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99110984
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Last modified
3/13/2012 8:04:44 PM
Creation date
10/21/2005 1:24:19 AM
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DEEDS
Inst Number
99110984
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99 110984 <br /> The Company may, not more often than once every two years, require that the policy limits <br /> be increased to reflect any decrease in the value of the dollar or increase in risk. <br /> (c) Indemnification. The Outlot Owner will indemnify each owner or <br /> tenant of any portion of the Shopping Center and save them harmless from and against <br /> any and all claims, actions, damages, liability and expenses in connection with loss of life, <br /> personal injury or damage to property or any of them arising out of, pertaining to or <br /> involving, wholly or in part: any act or omission of the Outlot Owner or its tenant, <br /> subtenants, agents, contractors or employees; an occurrence in the Building or on the <br /> Outlot; or Outlot Owner's use, maintenance or occupancy of the Outlot. <br /> (d) Proof of Insurance. All such insurance provided for in the preceding <br /> sections shall be effected under valid and enforceable policies issued by insurers of : <br /> recognized responsibility, licensed to do business in the State of Nebraska. Certificates <br /> of such insurance shall be delivered to the Company upon issuance thereof, and thereafter <br /> not less than fifteen days prior to the expiration date of the expiring policies. Any policy : <br /> required by this Section shall provide that such policy shall not be canceled or materially <br /> amended without at least thirty days prior written notice to the Company. If the Outlot <br /> Owner fails to obtain insurance as required in this Agreement within ten days of receipt of <br /> notice from the Company, the Company may, but shall not be obligated to, purchase the : <br /> insurance on behalf of the Outlot Owner. If the Outlot Owner shall not pay to the Company : <br /> all of the costs incurred by the Company to obtain such insurance within fifteen days of : <br /> receipt of a statement therefor, the Company shall have a lien on the Outlot in the amount : <br /> of the statement, which amount shall bear interest at the rate of eighteen percent (18%) : <br /> per year, or the highest rate permitted by law, whichever is lower, until paid. The lien, if <br /> any, shall be filed and enforced and have priority in accordance with Article V hereof. <br /> (e) Obligation of the Outlot Owner in Event of CasualtX. In the event of : <br /> destruction or damage from fire or any casualty to the Buildings or any other structures or : <br /> improvements on the Outlot, the Outlot Owner shall promptly, but in no event not later than : <br /> one year from the date of such destruction or damage, either: (a) rebuild and repair the : <br /> same to at least substantially the same size and as good as condition as such was in : <br /> immediately preceding such fire or casualty; or (b) at its own expense, raze the : <br /> improvements, and pave, stripe, light and maintain the land for use as part of the Common <br /> Areas of the Shopping Center, in which event the owners, occupants, customers and : <br /> employees of the Shopping Center shall have and are hereby granted by Outlot Owner a <br /> non-exclusive easement for ingress, egress and parking over and upon the Outlot; <br /> however, nofinrithstanding the foregoing, the Outlot Owner shall have the right at any time <br /> to re-construct a building and improvements on the Outlot subject to the terms of this <br /> Agreement and upon commencing such construction, the nonexclusive easement for <br /> ingress, egress and parking over and upon razed portion of the Outlot as set forth in this <br /> Article II(e)(b) shall cease until such time as the razed portion of Outlot is vacant again. <br /> 4 <br /> _ 1 <br />
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