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6B (11)
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12-13-11 Packet
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6B (11)
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equipment owned by or leased to CHA thereon or therein during any calendar year. CHA shall <br />be deerred to have complied with the covenants of this Section 4.02 if payment of Taxes shall <br />have been made either within any period allowed by applicable law before the same shall <br />become a lien upon the Commission Property; or, if the Taxes constitute a lien before it is due <br />and payable, then, before any penalty or interest is assessed with respect thereto. CHA shall send <br />to the Commission satisfactory evidence of payment of any applicable Taxes and any other <br />payment hereunder if requested to do so by the Commission in writing. <br />4.03. Right to Contest. CHA shall have the right to contest all Taxes referred to <br />in Secti m 4.01 by appropriate legal proceedings, or in such other manner as it may deem <br />appropriate. Such legal proceedings shall include any and all appropriate appeals or other <br />proceedings and appeals from orders, judgments or decrees so long as the same are sufficient to <br />prevent a foreclosure sale. CHA shall conduct all such proceedings at its expense. The <br />Commission shall execute all documents reasonably required for such proceedings. CHA shall <br />pay to the Commission any costs or expenses incurred or to be incurred by the Commission in <br />connection therewith. Notwithstanding the foregoing, CHA shall pay any such Taxes prior to the <br />time the Commission Property or any part thereof shall become subject to sale upon foreclosure <br />of the lien therefor. <br />4.04. Distribution of Overpayment of Taxes. If there shall be any refunds or <br />rebates on account of Taxes paid by CHA under the provisions of this Agreement, such refund or <br />rebate sliall belong to the Commission, regardless of when such is received by the Commission. <br />Any refi►nds so received by the Commission shall be deemed to be received by the Commission <br />in trust for CHA and shall be paid to CHA forthwith. The Commission will, upon request of <br />CHA, sign any receipts which may be necessary to secure the payment of any such refund or <br />rebate. <br />4.05. Separate Assessments. Upon the request of CHA at any time, the <br />Commission will make application individually, or will join in CHA's application, and will <br />execute such instruments as may be necessary or appropriate to obtain separate tax assessments <br />for the Commission Property. <br />Insurance. <br />5.01. Liability Insurance. CHA shall maintain and keep in force at all times, <br />with an : nsurance company or companies licensed to do business in the State of Indiana, selected <br />by CHA and acceptable to the Commission (i) comprehensive general public liability insurance <br />coverin€ any and all claims for injuries to or death of persons or damage to property occurring in <br />or upon the Commission Property and having initial minimum levels of combined coverage for <br />bodily i -ijury (including death resulting therefrom) and property damage, including umbrella <br />coverage, of not less than Five Million and No /100 Dollars ($5,000,000.00), for each occurrence <br />and on an annual aggregate basis and (ii) workers' compensation and employer's liability <br />insurance in such amounts as shall be required by law from time to time, but in no event less than <br />One Hundred Thousand Dollars ($100,000) per accident. CHA's comprehensive general public <br />liability insurance shall have extensions of coverage to include blanket contractual liability for <br />written and oral contracts, broad form property damage and premises operations (including <br />explosion, collapse and underground coverage). Each policy referred to in this Section 5.01 shall <br />3 <br />
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