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1994-05-17 Resolution 91
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1994-05-17 Resolution 91
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(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 $25,000; a blanket public institutional property <br />insurance form may be used if: (i) the insurance on the Project <br />is not less than the amount required by this Section 6.02; (ii) the <br />commission subordinates its claim for damage or destruction to <br />other buildings or improvements to claims for damage or destruction <br />of the Project; and (iii) the insurance proceeds related to damage <br />to or destruction of the Project are payable to the Trustee; 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 referred <br />to in Sec. 6.02 and the architect's or engineer's certificates <br />referred to in Sec. 6.02(a) shall be deposited with the Trustee. <br />A schedule of such policies shall be deposited with the Trustee. <br />Such schedule shall contain the names of the insurers, the amounts <br />of each policy, the character of the risk insured against, the <br />expiration date of each policy, the premium paid thereon, and any <br />other pertinent data. <br />Sec. 6.04. In case the Authority shall at any time refuse, <br />neglect or fail to obtain and furnish such certificate or to effect <br />insurance as aforesaid, the Trustee may, in its discretion, procure <br />such certificate and /or such insurance, and all moneys paid by the <br />Trustee for such certificate and /or insurance, together with <br />interest thereon at the highest rate of interest on any of the <br />Bonds when sold, whether or not then outstanding, shall be repaid <br />by the Authority upon demand, and shall constitute an additional <br />indebtedness of the Authority secured by the lien of this <br />Agreement, prior and paramount to the lien hereunder of said Bonds <br />and interest thereon. The Trustee, however, shall not be obligated <br />to effect such insurance unless fully indemnified against the <br />• -30- <br />
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