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2000_0724_packet
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2000_0724_packet
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5/9/2014 4:25:30 PM
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12/14/2009 1:50:37 PM
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Roseville City Council
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Council Agenda/Packets
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the event that any action or proceeding shall be brought against Lessor by reason of any claim <br />referred to in this paragraph, Tenant, upon written notice from Lessor, shall at Tenant's sole cost <br />and expense resist or defend the same through counsel selected by Lessor. <br />1 L INSURANCE. Tenant agrees to keep all of the improvements on the Property <br />and the machinery contained therein constantly insured with an insurance company or companies <br />licensed to do business in the State of Minnesota acceptable to Lessor for not less than the <br />replacement cost of the improvements. In case of damage to or destruction of the Facilities by <br />fire or other casualty, Tenant sha11 at its sole cost and expense, whether or not the insurance <br />proceeds, if any, shall be sufficient for the purpose, and irrespective of the amount of any loss, <br />restore, repair, replace, rebuild the Facilities and other improvements thereon, as nearly as <br />possible to its value, condition and character immediately prior to such damage or destruction <br />in accordance with plans approved by the Lessor. Such restoration, repairs, replacements, <br />rebuilding or alterations shall be commenced with due diligence, and in good faith, and <br />prosecuted with due diligence and in good faith, unavoidable delays excepted. All insurance <br />money paid pursuant to this Agreement on account of such damage or destruction, less the <br />actual cost, fees and expenses, if any, incurred in connection with the adjustment of the loss, <br />shall be applied to the payment of the cost of th� aforesaid demolition, restoration, repairs, <br />replacement, rebuilding, including the cost of temporary repairs for the protection of the <br />Facilities pending the completion of permanent restoration, repairs, replacements, rebuilding <br />(all of which temporary repairs, protection of property and permanent restoration, repairs, <br />replacement, rebuilding are hereinafter collectively referred to as the "Restoration"). The <br />insurance proceeds shall be paid out from time to time as such Restoration progresses by a title <br />company or other dispersing agent agreed to by the parties with normal lien waivers and other <br />5 <br />
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