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5.2. SR 12-07-1998
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5.2. SR 12-07-1998
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12/7/1998
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in the collection of such proceeds (the "Net Proceeds") resulting from claims for casualty <br />thereunder to the Improvements for loss or damage covered thereby to be made jointly <br />payable to Lessee and Lessor. <br /> <br />(02) Comprehensive general liability insurance (including operations, contingent liability, <br />operations of subcontractors, completed operations and contractual liability insurance) <br />together with an Owner's Contractor's Policy with limits against bodily injury and property <br />damage of not less than $1,000,000 for each occurrence (to accomplish the above-required <br />limits, an umbrella excess liability policy may be used). <br /> <br />(03) Worker's compensation insurance, with statutory coverage. <br /> <br />(04) Acceptance of insurance policies delivered pursuant to this Section 6.1 shall not bar <br />Lessor from requiring reasonable amounts of additional insurance which it deems necessary <br />to protect its interest in the Leasehold Property. <br /> <br /> 6.2) Insurance After Construction - Upon completion of construction of the Improvements, <br />Lessee shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the <br />request of Lessor shall furnish proof of the payment of premiums on, insurance as follows: <br /> <br />(01) Insurance against loss and/or damage to the Improvements under a policy or policies <br />covering such risks as are ordinarily insured against by similar businesses, including (without <br />limiting the generality of the foregoing) fire, extended coverage, vandalism and malicious <br />mischief, boiler explosion, water damage, demolition cost, debris removal, and collapse in an <br />amount not less than the full insurable replacement value of the Improvements. No policy of <br />insurance shall be so written that the proceeds thereof will produce less than the minimum <br />coverage required by the preceding sentence, by reason of co-insurance provisions or <br />otherwise, without the prior consent thereto in writing by Lessor. The term "full insurable <br />replacement value" shall mean the actual replacement cost of the Improvements (excluding <br />foundation and excavation costs and costs of underground flues, pipes, drains and other <br />uninsurable items) and equipment. All policies evidencing insurance required by this <br />subdivision (01) with respect to the Improvements shall be carried in the names of Lessee and <br />Lessor, as their respective interests may appear, and shall contain standard clauses which <br />provide for any proceeds paid by an insurer to Lessee or Lessor and remaining after deducting <br />all expenses, including fees and disbursements of counsel, incurred in the collection of the Net <br />Proceeds resulting from claims for casualty thereunder to the Improvements for loss or <br />damage covered thereby to be made jointly payable to Lessee and Lessor. <br /> <br />(02) Comprehensive general public liability insurance, including personal injury liability <br />(with employee exclusion deleted), and automobile insurance, including owned, nonowned <br />and hired automobiles, against liability for injuries to persons and/or property, in the minimum <br />amount for each occurrence and for each year of $1,000,000, for public liability not arising <br />from ownership or operation of automobiles (or other motor vehicles), and in the minimum <br />amount of $100,000 for each occurrence and for each year for liability arising out of <br /> <br />BURNIS 566679.3 6 of 22 <br /> <br /> <br />
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