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<br />ARTICLE vn <br /> <br />INSURANCE <br /> <br />Section 7.01. Lessor Insurance. Throughout the Lease Term, Lessor shall procure and maintain <br />continuously in effect with respect to the Project, insurance against liability for injuries to or death of any <br />person or damage to or loss of property arising out of or in any way relating to the maintenance, use or <br />operation of the Project or any part thereof, in amounts not less than Lessor's tort liability limits under <br />Minnesota Statutes, Chapter 466. Other than as allowed pursuant to Section 4.07 of this Lease, the Net <br />Proceeds of all such insurance shall be applied toward extinguishment or satisfaction of the liability with <br />respect to which the insurance proceeds may be paid. It is understood that with respect to persons or <br />entities other than Lessor, this insurance covers any and all liability of Lessor and its officers, employees <br />and agents. As an alternative to the purchase of liability insurance, Lessor may self-insure against such <br />liabilities in accordance with the provisions of applicable law. Policies of such insurance may include <br />deductibles of no more than ten percent (10%) of policy amounts. <br /> <br />Lessor shall, throughout the Lease Term, keep the Building and fixtures which are now or <br />hereafter become a part of the Building insured against loss or damage by casualty or fire with extended <br />coverage for not less than the full replacement value of the Project or the outstanding principal amount of <br />the Bonds, whichever is greater. Such insurance shall name Lessee as an additional insured. Upon <br />request, Lessor will deposit annually with Lessee policies evidencing such insurance, or a certificate or <br />binder from the insurer(s), on which Lessee legally may rely, stating that such insurance is in force and <br />effect. In order to avoid unnecessary expense to Lessee, Lessee may from time to time, but no more than <br />once annually, present to Lessor alternative casualty insurance providing substantially similar coverage at <br />lower cost. Lessor shall negotiate in good faith regarding substitution of such alternative insurance <br />coverage. <br /> <br />Lessee shall reimburse Lessor for the costs of obtaining one hundred percent (100%) of the <br />insurance required under this Section 7.01. <br /> <br />Section 7.02. Lessee Insurance. Lessee shall maintain in effect throughout the Lease Term <br />personal injury liability insurance in the minimum amount of Five Million Dollars ($5,000,000) for injury <br />to or death of anyone person, a minimum of Five Million Dollars ($5,000,000) for injury to or death of <br />persons in anyone occurrence, and property damage liability insurance in the minimum amount of Five <br />Million Dollars ($5,000,000). Such insurance shall name the City and Lessor as additional insureds. All <br />insurance required in this Section shall be taken out and maintained in responsible insurance companies <br />selected by Lessee that are authorized under the laws of the State of Minnesota to assume the risks covered <br />thereby. Upon request, Lessee will deposit annually with Lessor policies evidencing all such insurance, or a <br />certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. <br /> <br />Section 7.03. Right to Pav Premiums. In the event of a party's failure to pay the premiums <br />required of such party hereunder, Lessor, Lessee or the City shall be entitled, but shall have no obligation, <br />to effect such insurance and pay the premiums therefor, which amounts shall be repayable to such party <br />upon demand. Each insurer shall agree, by endorsement on the policies issued by it, that it will give to <br />the other party at least thirty (30) days' written notice before the policy or policies in question shall be <br />reduced in amount or canceled. <br /> <br />Section 7.04. Builder's Risk Insurance. Any agreement for any portion ofthe construction of the <br />Building shall require the contractor to maintain at all times during the construction process builder's risk <br /> <br />20 <br />