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BOWERS MUSEUM - 2005 GROUND LEASE
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BOWERS MUSEUM - 2005 GROUND LEASE
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Last modified
9/11/2024 4:23:45 PM
Creation date
12/30/2005 4:59:12 PM
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Contracts
Company Name
Bowers, Charles W. Museum Corporation
Contract #
A-2005-258
Council Approval Date
9/6/2005
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<br />5.4 Contractors and Subcontractors. Any person who either (i) is a construction contractor <br />of Lessee doing construction work on the Leased Premises, or (ii) does other work at the <br />Leased Premises pursuant to the terms of a contract providing for payments of at least <br />$500,000 per year (the "Required Insurance Contract Amount"), shall likewise maintain <br />such insurance coverage. Said insurance policy(ies) shall include Lessor as an additional <br />insured. <br /> <br />5.5 Reserved. <br /> <br />5.6 Reserved. <br /> <br />5.7 Requirements Related to Insurance Policies. <br /> <br />5.7.1 All insurance policies as required pursuant to this Article 5 shall be primary and <br />non-contributory. Each such policy may be issued on either an occurrence or a <br />claims-made basis. In the event of a cancellation, termination or non-renewal of <br />any such policy that is written on a claims-made basis, Lessee shall, no later than <br />thirty (30) days from the effective date of the same (the "Coverage Termination <br />Date"), provide to Lessor either (i) evidence reasonably acceptable to Lessor that <br />Lessee has acquired extended reporting period ("tail") coverage, (ii) evidence <br />reasonably acceptable to Lessor that Lessee has obtained a new insurance policy <br />issued by a Commercial Insurer (which policy shall comply with the requirements <br />of this Article 5) with a retroactive effective date that is at least five (5) years <br />prior to the Coverage Termination Date. <br /> <br />5.7.2 Lessee shall provide Lessor with copies of (i) the certificate(s) of insurance <br />evidencing such policies, and (ii) endorsements including Lessor and/or Named <br />Lessor Affiliates as additional insureds to the extent required pursuant to this <br />Article 5. Lessee hereby represents and warrants that each broker issuing any <br />certificate of coverage provided to Lessor shall have authority to bind the <br />insurance coverage on behalf of Lessee as set forth in such certificate. <br /> <br />5.7.3 The certificate of insurance for each policy of insurance required under this Article <br />5 that is issued by a Commercial Insurer and written on a controlled (or regulated) <br />policy form (each a "Commercial Policy") shall provide that Lessor will be given <br />at least thirty (30) days prior written notice by either the insurance carrier or a <br />broker with authority to bind coverage on behalf of Lessee with the insurance <br />carrier, of any cancellation, termination or non-renewal. <br /> <br />5.8 Reserved. <br /> <br />5.9 Indemnity. Lessee agrees to defend, hold harmless, and indemnifY Lessor from any legal <br />liability, including reasonable attorneys' fees, in respect to bodily injury, death, and/or <br />property damage arising from the negligent acts or omissions of Lessee, and its <br />governors, officers, directors, employees, agents and volunteers in the performance of <br />Lessee's obligations as Lessee under the terms and conditions of, and during the term of, <br />this Lease. However, in no event shall Lessee be obligated to defend, indemnifY and hold <br />harmless Lessor to the extent any such bodily injury, death and/or property damage is <br /> <br />9 <br />
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