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7.3 SR 03-01-2021
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7.3 SR 03-01-2021
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6.6 Requirements. All policies of insurance required by Sections 6.1(a), 6.1(b), 6.2(a) <br />and 6.4 shall require notice to Landlord and Mortgagee at least 30 days prior to the cancellation <br />or modification of the policy as a condition to the policy, and in the event any such notice of <br />cancellation is given, Tenant shall provide Landlord and Mortgagee with a certificate of <br />insurance evidencing a renewal or replacement policy at least five (5) days prior to the date of <br />such cancellation. The policies of insurance required under Section 6.1(a) and 6.4 shall name <br />Landlord and any Mortgagee as loss payee, as their interests may appear. Each policy of <br />insurance required by Sections 6.1(a) and 6.4 shall contain an endorsement that the coverage <br />with respect to the Premises afforded under such policy will be extended by the insurer following <br />the stated expiration date of such policy for a period equal to the lesser of ten (10) days following <br />the expiration of such policy or the date when a renewal or replacement policy is bound, and <br />Tenant shall provide Landlord and Mortgagee with a certificate of insurance evidencing such <br />renewal or replacement policy at least five (5) days prior to the expiration of such ten (10)-day <br />period. The policies of insurance required under Section 6.2(a) shall name Landlord and <br />Mortgagee as additional insureds, and evidence of the renewal or replacement policies <br />reasonably satisfactory to Landlord and Mortgagee shall be delivered to Landlord and Mortgagee <br />at least ten (10) business days before the expiration thereof. Certificates of insurance with <br />respect to all policies required under this Lease shall be delivered to Landlord and Mortgagee <br />upon commencement of the Term, and as promptly as practicable after the expiration of existing <br />policies and within ten (10) days of written demand by Landlord. Insurers shall be licensed to do <br />business in the State of Minnesota and either domiciled in the USA or qualified to do business <br />therein as a foreign corporation. All property insurance policies shall contain a standard, non- <br />contributory, first mortgagee clause in favor of Mortgagee. <br />Notwithstanding anything contained herein to the contrary, Landlord retains the right, at <br />Landlord's option, at any time during the Term, for any reason or for no reason, for Landlord, to <br />obtain and continuously maintain in full force and effect during the Term, all of the insurance <br />required under Section 6.1(a) and 6.4 above upon not less than thirty (30) days prior written <br />notice to Tenant. Thereafter, Tenant will have no obligation to maintain such insurance, under <br />any of such Section 6.1(a) and 6.4 as elected by Landlord, but Tenant will reimburse Landlord <br />for all costs, expenses and premiums incurred in obtaining such insurance, within ten (10) days <br />after Landlord provides Tenant with an invoice for such costs and expenses. Tenant will also <br />reimburse Landlord for any costs incurred by Landlord for the coverage identified in Section <br />6.2(b). <br />6.7 Waiver of Claims; Subrogation. Notwithstanding any other provision of this <br />Lease to the contrary, whenever (a) any loss, cost, damage or expense, including consequential <br />damage or expense, resulting from fire, explosion or any other casualty or similar occurrence is <br />incurred by either of the parties hereto, or anyone claiming by, through, or under it is connection <br />with the Premises, and (b) such party is then covered in whole or in part by insurance with <br />respect to such loss, cost, damage or expense or is required under this Lease to be so insured or <br />self insured, then the party so insured (or so required) hereby waives, releases and discharges any <br />claims against and releases the other party from any liability said other party may have on <br />account of such loss, costs, damage or expense, including consequential damage or expense, to <br />the extent of any amount recovered by reason of such insurance, or the amount which could have <br />been recovered by reason of such insurance policies if the same had been maintained as required <br />by the terms of this Lease. The parties agree to furnish to each insurance company which has or <br />10 <br />
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