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200501143
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Last modified
10/17/2011 1:58:10 AM
Creation date
10/18/2005 3:12:15 PM
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DEEDS
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200501143
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200501143 <br />percent (100 %) of full replacement cost thereof (excluding footings, foundations or <br />excavations). At a minimum, the insurance coverage required by this Section 10.3(a) shall <br />extend to loss or damage by fire, windstorm, cyclone, tornado, hail, explosion, riot, riot <br />attending a strike, civil commotion, malicious mischief, vandalism, aircraft, vehicle, smoke <br />damage and sprinkler leakage. <br />(b) Each Party (the "Releasing Party ") hereby releases and waives for itself, and <br />each Person claiming by, through or under it, each other Party (the "Released Party ") from <br />any liability for any loss or damage to all property of such Releasing Party located upon any <br />portion of the Shopping Center, which loss or damage is of the type generally covered by <br />the insurance required to be maintained under Section 10.3(a), irrespective either of any <br />negligence on the part of the Released Party which may have contributed to or caused such <br />loss, or of the amount of such insurance required to be carried or actually carried, including <br />any deductible or self insurance reserve. Each Party shall use its reasonable efforts to <br />obtain, if needed, appropriate endorsements to its policies of insurance with respect to the <br />foregoing release; provided, however, that failure to obtain such endorsements shall not <br />affect the release hereinabove given. <br />(c) To the full extent permitted by law, each Party ( "Indemnitor ") shall Indemnify <br />each other Party ( "Indemnitee ") from and against all Claims asserted by or through any <br />Permittees of the Indemnitor's Tract for any loss or damage to the property of such <br />Permittee located upon the Indemnitor's Tract, which loss or damage is of the type <br />generally covered by the insurance required to be maintained under Section 10.3(a), <br />irrespective of any negligence on the part of the Indemnitee which may have contributed <br />to or caused such loss. <br />10.4 Insurance Policy Requirements. <br />(a) All insurance coverage required by this Article 10 shall be provided under <br />one or more of the following: <br />(i) an individual policy covering this location; <br />(ii) a blanket policy which includes other liabilities, properties and <br />locations of such Person; provided, however, that if a blanket commercial general <br />liability insurance policy contains a general policy aggregate of less than Twenty <br />Millions Dollars ($20,000,000) in Constant Dollars, then the insuring Person shall <br />also maintain excess liability coverage necessary to establish a total liability <br />insurance limit of Twenty Million Dollars ($20,000,000) in Constant Dollars; <br />(iii) a plan of self- insurance, provided that any Person so self- insuring <br />notifies the other Parties of its intent to self- insure and shall upon request deliver to <br />such other Parties each calendar year a copy of its annual report or Form 10 -K that <br />is audited by an independent certified public accountant which discloses that such <br />Person has One Hundred Million Dollars ($100,000,000) in Constant Dollars or <br />more of net current assets; <br />GALEGAL \STORES \NE \GRAND ISLAND\OEA4.WPD <br />11/16/04 31 <br />
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