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<br />all times Commission will be fully protected against claims that may arise by reason of or in
<br />connection with the sale and dispensing of liquor and alcoholic beverages in and from the Premises.
<br />9.3. Hazardous Materials Coverage. Notwithstanding the above-mentioned commercial
<br />general liability insurance policy limit for Tenant, if Tenant does or intends to bring, possess, use,
<br />store, treat or dispose any Hazardous Material in or upon the Premises, Tenant shall purchase
<br />additional public liability insurance and supply Commission with certificates of insurance
<br />reflecting the additional insurance, with coverage of no less than Five Million Dollars
<br />($5,000,000.00) and purchase environmental impairment liability insurance with coverage of not
<br />less than Five Million Dollars ($5,000,000.00) with a deductible of not greater than Fifty Thousand
<br />Dollars ($50,000.00) to insure that anything contaminated with or by the Hazardous Material be
<br />removed from the Premises, and that the Premises be restored to a clean, neat, attractive, healthy,
<br />sanitary and non- contaminated condition. Each of Commission and the City of South Bend will
<br />be named as an "additional insured" on any such policies.
<br />9.4. Coverage Verification. All policies of insurance required by this Article to be
<br />maintained by Tenant shall: (a) be in a form, and maintained with an insurer, reasonably satisfactory
<br />to Commission; and (b) provide that such policies shall not be subject to cancellation, termination,
<br />or change without written notice to Commission at least thirty (30) days in advance. Tenant
<br />shall deposit with Commission the policy or policies of insurance required to be maintained by
<br />Tenant pursuant to this Article, or proper certificates of such insurance, duly executed by the
<br />insurance company or the general agency writing such policies and effective not later than the
<br />Commencement Date. Tenant shall deposit appropriate renewal or replacement policies or
<br />certificates with Commission not less than ten (10) days prior to the expiration of any such policy
<br />or policies. Tenant shall also furnish Commission with certificates evidencing such coverages from
<br />time to time upon Commission's request. If Tenant shall fail to timely procure or renew any of the
<br />insurance required under this Article, Commission may obtain replacement coverage and the cost
<br />of same shall be payable by Tenant with the next installment of Rent thereafter becoming due and
<br />payable.
<br />9.5. Indemnity.
<br />(a)Definition of Loss. The term “Loss,” as used throughout this Sublease, shall mean
<br />any and all claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings,
<br />actions, causes of action, and losses of any and every kind and nature (including, without limitation,
<br />sums paid in settlement of claims and for attorney's fees and court costs).
<br />(b)Definition of Indemnify. The term “Indemnify,” as used throughout this Sublease,
<br />shall mean that Tenant shall indemnify Commission, save it harmless and, at Commission's option
<br />and with attorneys approved in writing by Commission, defend Commission, and its contractors,
<br />agents, employees, members, managers, officers, and mortgagees, if any, from any Loss arising out
<br />of the condition specified in the particular indemnity provision.
<br />(c)General Indemnity. Except for loss, injury or damage caused solely by the willful
<br />misconduct or gross negligence of Commission, its employees, contractors, or agents, Tenant
<br />covenants to Indemnify Commission for any Loss in connection with or arising from any use or
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