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09-22-2003 EDA Packet
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09-22-2003 EDA Packet
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EDA
EDA Document Type
EDA Packet
Meeting Date
09/22/2003
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a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage <br />provided below the amounts required herein without giving written notice to the Developer and the <br />Authority at least thirty (30) days before the cancellation or modification becomes effective. In lieu <br />of separate policies, the Developer or its tenant may maintain a single policy, blanket or umbrella <br />policies, or a combination thereof, having the coverage required herein, in which event the <br />Developer shall deposit with the Authority a certificate or certificates of the respective insurers as to <br />the amount of coverage in force upon the Minimum Improvements. <br />(d) The Developer agrees to notify the Authority immediately in the case of damage <br />exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion <br />thereof resulting from fire or other casualty. In such event the Developer will forthwith repair, <br />reconstruct and restore the Minimum Improvements to substantially the same or an improved <br />condition or value as it existed prior to the event causing such damage and, to the extent necessary <br />to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds <br />of any insurance relating to such damage received by the Developer to the payment or <br />reimbursement of the costs thereof. <br />The Developer shall complete the repair, reconstruction and restoration of the Minimum <br />Improvements, whether or not the Net Proceeds of insurance received by the Developer for such <br />purposes are sufficient to pay for the same. Any Net Proceeds remaining after completion of such <br />repairs, construction and restoration shall be the property of the Developer. <br />(e) In lieu of its obligations under paragraph (d), Developer may repay to the Authority <br />all amounts previously paid by the Authority to the holder of the Note. Upon the Authority's <br />receipt of such payment, the Note and this Agreement will be deemed terminated and neither party <br />will have any further liability hereunder, except that the provisions of Section 8.3 survive <br />termination. <br />(f) The Developer and the Authority agree that all of the insurance provisions set forth <br />in this Article V shall terminate upon the termination of this Agreement. <br />Section 5.2. Subordination. Notwithstanding anything to the contrary contained in this <br />Article V, the rights of the Authority with respect to the receipt and application of any proceeds of <br />insurance shall, in all respects, be subject and subordinate to the rights of any lender under a <br />Mortgage approved pursuant to Article VII of this Agreement. <br />SJB-237079v2 <br />LN140-81 <br />16 <br />
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