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1990-12-17 Resolution 26
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1990-12-17 Resolution 26
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7/17/2008 2:02:19 PM
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• and in an amount not less than Five Hundred Thousand Dollars in the <br />aggregate during each policy period, each of which shall be not <br />longer than one year. <br />The Authority further covenants that all contracts for the <br />construction of said Project will or do require the contractor to <br />carry such insurance as will protect the contractor from liability <br />under the Indiana Workers' Compensation and Workers' Occupational <br />Diseases Acts. Certificates of the insurance coverage required <br />under Subsection (b) of this section and the preceding sentence <br />shall be furnished to the Trustee. <br />Sec. 6.02. The Authority covenants that, after the <br />completion of the Project, it will carry or cause to be carried: <br />(a) Insurance on the Project against physical loss or <br />damage thereto, however caused, with such exceptions as are <br />ordinarily required by insurers of buildings or facilities of a <br />similar type, which insurance shall be in an amount at least equal <br />to the greater of (i) the option to purchase price under the Lease, <br />or (ii) one hundred percent (1000 of the full replacement cost of <br />the Project as certified by a registered architect, a registered <br />engineer, or a professional appraisal engineer selected by the <br />Authority with the approval of the Trustee, on the effective date <br />of such insurance and on or before April 1 of each year thereafter <br />(such appraisal may be based on a recognized index of conversion <br />factors); provided that such certification shall not be required <br />so long as the amount of such insurance shall be in an amount at <br />least equal to the option to purchase price under the Lease; such <br />insurance may contain a provision for a deductible in an amount not <br />exceeding $10,000; and <br />(b) Rent or rental value insurance in an amount least <br />equal to the full rental value of the Project for a period of two <br />(2) years against physical loss or damage of the type insured <br />against under Sec. 6.02(a) above; and <br />(c) Public liability and property damage insurance in <br />amounts customarily carried for similar properties; provided <br />however, that, notwithstanding Sec. 6.03, such insurance may be <br />provided under the public liability self insurance program of the <br />City of South Bend. <br />Sec. 6.03. Except as provided in Sec. 6.02(c), such <br />insurance policies shall be maintained in insurance companies rated <br />B+ or better by A.M. Best Company (or a comparable rating service <br />if A.M. Best Company ceases to exist or rate insurance companies), <br />and shall be countersigned by an agent of the insurer who is a <br />resident of the State of .Indiana. A copy of such policies and the. <br />architect's or engineer's certificates referred to in Sec. 6.02(a) <br />-26- <br />
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