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necessary to cancel and discharge this Lease and to remove Tenant named herein from the
<br />YMCA Site.
<br />19. Insurance,
<br />(a) During the period of the construction of the Phase 2 Improvements,
<br />Tenant shall require its contractor to comply with the insurance and indemnification provisions
<br />set forth in the Supplementary Conditions — Insurance and Indemnification, attached hereto
<br />as Exhibit G and incorporated herein by reference, unless modified pursuant to an agreement
<br />between City and Tenant's contractor.
<br />(b) Upon issuance of a certificate of occupancy for the New YMCA, Tenant
<br />shall, at its sole expense, obtain and keep in force during the Term, fire and extended coverage
<br />insurance (excluding earthquake insurance) for the New YMCA, naming Landlord, Lender, and
<br />such other parties as Tenant may designate, as additional insureds thereunder. Furthermore,
<br />Tenant shall, at its sole expense, obtain and keep in force during the Term general liability
<br />insurance with limits of not less than Five Million Dollars ($5,000,000) for injury to or death of
<br />any number of persons in one occurrence, and not less than One Million Dollars ($1,000,000)
<br />for damage to property, insuring against any and all liability of Tenant including, coverage for
<br />contractual liability, broad form property damage, host liquor law liability, personal injury, and
<br />non -owned automobile liability, with respect to the New YMCA or arising out of the
<br />maintenance, use or occupancy thereof, and insurance on all boilers and other pressure vessels,
<br />whether fired or unfired, located in, on, or about the YMCA Site, without exclusion for
<br />explosion, collapse and underground damage, in an amount not less than One Million Dollars
<br />($1,000,000). All such insurance shall insure the performance by Tenant of the indemnity
<br />agreement as to liability for injury to or death of persons and damage to property set forth in
<br />Section 21(b) (Indemnity). All of such insurance shall be noncontributing with any insurance
<br />which may be carried by Landlord and shall contain a provision that Landlord, although named
<br />as an insured, shall nevertheless be entitled to recover under the policy for any loss, injury or
<br />damage to Landlord, its agents and employees, or the property of such persons.
<br />(c) Upon completion of the Phase 2 Improvements in the Non -Exclusive
<br />Common Area, Landlord shall, at its sole expense, obtain and keep in force during the Term,
<br />extended coverage insurance (excluding earthquake insurance) for the Non -Exclusive Common
<br />Area, naming Tenant, Lender, and such other parties as Tenant may designate, as additional
<br />insureds thereunder. Furthermore, Landlord shall, at its sole expense, obtain and keep in force
<br />during the Term general liability insurance with limits of not less than Five Million Dollars
<br />($5,000,000) for injury to or death of any number of persons in one occurrence, and not less
<br />than One Million Dollars ($1,000,000) for damage to property, insuring against any and all
<br />liability of Landlord including, coverage for contractual liability, broad form property damage,
<br />host liquor law liability, personal injury, and non -owned automobile liability, with respect to the
<br />Non -Exclusive Common Area or arising out of the maintenance, use or occupancy thereof, and
<br />insurance on all boilers and other pressure vessels, whether fired or unfired, located in, on, or
<br />about the Non -Exclusive Common Area, without exclusion for explosion, collapse and
<br />ATTY/AGR/2019.316NMCA MASTER PROJECT AGREEMENT
<br />Page 41 of 108
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