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least thirty (30) days in advance of the effective date of any such material change, cancellation or <br />termination. Coverage provided hereunder by the Developer shall be primary insurance and not <br />be contributing with any insurance maintained by the City, and the policy shall contain such an <br />endorsement. Certificates of insurance for the above policies (and/or original policies, if <br />required by City) shall be delivered within ten (10) days after demand therefore, and prior to start <br />of any rehabilitation work. No less than thirty (30) days prior to the expiration of each policy, <br />Developer shall deliver to City evidence of renewal or replacement of such policy reasonably <br />satisfactory to City Attorney. <br />906.1 City Attorney May Modify. The City Attorney may modify the type <br />and amounts of insurance required pursuant to this Section. <br />906.2 Claims and Proceedings. Developer shall give City immediate notice <br />of any material casualty to any portion of the Property, whether or not covered by insurance, and <br />of the initiation or threatened initiation of any proceeding for the condemnation or other taking <br />for public or quasi -public use of any portion of the Property (collectively, "Condemnation"), and <br />shall provide City with copies of all documents which pertain to any such casualty or <br />Condemnation. Developer shall take all action reasonably required by City in connection <br />therewith to protect the interests of Developer and/or City, and City shall be entitled (without <br />regard to the adequacy of its security) to participate in any action, claim, adjustment or <br />proceeding and to be represented therein by counsel of its choice. Developer shall not settle, <br />adjust, or compromise any claim, action, adjustment or proceeding without prior written <br />approval, which approval shall not be unreasonably withheld or delayed. <br />906.3 Delivery of Proceeds to City. In the event that, notwithstanding <br />the "lender's loss payable endorsement" requirement set forth above, the proceeds of any casualty <br />insurance policy described herein are paid to Developer, Developer shall, subject to any superior <br />rights of the Senior Lender, deliver such proceeds to the City immediately upon receipt. <br />906.4 Application of Casualty Insurance Proceeds. Any proceeds <br />collected (the "Proceeds") under any casualty insurance policy described in this Agreement shall <br />be disbursed to Developer as provided below, but only upon fulfillment of each of the following <br />conditions (the "Restoration Conditions") within ninety (90) days (unless extended by mutual <br />agreement of Developer and City) following the occurrence of the damage for which the <br />Proceeds are collected: <br />(a) Developer shall demonstrate to City's reasonable satisfaction that <br />the Proceeds (together with amounts deposited by Developer pursuant to subparagraph (b)) will <br />be adequate to repair the Improvements and to restore the fair market value of the Property, <br />within a time period reasonably determined by City, to at least the value it had immediately prior <br />to sustaining the damage. Such demonstration shall include delivery to City of (i) plans and <br />specifications reasonably satisfactory to City, and (ii) a rehabilitation contract in form and <br />content, and with a contractor, reasonably satisfactory to City. <br />(b) To the extent that the Proceeds are insufficient to accomplish the <br />19 <br />