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thereof will produce less than the minimum coverage required by the preceding sentence, <br /> by reason of co-insurance provisions or otherwise, without the prior consent thereto in <br /> writing by the City which consent shall not be unreasonably withheld. The term "full <br /> insurable replacement value" shall mean the actual replacement cost of the Improvements <br /> (excluding foundation and excavating costs and costs of underground flues, pipes, drains <br /> and other uninsurable items) and equipment, and shall be determined from time to time at <br /> the request of the City, but not more frequently than once very three years, by an <br /> insurance consultant or insurer, selected and paid for by the Developer and approved by <br /> the City. All policies evidencing insurance required by this subparagraph(i)with respect <br /> to the Minimum Improvements shall be carried in the names of the Developer and the <br /> City as their respective interests may appear and shall contain standard clauses which <br /> provide for net proceeds of insurance resulting from claims per casualty thereunder to the <br /> Improvements to be made payable to the Developer. <br /> (ii) Comprehensive general public liability insurance, including personal <br /> injury. liability (with employee exclusion deleted), and automobile insurance, including <br /> owned, non-owned and hired automobiles, against liability for injuries to persons and/or <br /> property, in the minimum amount for each occurrence and for each year of <br /> $1,000,000.00, for public liability and shall be endorsed to show the City as an additional <br /> insured. <br /> The policies of insurance required pursuant to clauses (i) and (ii) above shall be in form and <br /> content satisfactory to the City and shall be placed with financially sound and reputable insurers <br /> licensed to transact business in the State, the liability insurer to be rated A or better in Best's <br /> Insurance Guide. The policy of insurance delivered pursuant to clause (i) above shall contain an <br /> agreement of the insurer to give not less than thirty (30) days' advance written notice to the City <br /> in the event of cancellation of such policy or change affecting the coverage thereunder. <br /> (c) The Developer agrees to notify the City immediately in the case of damage to or <br /> destruction of,-the Improvements or any portion thereof resulting from fire or other casualty. In <br /> the event of any such damage or destruction, the Developer will forthwith repair, reconstruct and <br /> restore the Improvements to substantially the same or an improved condition or value as existed <br /> prior to the event causing such damage. Failure by the Developer to rebuild the Improvements <br /> shall constitute an Event of Default under this Agreement which shall entitle the City to declare <br /> the Assessments due under Section-9.2 of this Agreement. <br /> (d) The City agrees that, `if requested by the Developer's lender of financing for the <br /> construction of the Improvements, it will subordinate its rights relative to the receipt and <br /> application of the proceeds of insurance under this Agreement to the lien of such lender's <br /> mortgage. <br /> 13 <br />