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Agenda - 02-20-2001-9b
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Agenda - 02-20-2001-9b
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Last modified
9/2/2008 9:01:07 AM
Creation date
8/29/2008 10:28:45 AM
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BOCC
Date
2/20/2001
Document Type
Agenda
Agenda Item
9b
Document Relationships
2001 Carrboro, Chapel Hill Board of Education MOU for Smith Middle School ground lease agreement
(Linked From)
Path:
\BOCC Archives\Memorandum of Understanding\2000-2009\2001
2001 S Co Attorney - Development and Joint Use Smith Middle School Ground Lease Agreement with UNC
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2001
2001 S Co Attorney - Smith Middle School Ground Lease Agreement with UNC
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2001
2001 S Co Manager - Town of Carrboro - Development Joint Use Agreement for Smith Middle School Fields 02-20-2001 9b
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2001
Minutes - 02-20-2001
(Linked To)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2001
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F T <br />7.3 Insurance. <br />7.3.1 Tenant's Insurance. At all times during the Term of this Lease, Tenant shall carry and <br />maintain at its sole cost and expense, the following insurance in the amounts specified below or <br />such other amounts as Landlord and Tenant may from time to time agree upon, with insurance <br />companies and on forms satisfactory to Landlord and Tenant: <br />7.3.1.1 Fire and Extended Coverage Insurance. Fire and extended coverage insurance covering <br />all leasehold Improvements in the Premises and all of Tenant's merchandise, equipment, <br />trade fixtures, appliances, furniture, furnishings, and personal property from time to time, <br />on, or upon the Premises, in an amount not less than the full replacement cost without <br />deduction for depreciation from time to time during the term of this Lease, providing <br />protection against all perils included within the classification of fire, extended coverage, <br />vandalism, malicious mischief, special extended peril (all risk), boiler, flood, vandalism, <br />glass breakage, and sprinkler leakage. <br />7.3.1.2 Workmen's Co ensation Insurance. Workmen's compensation insurance insuring <br />against and satisfying Tenant's obligations and liabilities under the workmen's <br />compensation laws of North Carolina, as the same may be amended from time to time. <br />7.3.2 Forms of Policies. Original or copies of original policies and evidence of the payment of all <br />premiums of such policies shall be delivered prior to Tenant's occupancy of the Premises and <br />from time to time at least thirty (30) days prior to the expiration of the term of each such policy. <br />All such policies maintained by Tenant shall be purchased only from insurers who are licensed to <br />do business in the State of North Carolina, comply with the requirements thereof, and who carry <br />A.M. Best Company rating of "A" or "A+" and will provide that they may not be terminated or <br />amended except after thirty (30) days' prior written notice to Landlord. Notwithstanding the <br />foregoing, nothing herein shall preclude the Tenant from providing self insurance, so long as the <br />level of insurance protection required by this Agreement is maintained, and the Tenant has <br />sufficient reserves to meet its insurance obligation. <br />7.3.3 Adequacy of Cover. Landlord, its Agents and employees make no representation that the <br />limits of liability specified to be carried by Tenant pursuant to this Article VII are adequate to <br />protect Tenant. If Tenant believes that any of such insurance Coverage is inadequate, Tenant will <br />obtain, at Tenant's sole expense, such additional insurance coverage as Tenant deems adequate. <br />7.3.4 Waiver of Subrogation. To the extent they are able to do so, each of Landlord and Tenant hereby <br />releases the other from any loss or damage to property caused by fire or any other perils insured <br />through or under either by way of subrogation or otherwise for any loss or damage to property <br />caused by fire or any other perils insured in policies of insurance covering such property, even if <br />such loss or damage shall have been caused by the fault or negligence of the other party, or anyone <br />for whom such party may be responsible; provided, however, that this release shall be applicable <br />and in force and effect only with respect to the loss or damage occurring during such times as the <br />releasor's policies shall contain a clause or endorsement to the effect that any such release shall <br />not adversely affect or impair said policies or prejudice the right of the releasor to recover <br />thereunder and then only to the extent of the insurance proceeds payable under such policies. <br />Each of Landlord and Tenant agrees that it will request its insurance carriers to include in its <br />policies such a clause or endorsement. If extra cost shall be charged therefor, each party shall <br />advise the other thereof and of the amount of the extra cost, and the other party, at its election, <br />may pay the same, but shall not be obligated to do so. <br />7.4 Hold?Over. This Lease shall terminate at the end of the original term or any extensions thereof hereof <br />without the necessity of any notice from either Landlord or Tenant to terminate same and Landlord's right <br />to the Leased Premises shall be as stated in Section 2.2.1 and elsewhere herein, and Tenant hereby waives <br />notice to vacate the Leased Premises and agrees that Landlord shall be entitled to the summary recovery of
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