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200501143 ARTICLE 10 INSURANCE 10.1 Commercial General Liability Insurance. (a) Each Party (as to its Tract only) shall maintain or cause to be maintained in full force and effect commercial general liability insurance with a combined single limit of liability of not less than Five Million Dollars ($5,000,000.00) in Constant Dollars for bodily injury, personal injury and property damage arising out of any one occurrence; the other Parties shall be "additional insureds" under such policy as it applies to the insuring Party's Tract. (b) Each Party shall Indemnify each other Party from and against all Claims asserted or incurred in connection with or arising from or as a result of the death of or injury to any Person or loss or damage to the property of any Person which shall occur on the Tract owned by the indemnifying Party, except to the extent such claims are caused by the negligence or the willful act or omission of the indemnified Person or its agents or employees. 10.2 Insurance During Construction. (a) Prior to commencing any construction activities within the Shopping Center, each Party shall obtain or require its contractor to obtain and thereafter maintain so long as such construction activity is occurring, at least the minimum insurance coverages in Constant Dollars set forth below: (i) Workers' compensation and employer's liability insurance: (A) Worker's compensation insurance as required by any applicable law or regulation. (B) Employer's liability insurance in the amount of $300,000 each accident for bodily injury, $500,000 policy limit for bodily injury by disease and $300,000 each employee for bodily injury by disease. (ii) Commercial general liability insurance covering all operations by or on behalf of the contractor, which shall include the following minimum limits of liability and coverages: (A) Required coverages: (1) Premises and Operations; (2) Products and Completed Operations; (3) Contractual Liability, insuring the indemnity obligations assumed by the contractor under the contract documents; G: \LEGAL \STORES \NE \GRAND ISLAND \0EA4.WPD 11/16/04 29