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<br />GMMHC has failed to complete the Improvements in accordance with the provisions of this Agreement necessary, <br />in the opinion of the City or the GMMHC to take or perfonn in order to obtain such certification. Before the <br />issuance of a Certificate of Completion, conditional or limited occupancy of the Improvements may be permitted <br />under such terms as may be specified by the City. <br /> <br />ARTICLE IV. <br /> <br />INSURANCE <br /> <br />Section 4.1. Insurance. The GMMHC will provide and maintain or cause to be provided and maintained <br />at all times during the process of constructing the Improvements and, from time to time at the request of the CITY, <br />furnish the CITY with proof of payment of premiums on: <br /> <br />(a) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an <br />amount equal to 100% of the insurable value of the Improvements at the date of completion, and with coverage <br />available in non-reporting fonn on the so-called" all risk" fonn of policy; <br /> <br />(b) Comprehensive general liability insurance (including operations, contingent liability, operations of <br />subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's <br />Policy with limits against bodily injury and property damage of not less than $1,000,000 for each OCCUlTence (to <br />accomplish the above-required limits, an umbrella excess liability policy may be used); and <br /> <br />(c) Workers' compensation insurance, with statutory coverage. <br /> <br />The policies of insurance required pursuant to clauses (a) and (b) above shall be in fonn and content <br />satisfactory to the CITY and shall be placed with fmancially sound and reputable insurers licensed to transact <br />business in Minnesota. The policy of insurance delivered pursuant to clause (a) above shall contain an agreement of <br />the insurer to give not less than thirty (30) days advance notice to the CITY in the event of cancellation of such <br />policy or change affecting the coverage thereunder. <br /> <br />Section 4.2. Modification. In order to facilitate obtaining financing for the construction of the <br />Improvements, the CITY agrees to modify this Article IV to accommodate the interests of the GMMHC and the <br />Holder of the first Mortgage; provided, however, that the CITY determines, in its reasonable judgment, that any <br />such modification will adequately protect the legitimate interests and security of the City and CITY with respect to <br />the Improvements. <br /> <br />ARTICLE V. <br /> <br />FINANCING <br /> <br />Section 5.1. Limitation upon Encumbrance of Property. Prior to the issuance of the Certificate of <br />Completion, neither the GMMHC nor any successor in interest to the Property or any part thereof shall engage in <br />any financing or any other transaction creating any Mortgage or other encumbrance or lien upon the Property, <br />whether by express agreement or operation of law, or suffer any encumbrance of lien to be made on or attached to <br />the Property other than the liens or encumbrances attached for the pruposes of obtaining funds to the extent <br />necessary for making the Improvements without the prior written approval of the CITY. The CITY shall not <br />approve any Mortgage that does not contain tenus that confonn to the tenns of this Agreement. <br /> <br />Section 5.2. Copy of Notice of Default to Lender. Whenever the CITY shall deliver any notice or <br />demand to the GMMHC with respect to any Event of Default by the GMMHC in its obligations or covenants under <br /> <br />4 <br />