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1988-06-17 Resolution 7
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1988-06-17 Resolution 7
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7/17/2008 11:41:23 AM
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• insurance may contain a provision for a deductible in an amount <br />not exceeding $100,000. 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 />(b} Lessee subordinates its claim for damage or destruction <br />to other buildings to claims for damage. or destruction <br />of the Facility, and <br />(c) the insurance proceeds related to damage to or <br />destruction of the Facility are payable to the Trustee. <br />During the full term. of this Lease, the Lessee-will also, at its <br />own expense, maintain rental or rental value insurance in an <br />amount at least equal to the full rental specified in Section 3 <br />for a period of two (2) years against physical loss or damage of <br />the type insured against pursuant to the preceding requirements <br />of this Section.. Such policies shall be for the benefit of and <br />shall be made payable to the Trustee. <br />Section 10. Use of Insurance and Condemnation Proceeds.. <br />Proceeds of insurance against damage to or destruction of the <br />Facility or proceeds of any condemnation of the Facility shall be <br />• paid to and held by the Trustee and used to pay for <br />reconstruction or replacement of the Facility in accordance with <br />plans approved by Authority and the Lessee, unless the Lessee <br />elects to exercise its, .option to purchase and such proceeds shall <br />be sufficient to pay the option price.. <br />Section 11. Liability Insurance. The Lessee .shall, at all <br />times during the full term of this .Lease, keep in effect, public <br />liability and property damage insurance, insuring the Lessee and <br />the Authority. in amounts customarily carried by similar <br />facilities. <br />Section 12. General Insurance Provisions. All insurance <br />policies required by Sections 9 and 11 shall be with good and <br />responsible insurance companies acceptable to the Authority and <br />the Trustee, and shall be countersigned by an agent of the <br />insurer who is a resident of the State of Indiana, and such <br />policies, :or copies thereof, together with a certificate of the <br />insurance commissioner certifying that the persons countersigning <br />such policies are duly qualified in the State of Indiana as <br />resident agents of the insurers on whose behalf they may have <br />signed, and the certificate of the architect or engineer referred <br />to in Section 9 shall be deposited with the Authority and the <br />Trustee. If, at any time, the Lessee fails to maintain insurance <br />in accordance with Sections 9 and 11, such insurance may be <br />obtained by the Authority, or may be obtained by the Trustee, and <br />~- the amount paid for such insurance shall be added to the amount <br />-5-. <br />
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