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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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Dk Vol F's <br />i i6t]?441 ~ DF'R 249i i 624 <br />days prior written notice to Lessor and (iii) provide that any loss otherwise payable thereunder <br />shall be payable notwithstanding any act or negligence of the named insureds which might, <br />absent such agreement, result in a forfeiture of all or a part of such insurance payment. On the <br />Operational Date and thereafter as Lessor may require, Lessee shall provide Lessor with <br />certificates of insurance, or other evidence and documentation, acceptable to Lessor evidencing <br />Lessee's full compliance with the insurance requirements of this Lease. If requested by Lessor, <br />Lessee shall provide Lessor with certified copies of any of the required policies. Lessee shall <br />promptly pay all premiums when due on such insurance and not less than fifteen (15) days prior <br />to the expiration date of each such policy, deliver to Lessor acceptable evidence of insurance, <br />such as a renewal policy or policies marked "Premium Paid", or other evidence satisfactory to <br />Lessor, reflecting that all required insurance is current and in force. Lessee will immediately <br />give notice to Lessor of any cancellation of, or change in, any insurance policy required to be <br />maintained hereunder. Lessee may satisfy any insurance requirement hereunder by providing <br />one or more "blanket" insurance policies provided same is reasonably acceptable to Lessor. <br />6.5 WAIVER. LESSOR AND LESSEE HEREBY WAIVE ALL CLAIMS, RIGHTS <br />OF RECOVERY AND CAUSES OF ACTION THAT EITHER PARTY OR ANY PARTY <br />CLAIMING BY, THROUGH OR UNDER SUCH PARTY BY SUBROGATION OR <br />OTHERWISE MAY NOW OR HEREAFTER HAVE AGAINST THE OTHER PARTY OR <br />ANY OF THE OTHER PARTY'S PRESENT AND FUTURE SUBSIDIARIES, AFFILIATES, <br />PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, DIRECT OR INDIRECT <br />STOCKHOLDERS, AGENTS, OTHER REPRESENTATIVES, SUCCESSORS AND <br />ASSIGNS FOR LOSS OR DAMAGE TO PROPERTY OF LESSOR AND LESSEE, EVEN IF <br />CAUSED BY THE NEGLIGENCE OR FAULT OF THE RELEASED PARTY OR ITS <br />PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, <br />TO THE EXTENT THAT THE LOSSES OR DAMAGES ARE COVERED BY THE <br />INSURANCE POLICIES ACTUALLY MAINTAINED PURSUANT TO SECTION 6.3 OF <br />THIS LEASE. <br />6.6 Adjustment of Losses. Any loss under any such insurance policy required under <br />Section 6.3 hereof shall be made payable to Lessor for the benefit of Lessee and Lessor, to the <br />end that Lessor shall be entitled to collect all money due under such insurance policies payable in <br />the event of and by reason of the loss of or damage to the Leased Premises, to be applied <br />pursuant to Section 6.7 below. Any accumulation of interest on the insurance proceeds collected <br />by Lessee shall be added to, and become a part of, the fund being held by Lessor for the benefit <br />of Lessor and Lessee. The adjustment of losses with the insurer shall be made by Lessor. <br />6.7 Application of Proceeds of Pr_pertv Insurance. All proceeds payable pursuant to <br />the provision of any policies of property insurance required to be carried under the terms of this <br />Lease (net of reasonable expenses of collection) shall be applied for the following purposes: <br />(a) All such net proceeds shall first be used, subject to any other terms and <br />conditions contained in this Lease, to fund the rebuilding, restoration and repair of the portion of <br />the Leased Premises which have become destroyed or damaged for which such proceeds are <br />payable, such funds to be released by Lessor to Lessee on such teens and conditions as Lessor <br />may reasonably require; and <br />C-12 <br />803273.4 <br />
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