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Article VII <br />MISCELLANEOUS <br />Section 7.01 Insurance. The Public Entity shall, upon acquisition of the ownership <br />interest delineated in Section 2.02, insure the Facility, if such exists, in an amount equal to the <br />full insurable value thereof by either (i) self insuring under a program of self insurance legally <br />adopted, maintained and adequately funded by the Public Entity or (ii) by way of builders risk <br />insurance and fire and extended coverage insurance with a deductible in an amount acceptable to <br />the State Entity, under which the State Entity in named as loss payee. If damages which are <br />covered by such required insurance occur, then the Public Entity shall, at its sole option and <br />discretion, either; (i) use or cause the insurance proceeds to be used to fully or partially repair <br />such damage and to provide or cause to be provided whatever additional funds that may be <br />needed to fully or partially repair such damage, or (ii) sell its interest in the damaged Facility and <br />portion of the Real Property associated therewith in accordance with the provisions contained in <br />Section 4.01. <br />If the Public Entity elects to only partially repair such damage, then the portion of the <br />insurance proceeds not used for such repair shall be applied in accordance with the provisions <br />contained in Section 4.02 as if the Public Entity's interest in the Real Property and Facility had <br />been sold, and such amounts shall be credited against the amounts due and owing under Section <br />4.02 upon the ultimate sale of the Public Entity's interest in the Real Property and Facility. If the <br />Public Entity elects to sell its interest in the damaged Facility and portion of the Real Property <br />associated therewith, then such sale must occur within a reasonable time period from the date the <br />damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such <br />sale must be applied in accordance with the provisions contained in Section 4.02, with the <br />insurance proceeds being so applied within a reasonable time period from the date they are <br />received by the Public Entity. <br />The State Entity agrees to and will assign or pay over to the Public Entity all insurance <br />proceeds it receives so that the Public Entity can comply with the requirements that this Section <br />imposes thereon as to the use of such insurance proceeds. <br />If the Public Entity elects to maintain general comprehensive liability insurance regarding <br />the Real Property and, if applicable, Facility, then the Public Entity shall have the State Entity <br />named as an additional named insured therein. <br />At the written request of either the State Entity or the Commissioner, the Public Entity <br />shall promptly furnish to the requesting entity all written notices and all paid premium receipts <br />received by the Public Entity regarding the required insurance, or certificates of insurance <br />evidencing the existence of such required insurance. <br />If the Public Entity fails to provide and maintain the insurance required under this Section, <br />then the State Entity may, at its sole option and discretion, obtain and maintain insurance of an <br />equivalent nature and any funds expended by the State Entity to obtain or maintain such <br />insurance shall be due and payable on demand by the State Entity and bear interest from the date <br />of advancement by the State Entity at a rate equal to the lesser of the maximum interest rate <br />Generic GO Bond Proceeds 26 Ver — 8/20/08 <br />Grant Agreement for ProgramConstruction Grants (Gnrc GO GA-Prgrm Cnstrcm Grnt) <br />< RDGP-09-0025-o-FY10> <br />