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6.F.(1) Sub-Sublease with Kite Realty Eddy Street Garage
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6.F.(1) Sub-Sublease with Kite Realty Eddy Street Garage
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claims for personal injury, death or property damage occurring upon, in or about the Demised <br />Premises and in or about the adjoining streets and sidewalks, such insurance to afford protection <br />to both Landlord and Tenant, on a per occurrence basis, with a combined single limit of not less <br />than Two Million Dollars and No/100 ($2,000,000). "l~cnant shall also procure and maintain in <br />fiill force and effect throughout the Demised Term worker's compensation insurance with limits <br />as required by the State of Indiana. <br />Section 6.3. CASUALTY INSURANCE. Landlord shall procure and maintain in full <br />force and effect throughout the Demised Term special form cause of loss ("all risk") property <br />insurance upon the Demised Premises for QIe full insurable value thereof (the "Casualty <br />insurance"). Any proceeds of the Casualty Insurance (the "Casualty Insurance Proceeds") <br />shall be payable to and held by U.S. Bank National Association, or its successor or assign, as <br />trustee of the Bond financing (the "Trustee"), to be disbursed as required pursuant to the terms <br />and conditions of this Lease. <br />Section 6.4. BUILDER'S RISK INSURANCE. Landlord shall procure and maintain, <br />or cause Landlord's contractors to procure and maintain, in full force and effect during the <br />continuance of construction on the Demised Premises "all-risk" builder's risk insurance upon the <br />entire construction work to be performed on the Demised Premises to the full insurable value <br />thereof (the "Builder's Risk Insurance"). Any proceeds of the Builder's Risk Insurance (the <br />"Builder's Risk Insurance Proceeds") shall be payable to and held by the Trustee to be <br />disbursed as required pursuant to the terms and conditions of this Lease. <br />Section 6.5. BUSINESS INTERRUPTION INSURANCE. Landlord shall procure and <br />maintain in full force and effect throughout the Demised Term rental value insurance in an <br />amount equal to the full rental value under the Sublease for a period of five years. Any proceeds <br />of insurance received pursuant to the rental value insurance required in this Section 6.5 shall be <br />payable to and held by the Trustee. <br />Section 6.6. WAIVER OF SUBROGA"PION. Landlord hereby waives all rights of <br />recovery against Tenant on account of loss or damage occasioned to Landlord to the extent that <br />such loss or damage is required to be insured against under this Lease. Landlord covenants and <br />agrees that the Casualty Insurance and the Builder's Risk Insurance shall contain a clause <br />whereby the insurer waives its right of subrogation against Tenant. Because the provisions of <br />this Section 6.6 are intended to preclude the assignment of any claim mentioned herein by way <br />of subrogation or otherwise to an insurer or any other person, Landlord shall give to each <br />insurance company which has issued to it one or more of such insurance policies notice of the <br />provisions of this Section 6.6 and have such insurance policies properly endorsed, if necessary, <br />to prevent the invalidation of such insurance by reason of the provisions of this Section 6.6. <br />Section 6.7. GENERAL. All policies contemplated under Sections 6.2 and 63 of this <br />Lease shall be endorsed to include as additional insured parties Tenant and such additional <br />parties as "I~cnant may designate. The insurance policy endorsements shall also provide that all <br />additional insured parties shall be given 30 days' prior written notice of any reduction, <br />cancellation or non-renewal of coverage and shall provide that the insurance coverage afforded <br />to the additional insured parties thereunder shall be primary to any insurance carried <br />independently by said additional insured parties. The policies of insurance shall be placed in <br />-5- <br />
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