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(c) All insurance required in Article V of this Agreement shall be taken out and <br />maintained in responsible insurance companies selected by the Developer or the Tenant that are <br />authorized under the laws of the State to assume the risks covered thereby. Upon request, the <br />Developer will deposit annually with the Authority policies evidencing all such insurance, or a <br />certificate or certificates or binders of the respective insurers stating that such insurance is in force <br />and effect. Unless otherwise provided in this Article V of this Agreement each policy shall contain <br />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 30 days before the cancellation or modification becomes effective. In lieu of <br />separate policies, the Developer may maintain a single policy, blanket or umbrella policies, or a <br />combination thereof, having the coverage required herein, in which event the Developer shall <br />deposit with the Authority a certificate or certificates of the respective insurers as to the amount of <br />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, regardless of whether the net proceeds of insurance received by the Developer for <br />such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of <br />such repairs, construction, and restoration shall be the property of the Developer. <br />(e) In lieu of its obligation to reconstruct the Minimum Improvements as set forth in this <br />Section, the Developer shall have the option of paying to the Authority an amount that is sufficient <br />to pay or redeem the outstanding principal on the Note, or (ii) so long as the Developer is the owner <br />of the Note, waiving its right to receive subsequent payments under the Note. <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 <br />of insurance shall, in all respects, be subject and subordinate to the rights of any lender under a <br />Mortgage with respect to the Property. <br />(The remainder of this page is intentionally left blank.) <br />16 <br />482405v6 <br />