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1988-06-17 Resolution 5
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1988-06-17 Resolution 5
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7/17/2008 11:32:02 AM
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<br />assessments, if any, and maintenance-and use in connection with <br />or relating to the Facility, including but not limited to, all <br />costs and expenses of decoration, maintenance, utility, <br />janitorial and all other services, repair or replacement of all <br />parts of the Facility or improvements of the Facility. <br />Section 7. Nonliability of Authority. The Authority shall <br />not be liable for damage caused by hidden-defects or failure to <br />keep the premises in repair and shall not be liable for any <br />damage done or occasioned by or from plumbing, gas, water, <br />boilers, steam or other pipes or sewage or the bursting or <br />leaking of plumbing or heating fixtures or waste or soil pipe in <br />connection with said premises, nor for damage occasioned by <br />water, snow or ice being upon sidewalks or coming through the <br />roof, skylight, trapdoor or otherwise. The Authority shall not <br />be liable for any injury to the Lessee or any sublessee of -the <br />Lessee or any other person which injury occurs on, in or about <br />the Facility howsoever arising. The Authority shall. not be <br />liable for damage to the Lessee's property or to the property of <br />any sublessee of the Lessee or of any other person which may be <br />located in, upon or about said premises. <br />Section 8. Alterations. Lessee shall have the right, <br />without the consent of the Authority, to make all alterations, <br />modifications and additions and to do all remodelings and <br />improvements it deems necessary or desirable to the Facility, <br />which do not reduce the rental value of the Facility. <br />Section 9. Insurance. The Lessee, at its own expense, will, <br />during the full term of the Lease, keep the Facility .insured <br />against physical .loss or damage, however caused, with such- <br />exceptions as are ordinarily required by insurers of buildings or <br />facilities of a similar type; in good and responsible insurance <br />companies acceptable to the Authority. Such insurance shall be <br />in an amount at least equal to the greater of '(i) the. option to <br />purchase price or (ii) one hundred percent (100$) of the full <br />replacement cost of such Facility as certified by a registered <br />architect, a registered engineer, or professional appraisal <br />engineer, selected by the Authority, on the effective date of <br />this Lease and on or before the first day of April of each year <br />thereafter; provided that such certification shall not be <br />required so long as the amount of such insurance shall be in an <br />amount at least equal to the option to purchase price.. Such <br />appraisal may be based upon a recognized index of conversion <br />factors. In no event shall the insurance be in an amount which <br />causes the Lessee to be a co-insurer for the Facility. Such <br />insurance may contain a provision for a deductible in an amount <br />not exceeding $100,000. The Lessee agrees to pay the deductible <br />amount of any loss to the Authority. A blanket public <br />institutional property insurance form may be used if: <br />(a) the insurance on the Facility is not less than the <br />amount required by this Section, <br />-5- <br />
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