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Agenda - Council - 01/14/2014
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Agenda - Council - 01/14/2014
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Meetings
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Agenda
Meeting Type
Council
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01/14/2014
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on, in, or about the Premises or by reason of any other claim whatsoever of any person or party <br />occasioned by any act or omission on the part of Landlord or any licensee, employee, director, <br />officer, agent, servant, contractor or subcontractor of Landlord (collectively "Landlord Parties"), <br />or by any breach, violation or non-performance of any covenant of Landlord under this Lease. <br />10. Insurance. Tenant shall, during the Term, at Tenant's own expense, obtain and <br />keep in force, .the following insurance: <br />10.1 LiabilityInsurance. Comprehensivegeneral liability <br />p insurance coverage <br />9either primary and/or umbrella policies), which shall include personal injury, bodily <br />injury, broad form property damage, operations hazard, owner's protective coverage, <br />contractual liability and products and completed operations liability, in limits not less <br />than Three Million ($3,000,000.00) Dollars inclusive. This insurance shall insure <br />Landlord and "Landlord Indemnitees" (as defined below) and Tenant, and such other <br />parties as Landlord may designate, naming each as the insured. Notwithstanding any <br />contrary provisions contained in this paragraph, if any liability insurance policy excludes <br />coverage of any claim made by one insured against another, or any action or suit filed by <br />one insured against another, then Tenant shall deliver to Landlord a separate liability <br />insurance policy, which insures only Landlord and Landlord's Indemnitees and such <br />other parties as Landlord may designate; in accordance with this Paragraph's provisions, <br />and a certificate of insurance evidence a separate liabilityinsurance policy <br />insuring <br />Tenant in accordance with this Paragraph's provisions. The term "Landlord's <br />Indemnitees" shall mean Landlord's affiliates, mortgagees, if any, and their respective <br />officers, shareholders, directors, employees, agents and representatives, as well as the <br />officers, employees, agents and representatives of Landlord. <br />10.2 Fire Insurance. An All -Risk Insurance policy covering the Premises and <br />all improvements located therein in an amount of one hundred (100%) percent of the <br />replacement value of the building and all improvements on. the Premises other than <br />foundations, and with such deductible as Landlord considers appropriate in Landlord's <br />sole discretion. This insurance shall (A) name only Landlord as their respective interests <br />may appear; (B) provide that no act of Tenant shall impede the right of Landlord to <br />receive and collect the insurance proceeds; and (C) provide that the right of Landlord to <br />the insurance proceeds shall not be diminished because of any insurance carried by <br />Tenant for Tenant's own account. Tenant acknowledges that it has no right to receive <br />any proceeds from such insurance policy. Landlord shall not have to carry insurance of <br />any kind on the Premises or on Tenant's furniture or furnishings, or on any of Tenant's <br />fixtures, equipment, improvements, or appurtenances under this Lease. <br />10.3 Worker's compensation and Employer's Liability Insurance. <br />Worker's Compensation and Employer's Liability Insurance in a form and in an amount <br />as required to comply with state law and which shall contain a waiver of subrogation <br />against Landlord. <br />10.4 Liquor Liability Insurance — Dram Shop Coverage. Tenant shall at all <br />times have in place liquor liability insurance (Dram Shop insurance) to insure financial <br />responsibility with regard to civil liability or dram shop actions. The minimum <br />4 <br />
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