05-08-07 Redevelopment Commission Minutes

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ARTICLE Lessec agrees to pay all costs and expenses, including, but not limited to, reasonable attorneys' and consultants' fees, incurred by NSRC in connection with enforcing the performance of any of the provisions of this Lease. ARTICLE 23. If any provision of this Lease, or the application thereof to any person or circumstances, shall, for any reason and to any extent, e invalid r nen o�-ccabae, � rernainde�' of this Lease and the application of uch provision to other persons or circumstances shall not be affected thereby but rather s all be enforceable to the fallest extent permitted by law. ARTICLE 24. Lessee hereby agrees that the indenm ties it undertakes in favour of NSRC, its of cers, agents and employees, ire this Lease wi11 also apply in favor o f Pennsyl va a Lines LLC, the corporate affili ates ofNSRC and to their respective o ffi cers, agents and employees as fily as 1fthey were specified as indennitees heroin, ARTICLE 2 5 Lessee Zvi 11, at the expense o f Less ee and for the further protection ofNS C, procure and maintain din 4 or the life of this Lease, in a form and with an insurance company that is satisfactory to NSRC, a policy o Commercial General Liability suranec with a combined s' gle limit of not less tha i S1,000,000 per occurrence for ink to or death of persons and damage to or loss or destruction of property. Said policy shall be endorsed to provide contractual liability coverage for liability assumed. under this Lease and shall be of of form that does of deny coverage for operations conducted within 50 :feet of any railroad hazard. In addition, said policy shall be endorsed to name Norfolk Southern Railway Company as an additional insureds and shall include a severability of interests provision, Pn"or to entry on NSRC property, a certificate evidencing such insanec sail be finished to and approved by: David fi`n'es, Director Risk Management Norfolk Southern Corporation Three Commercial place, Norfolk, vir im a 23510-2191 Telephone: (757) 629 -2701 'ax: (757) 629 -27361 The certificate of insurance shall state that thirty 30 days advance wTitten notice will be given to NSRC of ray material change in,, or cancellation of such insurance. The fam] shing by Lessee o.f such evidence o f insu.rance and acceptance of the same by NSRC is not intended to and shall not reduce, limit, affect or modify the primary obligations and fiab.ifities of Lessee under any other provisions of this Lease.