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96-043 Resolution
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96-043 Resolution
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1/28/2014 10:10:44 AM
Creation date
1/17/2014 10:33:10 AM
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North Olmsted Legislation
Legislation Number
96-043
Legislation Date
4/3/1996
Year
1996
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<br />s:tuated, by i.ieans ,)f polIcies issued by reputabic insurance companies duty Qualified to do such <br />business in the: State of 0!'io. <br />Sectioi-i 5.4. The Barrower agrees that it wilI provide throu rh self-insurance or obtain public <br />Gability insur,ace with reference to the Project Facilities in minimum act:.ounts of $500,000 for the <br />deaih of or p-.rson2.l injtuy to one person and $I,000,400 for personal injury or death for each <br />occurrence in connuxtion with the Project Facilities and $500,000 far groperty damage for any <br />occurrence in,.-onnec:ion with the Project Facilities. The Director and the OWDA, on behalf of the <br />WPCLF shall)e mai.le an additiortal insured under such policies. <br />Section. S:S. '.Chroughout the Contract Period af Years, the Borrower shatI maintain Worker's <br />Compensatiott Covc: •age or cause the same to be maintained. <br />Seetiol 5.6. .:1ny insurance policy issued pursuant ta Section 5.4. hereof sha11 be so writte-.1 <br />or endorsed ;:s to niake losses, if any, payable to the State on behalf of the WPCLF, and th.e <br />Borrower as tt-ieir re:;pective interes?s may appear. Each insurance policy provided for in Sections <br />5 3. and 5.4. hereof shall contain aprovision to the effect that the insurance company shall not <br />c,zncet the samz. withe ut first giving written notice thereof to the St.ato and the Borrower at least ten <br />days in advxt-ice o!' such canceliation. The Bonower shall deliver certificates of insurancti <br />evidencing thc: cover-tge reauired herein to the State. <br />Sectio!i 5.1. ;;'he ne: proceeds af the insurance carried purstiant to rhe provisions of Sections <br />5.3. and 5,4, k;.-reof :hall be applied as follows: <br />(a) T;-e net proceeds of the insurance required in Section 5.3. -hereof shatl be applied as <br />provided in 5e-,;tion 5.9. hereof, and <br />(b) Th: net pF oceeds ofthe insurance required in Section 5.4. hereof shal) be applied toward <br />extinguishmer., or satisfaction of the liability with respect to which such insuranee proceeds may <br />be paid. <br />Sectio:i 5.8. In the event *e Borrower shall fail to maintain th: full insurance coverage <br />required by thi? 3 Agr(.ement or shall fail to keep the Project Facilities in good repair and operating <br />condition, or :;)atl fa'1 ta o2erate the Froject Facilities in accordance wit:1 Section 5.2, hereo? the <br />OtiVDA may (E-lit shall be under no ob'igation to) take out the required policies of insurance $nd pay <br />the premiums of the ;ame or may mak:e svch repairs or replacements as are aecessary oc may ture <br />the necessary c;perati;ig personnel to insure compliance with Section 5.2. and provide for payment <br />thereof; and al' amot ?nts so advanced therefor by the OWDA sh11I become a separate obiigation, <br />apart from this Agree ment, of the Borrower to the OW17A, which amounts, together with interest <br />therefln at a rat:: equal to three percent (3%) above the Contract Interest Rate from the date thereo? <br />thc Borrower agrees ?:o pay. <br />Section 5.9. Ii"prior to the completion of the Contract Period of Years the Project Facitities <br />shal) be damagc:d or f artialIy or totally destroyed by fire, flood, windstorm or other casualty, there <br />13
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