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200412247
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Last modified
10/17/2011 12:26:38 AM
Creation date
10/21/2005 6:47:15 AM
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DEEDS
Inst Number
200412247
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200412247 <br />,;iencv ,hall not reiieve the C1[v of the resnoncihiliry for navTrtent of [he basic rent and additional <br />rent provided herein. <br />l LI.aBILITY INSURANCE. Until the expiration of the term of this Agreement <br />or until the termination of the management contract with Heartland, whichever occurs earlier, <br />Heartland shall at its own expense maintain comprehensive general liability insurance on the <br />Project in amounts not less than 51,000.000.00 for bodily injury and property damage for each <br />occurrence, with an annual aggregate limitation of not less than 52,000,000.00. Further, <br />Heartland shall maintain until the expiration of the term of this Agreement or until the termina- <br />[ion of the management contract with Heartland, whichever occurs earlier, umbrella liability <br />insurance on the Project and the operation thereof in amounts of not less than S1,000,000.00 for <br />bodily injury and property damage for each occurrence and with an annual aggregate limitation <br />of not less than 52,000,000.00. <br />Until the expiration of the term of this Agreement or until the termination of the manage- <br />ment contract with Heartland, whichever is earlier, Heartland shall at its own expense provide all <br />statutory workers compensation insurance as well as employers liability insurance for claims <br />against injury, disease or death of employees, which for any reason, may not fall within the pro- <br />visions of workers compensation law in amounts not less than 5100.000.00 for each person, <br />S 1 00,000.00 per disease and with an annual aggregate policy limit of not less than S500,000.00. <br />13. WARRANTIES OF PARTIES. The City and Heartland mutually covenant and <br />agree that the parties have made no warranties with respect to the Project or as to its suitability or <br />usefulness for purposes associated with the Project and neither party shall be liable for any <br />defects in the Project. During and upon completion of construction of the Project, the parties by <br />their respective officers, employees, representatives, contractors or agents may inspect the Pro- <br />ject during usual business hours for such purposes as may be reasonably necessary for the pro- <br />tection of such party's separate interests in the Project. <br />19. USES TO CONFORM TO LAW. During the term of this Agreement, the par- <br />ties shall promptly comply with all valid statutes, laws, ordinances, regulations, rules, orders, <br />judgments and requirements of all federal, state, local and other governmental authorities, now or <br />hereafter applicable to the Project as to the manner of use or condition of the Project. In the <br />event compliance with any of the foregoing requires additions, improvements and/or modifica- <br />tions to the Project, Heartland agrees to plan, design and construct such additions, modifications <br />and/or improvements and the City agrees to reimburse Heartland as additional rent for direct <br />expenses of the Project including engineers, architects, contractors, supplies and materials but <br />not the cost of services provided by Heartland officers and employees. <br />20. CHOICE OF LAWS. This Agreement and any related document in furtherance <br />of this Agreement shall be governed by the laws of the United States and the State of Nebraska <br />and the ordinances of the City of Grand Island, provided that no ordinance ofihP ('itv of (;rand <br />Wind shall limit. abridge or abate in any way the City's obligation to pay basic rent and addi- <br />tional rent in accordance with the terms of this Agreement. <br />14 <br />
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