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Res 2006-016
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Res 2006-016
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Last modified
6/18/2008 9:20:45 AM
Creation date
7/25/2006 1:40:02 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-16
Date
2/7/2006
Volume Book
165
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e.ti vol F9 <br />i ibi124915 OF'F' 29911 E,23 <br />State of Texas, protecting Lessor and Lessee against any liability, damage, claim or demand <br />arising out of or connected with the condition or use of the Leased Premises. Such insurance <br />shall include contractual liability, personal injury and advertising liability, business automobile <br />(including owned, non-owned and hired) and independent contractor liability as well as products <br />and completed operations coverage. Such insurance coverage must be written on an <br />"occurrence" basis. The insurance required to be maintained by Lessee, may be maintained by <br />any combination of single policies and/or umbrella or blanket policies, so long as the level of <br />coverage is not impaired or reduced by the use thereof. Lessor and its elected officials shall be <br />named as additional insureds, as their interests appear, on all insurance policies required by this <br />Section 6.1. If Lessee's liability insurance policies do not contain the standard ISO Separation of <br />Insureds Provision, or a substantially similar clause, such liability insurance policies shall be <br />endorsed to provide cross-liability coverage at Lessee's expense. <br />6.2 Worker's Compensation Insurance. Lessee agrees, at its sole expense, to obtain <br />and maintain workers' compensation insurance, as required by applicable law, during the Term. <br />The policy will be endorsed to provide a waiver of subrogation as to Lessor. <br />6.3 Property Insurance. At all times during the Term of this Lease, Lessee shall, at its <br />sole expense, maintain a policy or policies of special form commercial property insurance (ISO <br />Special Causes of Loss Form (CP 10 30) or its equivalent), with all premiums paid in advance, <br />issued by and binding upon an insurance company reasonably acceptable to Lessor and <br />authorized to transact business in the State of Texas, insuring all buildings and structures <br />included in the Leased Premises, and covering all trade fixtures, equipment, furniture and other <br />personal property located in the Leased Premises, for the amount of the full replacement cost <br />thereof as of the date of the loss (exclusive of foundation and excavation cost and costs of <br />underground flues, pipes, drains and other uninsurable items) with a deductible amount no <br />greater than that retained by owners of similar properties in the State of Texas at the time the <br />policy in question is obtained. Lessor shall be named as the loss payee, on all such policies. <br />Furthermore, no policy of insurance required under this Section 6.3 shall be written such that the <br />proceeds thereof will produce less than the minimum of coverage required hereunder by reason <br />of co-insurance provisions or otherwise. <br />6.4 Additional Covera¢e/Requirements of Policies. In addition to the insurance <br />required in Sections 6.1, 6.2 and 6.3 hereof, Lessee must also maintain such other insurance, <br />both in terms of (i) risks insured and scope of coverage, and (ii) amounts of coverage, as may <br />from time to time during the Term be customarily carved by owners/operators of properties <br />similar to the Leased Premises in the State of Texas with the effect that at any given time during <br />the Term, Lessee shall maintain such additional insurance coverage on the Leased Premises and <br />its operations thereon equal to that carried by the owners/operators of other similar conference <br />center facilities in the State of Texas. <br />All insurance required of Lessee under this Article 6 shall be primary and non- <br />contributing with any insurance that may be carried by Lessor. Also, each policy of insurance <br />required under this Article 6 shall (i) be issued by one or more insurance companies each of <br />which must have an A.M. Best Company financial and performance rating of A-IX or better and <br />be qualified or authorized by the laws of the State of Texas to assume the risk covered by such <br />policy; (ii) provide that such policy shall not be canceled or modified without at least thirty (30) <br />C-11 <br />803277.4 <br />
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