CONTRACTUAL LIABILITY,
AND PRODUCTS/COMPLETED OPERATIONS LIABILITY.
(II)
COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
AGAINST CLAIMS FOR INJURY TO, INCLUDING DEATH OF, PERSONS OR DAMAGE TO PROPERTY
OCCURRING IN OR ABOUT THE LEASED PREMISES WITH MINIMUM LIMITS OF LIABILITY OF
FIVE MILLION DOLLARS ($5,000,000) COMBINED SINGLE LIMIT FOR EACH ACCIDENT.
DEDUCTIBLES, IF ANY, INCLUDED IN SUCH INSURANCE SHALL BE THE SOLE RESPONSIBILITY
OF LESSEE AND PAYMENTS TO OTHERS SHALL BE UNENCUMBERED BY SUCH DEDUCTIBLES.
SUCH INSURANCE SHALL INCLUDE BUT NOT BE LIMITED TO BODILY INJURY LIABILITY,
PERSONAL INJURY LIABILITY, PROPERTY DAMAGE LIABILITY, HIRED CAR LIABILITY, AND
NONOWNED AUTO LIABILITY.
(III)
WORKERS COMPENSATION INSURANCE AS REQUIRED
BY THE LAWS OF THE STATE OF INDIANA, AND AS APPLICABLE, ALL APPROPRIATE FEDERAL
ACTS SUCH AS, BUT NOT LIMITED TO THE U.S. LONGSHOREMEN AND HARBORWORKERS
COMPENSATION ACT, THE JONES ACT, AND THE FEDERAL EMPLOYERS LIABILITY ACT.
THE
LIMIT OF LIABILITY UNDER EMPLOYER'S LIABILITY SHALL NOT BE LESS THEN FIVE
MILLION DOLLARS ($5,000,000) FOR EACH ACCIDENT.
(IV)
POLLUTION LEGAL LIABILITY INSURANCE TO INCLUDE
POLLUTION CLEAN-UP, BODILY INJURY AND PROPERTY DAMAGE, ON OR OFF THE LEASED
PREMISES, WITH A MINIMUM LIMIT OF LIABILITY OF $1,000,000 FOR EACH OCCURRENCE.
25
LESSEE MAY, AT ITS OPTION, PURCHASE A COMBINATION OF PRIMARY INSURANCE,
INCLUDING COMMERCIAL GENERAL LIABILITY INSURANCE, COMMERCIAL AUTOMOBILE
LIABILITY INSURANCE AND EMPLOYERS LIABILITY INSURANCE, AND UMBRELLA OR EXCESS
LIABILITY INSURANCE THAT WHEN COMBINED TOGETHER MEET THE FIVE MILLION DOLLARS
($5,000,000) EACH OCCURRENCE/ACCIDENT REQUIREMENT HEREIN.
SUCH UMBRELLA OR
EXCESS LIABILITY INSURANCE SHALL BE ISSUED BY COMPANIES LICENSED OR AUTHORIZED
TO PROVIDE LIABILITY INSURANCE IN THE STATE OF INDIANA AND OTHERWISE REASONABLY
ACCEPTABLE TO THE COMMISSION
AND THE INSURANCE CARRIER AND HAVING A
POLICYHOLDER RATING OF NOT LESS THAN "A- VII" IN THE THEN-MOST CURRENT EDITION
OF BEST'S INSURANCE REPORTS; OR, IF SUCH RATING IS CHANGED, THE EQUIVALENT
RATING; OR, IF BEST'S INSURANCE REPORTS IS NO LONGER PUBLISHED, AN EQUIVALENT
RATING IN ANOTHER PUBLICATION REASONABLY SELECTED BY THE COMMISSION AND
REASONABLY SATISFACTORY TO LESSEE.
SECTION 8.04.
BLANKET COVERAGE.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED IN THIS ARTICLE, LESSEE'S OBLIGATIONS TO CARRY THE INSURANCE
PROVIDED FOR HEREIN MAY BE BROUGHT WITHIN THE COVERAGE OF A SO-CALLED BLANKET
POLICY OR POLICIES OF INSURANCE CARRIED AND MAINTAINED BY LESSEE; PROVIDED,
HOWEVER, THAT THE COVERAGE AFFORDED THE COMMISSION WILL NOT BE REDUCED,
DIMINISHED OR OTHERWISE BE DIFFERENT FROM THAT WHICH WOULD EXIST UNDER A
SEPARATE POLICY MEETING ALL OTHER REQUIREMENTS OF THIS LEASE BY REASON OF THE
USE OF SUCH BLANKET POLICY OF INSURANCE, AND PROVIDED FURTHER THAT THE
REQUIREMENTS OF THIS ARTICLE ARE OTHERWISE SATISFIED.
SUCH BLANKET POLICY SHALL
CONTAIN AN ENDORSEMENT THAT NAMES THE COMMISSION AS AN ADDITIONAL INSURED,
REFERENCES THE LEASED PREMISES AND GUARANTEES A MINIMUM LIMIT AVAILABLE FOR THE
LEASED PREMISES EQUAL TO THE INSURANCE AMOUNTS REQUIRED IN THIS LEASE.
SECTION 8.05.
RIGHTS UPON TERMINATION.
IF THIS LEASE IS FORFEITED OR
TERMINATED BY LESSEE FOR ANY REASON, THEN ALL POLICIES OF INSURANCE AND ALL
INSURANCE PROCEEDS SHALL REMAIN THE PROPERTY OF LESSEE.
LESSEE WILL AT THE
REQUEST AND EXPENSE OF THE