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1992-06-26 Resolution 59
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1992-06-26 Resolution 59
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7/23/2008 1:52:48 PM
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• <br />Lessee agrees to pay the deductible amount of any loss to the <br />Authority. A blanket public institutional property insurance form <br />may be used if: <br />(a) the. insurance on the Project is not less than the amount <br />required by this Section, <br />(b) the Lessee subordinates its claim for damage or <br />destruction to other buildings or improvements to claims <br />for damage or destruction of the Project, and <br />(c) the insurance proceeds related to damage to or <br />destruction of the Project 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 amount <br />at least equal to the full rental specified in Section 4 for a <br />period of two (2) years against physical loss or damage of the type <br />insured against pursuant to the preceding requirements of this <br />Section. Such policies shall be for the benefit of and shall be <br />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 />Project or proceeds of any condemnation of the Project shall be <br />paid to and held by the Trustee and used to pay for reconstruction <br />or replacement of the Project in accordance with plans approved by <br />the Authority and the Lessee, unless the Lessee elects to exercise <br />its option to purchase. <br />South Bend. <br />Section 11. Liability Insurance. The Lessee shall, at <br />all times during the full term of this Lease, keep in effect, <br />public liability and property damage insurance, insuring the <br />Lessee, the Authority and the Trustee in amounts customarily <br />carried for similar properties. Such insurance may be provided <br />under the public liability self insurance program of the City of <br />Section 12. General Insurance Provisions. All insurance <br />policies required by Sections 9 and 11, other than insurance <br />provided under the public .liability self insurance program of the <br />City of South Bend., shall be with insurance. companies rated B+ or <br />better by A.M. Best Company (or a comparable rating service if A.M. <br />Best company ceases to exist or rate insurance companies), and <br />shall be countersigned by an agent of the insurer who is a resident <br />of the State of Indiana, and such policies,. or copies thereof, and <br />the certificate of the architect or engineer referred to in Section <br />9 shall be deposited-with the Authority and the Trustee. If, at <br />any time, the Lessee fails to maintain insurance in accordance with <br />Sections 9 and 11, such insurance may be obtained by the Authority, <br />or may be obtained by the Trustee, and the amount paid for such <br />insurance shall be added to the amount of rental payable by the <br />-6- <br />
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