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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 />equipment, furniture, fixtures, signs, and any other personal property located on or used <br />in connection with Leased Premises ("Other Taxes"). <br /> <br />4.6 Lessor's Rigbt to Pay. If Lessee fails to pay when due any Impositions, utility charges <br />or Other Taxes as required in this Article 4, Lessor shall have the right, without the same <br />being deemed to waive or cure such default by Lessee, to pay the same, in which case <br />Lessee shall promptly, on demand, reimburse all such amounts to Lessor, together with <br />interest thereon at the rate of ten percent (10%) per annum from the date paid by Lessor <br />until reimbursed by Lessee. <br /> <br />ARTICLE 5 <br /> <br />INSURANCE <br /> <br />5.1 Building Insurance. During the Lease Term, Lessee shall at its sole cost and expense <br />maintain on all buildings, facilities and improvements on the Leased Premises or any <br />replacements or substitutions therefore a policy or policies of Property Insurance issued <br />by a "Commercial Insurer" (as hereinafter defined in Section 5.2), which provides <br />standard Fire and "Extended Coverage" or "All Risk" coverage and, during construction <br />periods, Builders Risk (it being understood and agreed that such policy or policies may <br />exclude the perils of flood and/or earthquake) as per ISO standard forms, or the <br />substantial equivalent of such standard forms, to the extent of the full replacement value <br />of such Leased Premises Facilities. Without limitation of the foregoing, it is specifically <br />understood and agreed that the insurance required pursuant to this Section 5.1 shall be <br />maintained during the initial construction of the Leased Premises Facilities and during <br />any material improvement work to the Leased Premises Facilities thereafter made by or <br />on behalf of Lessee, including any damage or loss to Lessor's adjoining property. The <br />insurance policy or policies required pursuant to this Section 5.1 shall have a deductible <br />and/or retention amount not greater than $100,000 per occurrence <br /> <br />5.2 Commercial Insurer. As used herein, the term "Commercial Insurer" shall mean, unless <br />Lessor and Lessee mutually agree otherwise, an insurer licensed by and admitted to do <br />business in the State of California and having an A.M. Best rating of at least A-:VII (or <br />the substantial equivalent of such A.M. Best rating by another similarly reputable <br />property and casualty insurance company rating firm, should A.M. Best no longer be in <br />existence or perform property and casualty insurance company ratings). <br /> <br />5.3 Liability Insurance. During the Lease Term, Lessee shall at its sole cost and expense <br />maintain a policy or policies issued by a Commercial Insurer (the "Liability Insurance <br />Coverage") which provides commercial general liability and property damage insurance <br />and commercial truck/automobile insurance as per ISO standard forms, or the substantial <br />equivalent of such standard forms, with limits of not less than (i) $2,000,000 per person <br />and $5,000,000 per occurrence as respects bodily injury or death and (ii) $2,000,000 per <br />occurrence as respects property damage. <br /> <br />8 <br />
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