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1998 AGN MAR 03 I07
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1998 March 03 Agenda Packet
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1998 AGN MAR 03 I07
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FEB -23-98 iS:31 FROM:MARK PRESSMAN ASSOC 1D!41S42107SS PACE 13/15 <br />by a blanket or other general liability insurance policy maintained by Lessee. The Net proceeds of all <br />such insurance shall be applied toward extinguishment or satisfaction of the liability with respect to <br />which any Net Proceeds may be paid <br />SECTION 6.2 Property Insu ran_ce Upon receipt of possession of Equipment, Lessee <br />shall have and assume the risk of loss with respect thereto. Unless self-insurance 1s provided by <br />Lessee, as evidenced by a written certificate specifying the terms and amounts thereof delivered to <br />Lessor, Lessee shall procure and maintain continuously in effect during the period when Lessee is <br />required to make Rental Payments with respect thereto, all-risk insurance, subject only to the standard <br />exclusions contained in the policy, in such amount as will -be at least sufficient so that a claim may be <br />made for the full replacement cost of any part thereof damaged or destroyed and to pay the applicable <br />Purchase Option Price of the Equipment. Such insurance may be provided by a rider to an existing <br />policy or under a separate policy. Such insurance may be written with customary deductible amounts. <br />The Net Proceeds of insurance required by this Section shall be applied to the prompt repair, <br />restoration, modification, improvement, replacement, or purchase of the Equipment by Lessee. <br />SECTION 6.3 Workers' Compensation Insurance If required by State Iaw, and <br />unless self-insurance is provided by Lessee, as evidenced by a written certificate specifying the terms <br />and amounts thereof delivered to Lessor, Lessee shall carry worker's compensation insurance covering <br />all employees on, in, near or about each Equipment, and upon request, shall furnish to Lessor <br />certificates evidencing such coverage throughout the period when Lessee is required to make Rental <br />Payments with respect thereto. <br />SECTION 6.4 Renuirements for All Insurance All insurance policies (or riders) <br />required by this Article shall be taken out and maintained with responsible insurance companies <br />organized under the laws of one of the states of the United States and qualified to do business in the <br />State, and shall contain a provision that the insurer shall not cancel or revise coverage thereunder <br />without aivina written notice to the insured parties at least ten (10) days before the cancellation or <br />revision becomes effective. All insurance policies required by Sections 6.1 and 61 shall name Lessee <br />and Lessor as insured parties, and any insurance policy required by Section 6.3 shall name Lessee as <br />insured party_ Lessee shall deposit with Lessor policies (and riders) evidencing any such insurance <br />procured by it, or a cenificate or certificates of the respective insurers stating that such insurance is in <br />full force and effect. Before the expiration of any such policy (or rider), Lessee shall furnish to Lessor <br />evidence that the policy has been renewed or replaced by another policy conforming to the provisions <br />of the Article, unless such insurance is no Ionger obtainable in which event Lessee shall notify Lessor <br />of this fact. <br />SECTION 6.5 Lessee's Ne;iig gnce Lessee assumes all risks and liabilities, whether or <br />not covered by insurance, for loss or damage to any Equipment and for injury to or death of any <br />person or damage to any property, in any manner arising out of or incident to any possession, use, <br />operation, condition or storage of any Equipment by Lessee, whether such injury or death be with <br />respect to agents or employees of Lessee or of third parties, and whether such property damage be to <br />Lessee's property or the property of others. Lessee hereby assumes responsibility for an agrees to <br />indemnify, protect, save and keep harmless Lessor from and against any all liabilities. obligations, <br />losses, damages. penalties, claims, actions, costs and expenses (including reasonable attorney's fees) <br />of whatsoever kind and nature, imposed on, incurred by or asserted against Lessor that in any way <br />relate to or arise out of the possession, use. operation. condition or storage of any Equipment by <br />Lessee. unless caused by Lessor or its agents, to the maximum extent permitted by law. <br />
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