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8/20/2014 2:16:44 PM
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8/20/2014 2:13:17 PM
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Parks and Open Space
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limit coverage of not less than one million dollars ($1,000,000.). The policy shall <br />maintain cross liability endorsements and shall insure performance by The Science <br />Factory of the indemnity provisions of this Agreement. The limits of said insurance <br />shall not, however, limit the liability of The Science Factory hereunder. Said <br />insurance shall have a Landlord's Protective Liability endorsement attached thereto. <br />13.2 Property Insurance. At all times during the term of this Lease, The Science Factory <br />shall procure, pay for and maintain in effect policies of all risk casualty insurance <br />covering (i) all improvements on the Land, and (ii) all trade fixtures, merchandise <br />and other personal property from time to time, in on or about the Land or Building, <br />in an amount not less than one hundred percent (100 %) of their actual replacement <br />costs from time to time, providing protection against any peril included with the <br />classification "Fire and Extended Coverage" together with insurance against sprinkler <br />damage, vandalism and malicious mischief. The proceeds of such insurance shall be <br />used for the repair and or replacement of the property so insured to the extent <br />provided in Section 12, above. Upon termination of this Lease following a casualty <br />as set forth herein, City shall be paid the proceeds under clause (i), above, less the <br />depreciated cost of improvements to the Building made by The Science Factory, and <br />The Science Factory shall be paid the depreciated cost of the Building improvements <br />made by The Science Factory out of the proceeds under clause (i), above, together <br />with the proceeds under clause (ii), above. The Science Factory shall pay for any <br />increase in the casualty insurance. <br />13.3 Policy Requirements. The Science Factory shall provide City at least thirty (30) <br />days prior written notice of any material change, non - renewal or cancellation of any <br />insurance policies required by this Lease. <br />14. Hazardous Materials. <br />14.1 Definition of Hazardous Materials: As used herein, the term "hazardous materials" <br />shall mean any materials that, because of their quantity, concentration or physical, <br />chemical, or infectious characteristics, may cause or pose a present or potential. <br />hazard to human health or the environment when improperly used, stored, disposed <br />of, transported, or otherwise handled. This term includes, but is not limited to, <br />petroleum, including crude oil, including any fraction thereof that is a liquid at <br />standard conditions of temperature and pressure (60 ' Fahrenheit and 14.71 lbs. per <br />square inch absolute), or any hazardous or toxic substance regulated under the <br />Resource Conservation and Recovery Act, the Comprehensive Environment <br />Response Compensation and Liability Act, or any other state, federal or local laws <br />relating to the protection of human health or the environment. <br />14.2 Use of Hazardous Materials. The Science Factory shall not cause or permit any <br />hazardous materials to be brought upon, kept, used, disposed of or otherwise released <br />in or about the Land or Building. Notwithstanding any provision to the contrary, The <br />Science Factory shall indemnify City against any damage or harm caused by The <br />Science Factory's use, storage, disposal or other release of hazardous materials in, <br />GROUND LEASE - 7 Exhibit B - Page 7 of 12 <br />
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