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6B (11)
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6B (11)
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name th° Commission as an additional insured. Such liability insurance may be provided by a <br />single policy or combination of underlying policies, with the balance provided by an excess or <br />umbrellaL liability policy; provided such excess or umbrella insurance complies with all of the <br />other requirements of this Agreement with respect to such insurance. <br />5.02. Property Insurance. During the Term, CHA shall keep any buildings now <br />or hereafter located on the Commission Property insured with an insurance company licensed to <br />do busir.ess in the State of Indiana, selected by CHA and acceptable to the Commission for the <br />benefit of CHA 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 />deductit le in an amount not exceeding Twenty Five Thousand and Dollars ($25,000.00). <br />Notwithstanding the foregoing, CHA 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 no-. carry any insurance concurrent in coverage and contributing in the event of loss with <br />any insurance required to be furnished by CHA hereunder, if the effect of such separate <br />insurance would be to reduce the protection or the payment to be made under CHA's insurance. <br />5.03. Proof of Insurance. CHA 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 mates ially amended without thirty (30) days prior written notice to the Commission or CHA, <br />as applicable. <br />5.04. Adjustment in Insurance. If by reason of changed conditions or by reason <br />of experience, CHA reasonably determines that the insurance amounts referred to in the <br />foregoing Section 5.01 are inadequate, CHA 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 CHA under <br />this Sect ion, CHA 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 CHA at a <br />reasonable cost. <br />5.05. Waiver of Subro ag tion. CHA and the Commission waive all rights against <br />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 nsurance: Provided, however, that this waiver shall not be effective if it would preclude <br />or prejudice the right of CHA 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, CHA will cause such policies to be <br />so endorsed. <br />4 <br />
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