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�01�o��so <br />detrimentaily affect the condition of any portion of any Lot(s), such Constructing Owner shall <br />restore the affected Lot(s), or part thereof, to its condition existing prior to commencement <br />of such Constructing Owner's construction operations, including without limitation, anyfilling <br />and compacting of all excavations, repaving of paved areas and replacement of <br />landscaping. <br />7.6.3. Casualty Coverage. Commencing as of the date any Lot Owner commences <br />construction with respect to its respective Lot(s) and thereafter for the Term of this <br />Declaration, as defined in Section 17, each Lot Owner shall carry builders risk insurance <br />and subsequen4ly property insurance on an all risk basis on its respective improvements in <br />an amount sufficient to avoid the effect of any coinsurance provisions of such policies and in <br />any event in an amount not less than the full replacement value of such improvements; <br />excluding, in each case, foundation, footing and excavation costs, with reasonable <br />deductibles, and otherwise in accordance with #he requirements set forth in this Section. <br />7.6.4. Liability Coverage. Each Lot Owner shall carry (or cause to be carried) with <br />financially responsible insurance companies meeting the standards set forth in this Section <br />and authorized to do business in the State of Nebraska, commercial general liability <br />insurance covering its legal liability in connection with claims for personal injury or death and <br />property damage incurred upon or about its Lot(s) and within any improvements constructed <br />on its Lot in accordance with the requirements of this Section. Developer and the other Lot <br />Owner shall be shown as an additional insured on each Lot Owner's commercial general <br />liability insurance for personal injury or death and property damage incurred on its Lot. <br />7.6.5. Insurance Requirements. All policies of insurance required under this Section <br />shall be issued by financially responsible insurance companies qualified to do business in <br />the State of Nebraska. Certificates of such policies shall be delivered to Developer upon <br />request for the same promptly after the request. As often as any such policy shall expire or <br />terminate, renewal or additional policies shall be procured and maintained bythe Lot Owner <br />responsible for the same in a like manner and to like extent with no lapse in coverage. All <br />public liability, property damage and other casualty policies shall be written as primary <br />policies, not contributing with or secondary to coverage which the other Lot Owners may <br />carry. In addition, such coverages shall include earthquake and flood coverage. <br />7.6.6. Indemnity. Each Lot Owner hereby agrees to indemnify, defend and hold <br />harmless Developer and all other Lot Owners from and against all claims and all costs, <br />expenses, damages and liabilities (including reasonable attorneys' fees) incurred in <br />connection with such claims, including any action or proceedings brought thereof, arising <br />from or as a result of: (i) the death of or any accident, injury, loss or damage whatsoever <br />caused to any natural person or to the property of any person as may occur on or off such <br />Lot by reason of an occurrence or condition on such Lot or the improvements which may be <br />constructed thereon, including damage to structures or automobiles; or (ii) a negligent act or <br />omission of such Lot Owner, its agents, servants, employees or contractors; excepting <br />however, in each case referred to in (i) and (ii) above, any claims death, accidents, injuries, <br />loss or damages arising from or as a result of the negligent act or omission of the Lot Owner <br />or Developer, whichever is seeking indemnification, or their agents, servants, employees or <br />contractors. <br />7.6.7. Waiver of Subrogation. Each Lot Owner hereby waives and releases (the <br />"Waiving Party") any rights the Waiving Party may have against the Developer or other Lot <br />Owners (including but not limited to a direct action for damages) on account of any loss or <br />damage suffered by the Waiving Party (whether or not such loss or damage is caused by <br />the fault, negligence or other tortious conduct, acts or omissions of the Developer or other <br />8 <br />Meadowlark Declaration <br />Lots 1 8� 2-9'" Subdivlslon <br />