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Finance and Administration - Board of Trustees - The University of ...

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<strong>Finance</strong> <strong>and</strong> <strong>Administration</strong> Committee - IX. Agreements for Development <strong>of</strong> the Cherokee Farm Research Park - Action(each a “Permitted Transferee”), Tenant shall not assign, convey or transfer its interest in thisLease or the leasehold estate created hereby.10. INSURANCE.10.1 Property Insurance. During the Term, Tenant shall cause, or shall require itsSubtenants to cause, the Premises, including all Projects located thereon <strong>and</strong> all contents <strong>and</strong>personalty located therein, to be insured (to the extent insurable) against loss or damage by theelements for the full insurable value there<strong>of</strong>. With regard to the obligations <strong>of</strong> Tenant, Tenantagrees to self-insure <strong>and</strong>/or to provide assurance <strong>of</strong> insurance coverage in types <strong>and</strong> amountsrequired by state law, regulation <strong>and</strong>/or policy. All Subtenants shall:7(a) Obtain a policy or policies <strong>of</strong> insurance insuring the Premises in anamount equal to the replacement cost <strong>of</strong> the Projects, as well as claims for injuries topersons or damages to property which may arise from or in connection with the use <strong>and</strong>occupancy <strong>of</strong> the Premises, designating <strong>University</strong> as an additional insured (subjecthowever to the rights <strong>of</strong> Leasehold Mortgagees as loss payees with respect to propertydamage); <strong>and</strong>(b) Maintain coverage at least as broad as including all major divisions <strong>of</strong>coverage, <strong>and</strong> be on a comprehensive basis including, but not limited to, premisesoperations, bodily injury <strong>and</strong> property damage.10.2 Liability Insurance. Tenant <strong>and</strong> its Subtenants shall maintain general liabilityinsurance with limits <strong>of</strong> said insurance to be no less than the exposure <strong>and</strong> limits <strong>of</strong> <strong>University</strong>’sliability under the Tennessee Claims Commission Act, T.C.A. Sections 9-8-301, et seq.,currently being three hundred thous<strong>and</strong> dollars ($300,000.00) per claimant <strong>and</strong> one milliondollars ($1,000,000.00) per occurrence, or as it may be from time to time amended <strong>and</strong>/orconstrued by the Claims Commission <strong>and</strong> the courts.10.3 Deductibles. Any deductibles or self-insured retentions must be declared to <strong>and</strong>approved by <strong>University</strong>, such approval not be unreasonably withheld, conditioned or delayed.10.4 Other Requirements. <strong>The</strong> policies <strong>of</strong> insurance required hereunder (the “RequiredPolicies”) are to contain, or be endorsed to contain, the following provisions:General Liability:(1) <strong>University</strong> is to be covered as an insured as respects: liabilityarising out <strong>of</strong> the Premises occupied or used. Coverage shallcontain no special limitations on the scope <strong>of</strong> protection affordedto <strong>University</strong>.(2) <strong>The</strong> insurance coverage <strong>of</strong> the Required Policies shall be theprimary insurance as respects <strong>University</strong>. Any insurance or selfinsurancemaintained by <strong>University</strong> shall be excess <strong>and</strong> notcontributory to the insurance provided by the Required Policies.8088569.13 9172

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