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0 <br />($5,000,000.00) with a deductible not in excess of one Hundred <br />Thousand Dollars ($100,000.00). All such policies of insurance <br />shall be issued by solvent and responsible insurance companies <br />authorized to do business in the state of Nebraska, and all <br />such policies shall contain a waiver of the right of <br />subrogation. in addition, whenever (a) any loss, cost, damage <br />V4 or expense resulting, directly or indirectly, from fire, <br />explosion or any other casualty, accident or occurrence is <br />00 incurred by any Party, and (b) such Party is then covered in <br />whole or in part by insurance with respect to such loss, cost, <br />damage or expense, then such Party hereby releases each other <br />Party from any liability it may have on account of loss, cost, <br />damage or expense to the extent of any amount recovered by <br />reason of such insurance and hereby waives any right of <br />subrogation in excess of a deductible under such insurance not <br />in excess of $100,000.00 per occurrence which might otherwise <br />exist in or accrue to any person on account thereof. <br />ARTICLE IX <br />Condemnation <br />9.01. If all or any part of the Entire Parcel is con- <br />demned or taken by any duly constituted authority for a public <br />or quasi - public use, then that portion of the resulting award <br />attributable to the value of any land within the Common Areas so <br />taken shall be payable only to the owner thereof and no claim <br />thereto shall be made by the other owner; provided, however, <br />-20- <br />9 <br />4 <br />08/12/87:2 <br />W, <br />