shall at all times maintain or cause to be maintained with responsible <br />insurers all such insurance (including casualty, public liability and workers' compensation insurance) on <br />the Leased Property (valued as defined below) which is customarily maintained with respect to <br />properties of like character, in amounts not less than provided below. <br /> <br /> (b) The Lessee shall, during the term of this Lease, keep or cause to be kept a policy or <br />policies of insurance against loss or damage to the Leased Property resulting from fire, lightning, <br />vandalism, malicious mischief, riot and civil commotion, and such other perils ordinarily defined as <br />"extended coverage" and as commonly insured against for properties of like kind and character. Such <br />insurance may be carried in conjunction with any other fire and extended coverage insurance carried or <br />required to be carried by the Lessee. Such insurance shall be maintained in an amount not less than the <br />principal amount of the then Outstanding Certificates or the full insurable value of the Facilities, <br />whichever amount is greater, subject to reasonable loss deductible clauses. The term "full insurable <br />value" as used in this subsection shall mean the actual replacement cost of the Facilities, without <br />deduction for physical depreciation. The "full insurable value" shall be determined at the expense of the <br />Lessee by an appraiser from time to time but not less frequently than once in every 36 months, who shall <br />certify such value in writing to the Lessor. <br /> <br /> (c) All insurance herein provided for shall be effected under policies issued by insurers of <br />recognized responsibility, licensed or permitted to do business in the State of Missouri, except as <br />otherwise hereinafter provided. The Lessee may satisfy any of the insurance requirements set forth in <br />this Section by using blanket policies of insurance, provided the Lessee complies with all requirements <br />of this Section. <br /> <br /> (d) All policies or certificates issued by the respective insurers for insurance shall provide <br />that such policies or certificates may not be cancelled or materially changed without at least 30 days <br />prior written notice to the Lessor. Certificates evidencing such policies shall be deposited with the <br />Lessor together with appropriate evidence of payment of the premiums therefor, and at least 30 days <br />prior to expiration dates of expiring certificates held by the Lessor, new certificates shall be deposited <br />with the Lessor together with evidence of payment of premiums with respect to insurance coverage <br />evidenced thereby. <br /> <br /> (e) All policies of insurance must provide that the proceeds thereof shall name the Lessor as <br />loss payee. The Net Proceeds of insurance carried pursuant to this Section 6.01 shall be deposited into <br /> <br />-10- <br /> <br /> <br />
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