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99106377
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Last modified
3/13/2012 6:13:58 PM
Creation date
10/20/2005 11:47:46 PM
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DEEDS
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99106377
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99 1f� � 3'�"'� <br /> occurrence. The Maintenance Director shall furnish Allen and Albertson's with certificates <br /> evidencing such insurance. The policies of such insurance shall provide that the insurance <br /> represented by such certificates shall not be cancelled, materially changed or nonrenewed <br /> without the giving of thirty (30) days prior written notice to the holders of such insurance and the <br /> holders of such certificates. <br /> 2.3 Anything in this Article 2 to the contrary notwithstanding, the <br /> Maintenance Director shall not be responsible for the maintenance or insurance of any Service <br /> Facilities (as defined in the Declaration), including payment for utilities used in the operation of <br /> such Service Facilities, or for driveup or drive through customer service facilities, which <br /> facilities shall be maintained and paid for by the Owners ther�of in good and clean condition and <br /> repair and in a quality and condition comparable to the quality and condition of the maintenance <br /> of the balance of the Common Area. In addition, the Owners of the Parcel(s) on which said <br /> facilities are located shall at all times (a) provide and maintain or cause to be provided and <br /> maintained commercial general liability insurance with broad form coverage endorsement <br /> (including broad form property damage endorsement) insuring all persons who now or hereafter <br /> own or hold portions of said facilities or any leasehold estate or other interest therein as their <br /> respective interests may appear against claims for personal injury, bodily injury or death or <br /> property damage or destruction occurring in, on or about said facilities, and (b) indemnify, <br /> defend and hold harmless the Owners and occupants of all other Parcels from and against any <br /> and all liability, claims, damages, expenses (including reasonable attorney's fees and reasonable <br /> attorney's fees on any appeal),judgments, proceedings and causes of action, for injury to or death <br /> of any person or damage to or destruction of any property occurring in, on or about said facilities <br /> and arising out of the performance or nonperformance of any of the obligations of the Owners of <br /> the Parcel(s) on which said facilities are located set forth in this Section 2.3, unless caused by the <br /> negligent or willful act or omission of the indemnified person, its agents, contractors or <br /> employees. Said insurance shall be written with an insurer licensed to do business in Nebraska <br /> and in the amounts set forth in Section 2.2 above. The Owners of any such Parcel(s) shall <br /> furnish the Maintenance Director and any Consenting Owner with certificates evidencing such <br /> insurance upon request. The insurance which an Owner is required to maintain hereunder may <br /> be provided under a blanket policy provided such policy otherwise complies with the <br /> requirements of this CAMA. So long as an Owner has a net worth, determined in accordance <br /> with generally accepted accounting principles, in excess of $100,000,000.00, all or any part of <br /> such insurance carried by such Owner may be provided under a program of self-insurance. <br /> 2.4 The Maintenance Director agrees to indemnify, defend and hold harmless <br /> the Owners and occupants of all buildings or Parcels from and against any and all liability, <br /> claims, damages, expenses (including reasonable attorney's fees and reasonable attorney's fees on <br /> 4 <br />
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