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Page 22 of 29
<br />Section 14.03. Definitions. As used in this Agreement, "liabilities" shall mean all liabilities,
<br />claims, damages (excluding consequential damages), losses, penalties, litigation, demands, causes of
<br />action (whether in tort or contract, in law or equity or othenvise), suits, proceedings, judgments,
<br />disbursements, charges, assessments, and expenses (including reasonable attorneys' and experts' fees
<br />and expenses incurred in investigating, defending, or prosecuting any litigation, claim or proceeding
<br />whether out of court, at trial or in any appellate or administrative proceeding). "Bodily injury" means
<br />bodily injury, sickness or disease sustained by a person, including death resulting from any of the
<br />foregoing. "Property damage" shall mean physical injury to tangible property, including all resulting
<br />loss of use of that property, or loss of use of tangible property that is not physically injured.
<br />Section 14.04. Independent Provisions. The provisions of Sections 14.01 through 14.03 are
<br />independent of, and will not be limited by, any insurance obligations in this Agreement, and shall
<br />survive the expiration or earlier termination of this Agreement with respect to any claims or liability
<br />arising in connection with any event occurring prior to such expiration or termination.
<br />Section 14.05. insurance. Commencing upon the Effective Date and throughout the
<br />remainder of the Term and any renewals thereof, the Dodgers shall maintain, at their sole cost, the
<br />following insurance:
<br />(a) A commercial general liability insurance policy in an occurrence form covering
<br />the insured against all bodily injury and property damage liability that may rise or be claimed
<br />due to the Dodgers' use of the Facility in a minimum amount of coverage of One Million
<br />Dollars (S1,000,000) for injuries to persons in one accident, One tiiriiion Dollars (S 1,000,00"
<br />for injuries to any one person and One \Million Dollars (S1,000,000) for damages to property.
<br />The commercial general liability insurance policy in an occurrence form shall also include
<br />contractual liability coverage including a Broad Form Endorsement covering the insurance
<br />provisions of this Agreement and the performance by the Dodgers of the indemnification
<br />provisions set forth in this Agreement.
<br />(b) Special forst (all risk) property insurance covering (1) the Facility, including,
<br />but not limited to, any additional improvements undertaken by the Dodgers, in an amount not
<br />less than one hundred (100°0) percent of their actual replacement costs from time to time
<br />existing during the Term of this Agreement, providing protection against any peril included
<br />within the classification "all risks' of physical loss or damage, together with insurance against
<br />sprinkler damage, vandalism, malicious mischief, and water damage of any type and theft.
<br />The proceeds of such irLstrance shall be used for the repair or replacement of the property so
<br />insured
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<br />https://ori.indian-river.org///Document/GetDocumentForPrintPNG/?request=AQAAANC... 5/25/2021
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