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Agmt04 cinema - closing docs
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Agmt04 cinema - closing docs
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Last modified
7/5/2005 2:27:38 PM
Creation date
12/6/2004 9:14:09 AM
Metadata
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Template:
Agreement
Contractor Name
numerous files
PROJECT NAME
Cinema - closing documents from escrow
RMP File Number
100 bin 24
Date
11/29/2004
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<br /> of extension or replacement of insurance shall be delivered to Landlord or Tenant, as tIle case <br /> may be, at least thirty (30) days prior to the expiration of any policy. <br /> Section 7.3 Alternate Insurance. <br /> (a) Use of Blanket Policy. NQtwithstanding anything to the contrary <br /> hereinabove contained, Landlord or Tenant may, at its option, include any of the <br /> insurance coverage hereinabove set forth in general or blanket policies of insurance <br /> provided that the coverage afforded will not be reduced or diminished by reason of the <br /> use of such general or blanket policies and may be effected by any combination of basic, <br /> excess or umbrella coverage. <br /> (b) Self-Insurance. During any period in which Tenant maintains a <br /> "i, independent consolidated entity net worth of at least Fifty Million Dollars <br /> ($50,000,000.00) (subject to increase by the CPI Adjustment every tenth (1 Oth) , <br /> Anniversary of the Commencement Date), any insurance required to be provided by <br /> Tenant may be provided in a formal plan of self insurance, subject to the prior written <br /> approval of Landlord, which shall not be unreasonably withheld nor delayed. Tenant's <br /> net worth shall be calculated in accordance with generally accepted accounting <br /> ! principles. This Section 7.3(b) shall not apply to customary "dcductible" limits, which <br /> shall be subject to Section 7 A( c ). <br /> Section 7.4 Additional Insurance Provisions. <br /> (a) All insurance provided for in this Article 7 shall be effected under <br /> standard form policies issued by insurers of recognized responsibility authorized to do <br /> business in the state in which the Premises are located. <br /> (b) Upon written request, either party may request the other to name it as <br /> additional insured under any liability policies maintained hereunder to the extent <br /> permissible under the policy. Without limiting the foregoing, Landlord and any mortgage <br /> lender of whom Tenant is notified in writing shall be named as additional insureds on the <br /> policies of insurance maintained by Tenant under Section 7.l(a)(1 ). Tenant shall be <br /> named as an additional insured on the policies of insurance maintained by Landlord <br /> under Section 7. I (b)(l). <br /> (c) To the extent any deductible is permitted or allowed as a part of any <br /> insurance policy carried by Landlord or Tenant, such party shall be deemed to be <br /> covering the amount thereof under an informal plan of self insurance; provided that <br /> neither party shall be permitted to obtain any insurance required of it hereunder with a <br /> deductible of greater than One Hundred Thousand Dollars ($100,000.00), without the <br /> prior written consent of the other. <br /> (d) All policies shall be written by insurance companies having a Best's rating <br /> of "A-VII" or better, and such insurance companies shall acknowledge and confirm, by <br /> " <br /> 32 <br /> CHG02:3091375.v8 <br /> . _.^.. ...- <br />
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