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RecDoc 2016-063770 City Center Plaza
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RecDoc 2016-063770 City Center Plaza
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Last modified
8/11/2016 3:50:29 PM
Creation date
8/11/2016 3:46:39 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Assignment, Assumption and Modification Agreement
Doc Num
2016-063770
Rec Date
6/30/2016
APN
053-400-030-2
Address
City Center Plaza
Parties
Mezes Court Associates, A CA Limited Partnership,
Reso Ref
15455
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shall responsible for submitting and pursuing a claim with the insurance carrier and shall be <br /> responsible for any applicable deductibles for such claim. Insurance proceeds from such covered <br /> claims shall be provided to the Owner of the Parcel where the damage occurred as determined by <br /> the insurance carrier. <br /> (b) If the damage from an occurrence covered by the All Risk <br /> Property Insurance Policy and Pollution Liability Policy occurs to Improvements on both the <br /> Commercial Parcel and Residential Parcel, then the Parties will coordinate the submission and <br /> pursuit of a claim with the insurance carrier. The costs of the deductible for such claim shall be <br /> shared by the Owners in proportion to the amount of covered damage occurring on their <br /> particular Parcel. Insurance proceeds from such covered claims shall be provided to the Owner <br /> of the Parcel where damage occurred as determined by the insurance carrier. <br /> 8.2 Liability Insurance. Each party Shall carry comprehensive general <br /> liability with blanket contractual endorsement with a combined single limit of not less than <br /> $1 ,000,000 per occurrence, for personal and bodily injury, death and property damage occurring <br /> on or around their respective Parcels or arising from the activities conducted thereon. Each such <br /> liability policy shall include contractual liability coverage." <br /> 6. Section 8. 10 of Article 8 is hereby amended in its entirety to read as follows: <br /> "8. 10 Arbitration of Disputes. Any dispute regarding the insurance coverage <br /> required by this Article 8 shall be determined by arbitration under Article 11 hereof. The <br /> arbitrators shall have at least five (5) years experience in either placing or evaluating insurance <br /> of the nature at issue for multifamily residential and/or commercial facilities, as may be <br /> appropriate to the dispute." <br /> 7. All terms of the REA, unless amended, modified or supplemented herein by this <br /> Amendment remain unchanged and in full force and effect. All terms used herein, but not herein <br /> defined, shall have the meaning ascribed to such terms in the REA. Any conflict ambiguity, or <br /> difference between the terms of this Amendment and the terms of the REA and any other prior <br /> amendment thereto shall be determined, resolved, and controlled by the terms of this <br /> Amendment. <br /> 7 <br />
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