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4.03. Ristht to Contest. SMA shall have the right to contest all Taxes referred to in Section 4.01 by appropriate legal proceedings, or in such other manner as it may deem appropriate. Such legal proceedings shall include any and all appropriate appeals or other proceedings and appeals from orders, judgments or decrees so long as the same are sufficient to prevent a foreclosure sale. SMA shall conduct all such proceedings at its expense. The Commission shall execute all documents reasonably required for such proceedings. SMA shall pay to the Commission any costs or expenses incurred or to be incurred by the Commission in connection therewith. Notwithstanding the foregoing, SMA shall pay any such Taxes prior to the time the Commission Property or any part thereof shall become subject to sale upon foreclosure of the lien therefor. 4.04. Distribution of Overpayment of Taxes. If there shall be any refunds or rebates on account of Taxes paid by SMA under the provisions of this Agreement, such refund or rebate shall belong to the Commission, regardless of when such is received by the Commission. Any refunds so received by the Commission shall be deemed to be received by the Commission in trust for SMA and shall be paid to SMA forthwith. The Commission will, upon request of SMA, sign any receipts which may be necessary to secure the payment of any such refund or rebate. 4.05. Separate Assessments. Upon the request of SMA at any time, the Commission will make application individually, or will join in SMA's application, and will execute such instruments as may be necessary or appropriate to obtain separate tax assessments for the Commission Property. 5. Insurance. 5.01. Liability Insurance. SMA shall maintain and keep in force at all times, with an insurance company or companies licensed to do business in the State of Indiana, selected by SMA and acceptable to the Commission (i) comprehensive general public liability insurance covering any and all claims for injuries to or death of persons or damage to property occurring in or upon the Commission Property and having initial minimum levels of combined coverage for bodily injury (including death resulting therefrom) and property damage, including umbrella coverage, of not less than Five Million and No /100 Dollars ($5,000,000.00), for each occurrence and on an annual aggregate basis and (ii) workers' compensation and employer's liability insurance in such amounts as shall be required by law from time to time, but in no event less than One Hundred Thousand Dollars ($100,000) per accident. SMA's comprehensive general public liability insurance shall have extensions of coverage to include blanket contractual liability for written and oral contracts, broad form property damage and premises operations (including explosion, collapse and underground coverage). Each policy referred to in this Section 5.01 shall name the Commission as an additional insured. Such liability insurance may be provided by a single policy or combination of underlying policies, with the balance provided by an excess or umbrella liability policy; provided such excess or umbrella insurance complies with all of the other requirements of this Agreement with respect to such insurance. 5.02. Property Insurance. During the Term, SMA shall keep any buildings now or hereafter located on the Commission Property insured with an insurance company licensed to 3