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7.3 SR 05-15-2023
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7.3 SR 05-15-2023
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7/20/2023 12:14:17 PM
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ARTICLE V <br />ADDITIONAL PROVISIONS <br />Section 5.1 Insurance. <br />(1) The Developer will provide and maintain at all times during the process of <br />constructing the Project an All -Risk Broad Form Basis Insurance Policy and, from time to time <br />during that period, at the request of the City, furnish the City with proof of payment of premiums <br />on policies covering the following: <br />(a) Builder's risk insurance, written on the so-called `Builder's Risk -- <br />Completed Value Basis," in an amount equal to 100% of the aggregate principal amount <br />of the Tax Abatement Notes, and with coverage available in nonreporting form on the so- <br />called "all risk" form of policy. The interests of the City shall be protected in accordance <br />with a clause in form and content satisfactory to the City; <br />(b) Comprehensive general liability insurance (including operations, <br />contingent liability, operations of subcontractors, completed operations, and contractual <br />liability insurance) together with an Owner's Protective Liability Policy with limits <br />against bodily injury and property damage of not less than $1,000,000 for each <br />occurrence (to accomplish the above -required limits, an umbrella excess liability policy <br />may be used). The City shall be listed as an additional insured parry on the policy; and <br />(c) Workers' compensation insurance, with statutory coverage, provided that <br />the Developer may be self -insured with respect to all or any part of its liability for <br />workers' compensation. <br />(2) Upon completion of construction of the Project and prior to the Termination Date, <br />the Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to <br />time at the request of the City shall furnish proof of the payment of premiums on, insurance as <br />follows: <br />(a) Insurance against loss and/or damage to the Project under a policy or <br />policies covering such risks as are ordinarily insured against by similar businesses. <br />(b) Comprehensive general public liability insurance, including personal <br />injury liability (with employee exclusion deleted), against liability for injuries to persons <br />and/or property, in the minimum amount for each occurrence and for each year of <br />$1,000,000, and shall be endorsed to show the City as an additional insured parry. <br />(c) Such other insurance, including workers' compensation insurance <br />respecting all employees of the Developer, in such amount as is customarily carried by <br />like organizations engaged in like activities of comparable size and liability exposure; <br />15 <br />EL 185\74\870137.v5 <br />
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