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07-23-2003 Council Agenda
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07-23-2003 Council Agenda
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percent (100 %) of the insurable value of the Minimum Improvements for <br />that Parcel at the date of completion, and with coverage available in non - <br />reporting form on the so- called "all risk" form of policy. Notwithstanding <br />anything else in this Section 9.1, Developer is only obligated to obtain and <br />maintain builder's risk insurance for buildings that have completed <br />foundations and are under construction. <br />(ii) Occurrence based comprehensive general liability <br />insurance (including operations, contingent liability, operations of <br />subcontractors, completed operations and contractual liability insurance) <br />together with an Owner's Contractor's Policy insuring against claims for <br />death, bodily injury and property damage with coverage in amounts not <br />less than $2,000,000 per occurrence and $3,000,000 in aggregate (to <br />accomplish the above - required limits, an umbrella excess liability policy <br />may be used); and <br />(iii) Worker's compensation insurance, with statutory coverage. <br />(b) With respect to each Parcel, from the date the Developer completes <br />construction of the Minimum Improvements for such Parcel through the Termination <br />Date, the Developer will obtain and maintain, or cause to be obtained and maintained: <br />(i) Casualty insurance against loss and /or damage to the <br />applicable Minimum Improvements the Developer owns under a policy or <br />policies covering such risks as are ordinarily insured against by similar <br />businesses, including (without limiting the generality of the foregoing) <br />fire, extended coverage, vandalism and malicious mischief, explosion, <br />water damage, demolition cost, debris removal, and collapse in an amount <br />not less than the full insurable replacement value of the Minimum <br />Improvements the Developer owns, but any such policy may have a <br />deductible amount of not more than $50,000. No policy of insurance shall <br />be so written that the proceeds thereof will produce less than the minimum <br />coverage required by the preceding sentence, by reason of co- insurance <br />provisions or otherwise, without the prior consent thereto in writing by the <br />EDA. The term "full insurable replacement value" shall mean the actual <br />replacement cost of the Minimum Improvements (excluding foundation <br />and excavation costs and costs of underground flues, pipes, drains and <br />other uninsurable items) and equipment, and shall be determined from <br />time to time at the request of the EDA, but not more frequently than once <br />every three years, by an insurance consultant or insurer selected and paid <br />for by the Developer and approved by the EDA. <br />(ii) Occurrence based comprehensive general liability <br />insurance (including operations, contingent liability, operations of <br />subcontractors, completed operations and contractual liability insurance) <br />insuring against claims for death, bodily injury and property damage with <br />coverage in amounts not less than $2,000,000 per occurrence and <br />-17- <br />
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