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6B (4)
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09-13-11 Packet
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6B (4)
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do business in the State of Indiana, selected by SMA and acceptable to the Commission for the <br />benefit of SMA and the Commission, as their respective interests may appear, against loss or <br />damage by fire or other casualty (including earthquake, to the extent customary and available on <br />reasonable terms) covered by a customary extended coverage endorsement, in an amount equal <br />to one hundred percent (100 %) of the replacement cost thereof and providing for and having a <br />deductible in an amount not exceeding Twenty Five Thousand and Dollars ($25,000.00). <br />Notwithstanding the foregoing, SMA shall at all times maintain such insurance in an amount <br />sufficient to meet all co- insurance requirements under such insurance policy. The Commission <br />shall not carry any insurance concurrent in coverage and contributing in the event of loss with <br />any insurance required to be furnished by SMA hereunder, if the effect of such separate <br />insurance would be to reduce the protection or the payment to be made under SMA's insurance. <br />5.03. Proof of Insurance. SMA shall deliver copies of insurance certificates <br />evidencing all coverage required by this Section 5 to the Commission not less than ten (10) days <br />prior to the expiration of any current insurance coverage. Each such policy referred to in this <br />Section 5 shall contain a provision providing that the policy shall not be canceled, not renewed <br />or materially amended without thirty (30) days prior written notice to the Commission or SMA, <br />as applicable. <br />5.04. Adjustment in Insurance. If by reason of changed conditions or by reason <br />of experience, SMA reasonably determines that the insurance amounts referred to in the <br />foregoing Section 5.01 are inadequate, SMA shall, at the request of the Commission, increase the <br />amounts of such insurance carried to the extent appropriate for a like facility under like <br />circumstances. In the event that it shall become customary for a grantee of a similar easement to <br />maintain types of insurance coverage other than those required to be maintained by SMA under <br />this Section, SMA shall maintain such other types of insurance coverage upon the written request <br />of the Commission so long as such types of insurance coverage can be obtained by SMA at a <br />reasonable cost. <br />5.05. Waiver of Subrogation. SMA and the Commission waive all rights <br />against each other and against those for whom the other is legally liable for all losses covered by <br />insurance provided under this Section 5 to the extent the upper limits of such insurance are <br />adequate to cover such losses, it being the intent of this provision to allocate all risk of such loss <br />to such insurance: Provided, however, that this waiver shall not be effective if it would preclude <br />or prejudice the right of SMA or the Commission to recover under such insurance policy. If the <br />policies of insurance provided for under this Section 5 require an endorsement to provide for <br />continued coverage where there is a waiver of subrogation, SMA will cause such policies to be <br />so endorsed. <br />5.06. Insurance Proceeds. The proceeds of any and all policies of insurance <br />upon the improvements on the Commission Property maintained pursuant to Section 5.02 <br />remaining after any required payment to any mortgagee shall be used as a trust fund toward the <br />repair, reconstruction, replacement or rebuilding of said improvements. Accordingly, all such <br />policies of insurance shall provide that all proceeds payable at any time under such policies shall <br />be paid to the Commission for the benefit of the Commission, SMA and any mortgagee. All <br />such insurance proceeds deposited with the Commission remaining after any required payments <br />to any mortgagee shall be disbursed in the manner and upon the conditions customarily <br />4 <br />
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