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<br />ARTICLE 5
<br />UTILITIES
<br />Section 5.1 Utilities. Lessee shall directly pay or cause to be paid, as Additional Rent
<br />hereunder, all charges for cleaning and building services, steam, water, natural gas, sewer,
<br />electricity, light, heat, air conditioning, telephone or other telecommunications, internet, or other
<br />service or utility used, rendered, or supplied upon, or in connection with the Leasehold Property
<br />and Improvements (the “Utilities”) during the Term or any Renewal Term. Lessee shall contract
<br />for the Utilities in Lessee’s own name and shall indemnify and hold the City harmless from any
<br />liability or expense for any such charge. Upon the City’s request, Lessee shall furnish to the City
<br />paid statements, invoices or cancelled checks evidencing the payment of all obligations undertaken
<br />by Lessee under this Article 5.
<br />ARTICLE 6
<br />INSURANCE
<br />Section 6.1 General Insurance Requirements. For the full Term and any Renewal
<br />Term, Lessee 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. Property Insurance. Insurance against loss and/or damage to the Improvements under a
<br />policy or policies covering such risks as are ordinarily insured against by similar
<br />businesses, including (without limiting the generality of the foregoing) fire, extended
<br />coverage, vandalism and malicious mischief, boiler explosion, water damage, demolition
<br />cost, debris removal, and collapse in an amount not less than the full insurable replacement
<br />value of the Improvements. No policy of insurance shall be so written that the proceeds
<br />thereof will produce less than the minimum coverage required by the preceding sentence,
<br />by reason of co-insurance provisions or otherwise, without the prior consent to such
<br />provisions in writing by the City. The term “full insurable replacement value” shall mean
<br />the actual replacement cost of the Improvements (excluding foundation and excavation
<br />costs and costs of underground flues, pipes, drains, and other uninsurable items) and
<br />equipment. All policies evidencing insurance required by this Section 6.1.A., with respect
<br />to the Improvements, shall be carried in the names of Lessee and the City, as their
<br />respective interests may appear, and shall contain standard clauses which provide for any
<br />proceeds paid by an insurer to Lessee or the City and remaining after deducting all
<br />expenses, including fees and disbursements of legal counsel, incurred in the collection of
<br />the Net Proceeds resulting from claims for casualty thereunder to the Improvements for
<br />loss or damage covered thereby to be made jointly payable to Lessee and the City.
<br />B. General Liability. Lessee shall maintain Commercial General Liability Insurance in a
<br />minimum amount of $2,000,000 per occurrence; $4,000,000 annual aggregate. The policy
<br />shall cover liability arising from premises, operations, products-completed operations,
<br />personal injury, advertising injury, and contractually assumed liability. Lessee, including
<br />its elected and appointed officials, employees, and agents, shall be endorsed as additional
<br />insured.
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<br />2067394.0015/184093281.2
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