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0430 Old Crystal Bay Road North - 33-118-23-13-0016
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Garage Condos Declaration
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10.1.2. Commercial general liability insurance covering the use, operation and maintenance <br />of the Common Elements, with minimum limits of one million dollars per occurrence, against claims <br />for death, bodily injury and property damage, and such other risks as are customarily covered by such <br />policies for projects similar in construction, location and use to the Property. The policy shall contain a <br />"severability of interest" endorsement which shall preclude the insurer from denying the claim of an <br />Owner or Tenant because of negligent acts of the Association or other Owners or Tenants. <br />10.1.3. Such other types and amounts or insurance as may be determined by the Board to be <br />necessary or desirable, including but not limited to officers and directors' liability insurance, workers' <br />compensation insurance, and insurance or fidelity bonds covering dishonest acts by those Persons <br />having control or custody of the Association's funds. <br />10.2. Cancellation: Notice of Loss. All policies or property insurance and comprehensive liability <br />insurance maintained by the Association shall provide that the policies shall not be canceled or substantially <br />modified, for any reason, without at least thirty days' prior written notice to the Association, the insureds and all <br />Mortgagees. <br />10.3. Conflicts with Act. In the event of a conflict between this Section 10 and the Act, this Section <br />10 shall control, it being the intention of Declarant that the Association and the Owners shall have authority and <br />discretion to deal with the unique insurance needs associated with the uses of these nonresidential Units and the <br />requirements of Mortgagees. <br />10.4. Owners' Insurance/Indemnity. Each Owner shall obtain and maintain the following insurance <br />and provide the described indemnities: <br />10.4.1. Property insurance insuring any insurable improvement within the Owner's Unit for <br />the full insurable replacement value of such improvement. <br />10.4.2. Commercial general liability insurance covering the Owner's Unit, and the activities <br />of the Owner, and its officers, directors, employees and agents in connection with the Owner's <br />occupancy, operation, management and use of the Unit, including any additional coverages customarily <br />carried for unique or hazardous activities arising out of a business or activities conducted on the Unit. <br />Said liability insurance shall be in the minimum amounts of (i) $1,000,000 for an accident affecting <br />more than one person in or resulting from one occurrence and (ii) $1,000,000 property damage for each <br />occurrence. Each Owner shall, upon request of the Association or any other Owner, furnish a certificate <br />or certificates of such insurance. <br />10.4.3. Each Owner shall hold harmless, indemnify and defend the Declarant, other Owners <br />and the Association, and their respective officers, directors and employees, from and against all claims, <br />actions, damages and other liabilities, including attorneys' fees and costs, arising out of incidents <br />occurring within such Owner's Unit or arising out of the conduct of the Owner or Tenants of the Unit <br />or their employees, agents, contractors and guests, unless caused by the intentional or negligent act or <br />omission of the party to be indemnified. <br />10.4.4. The Owner's insurance shall be primary as against the Association's insurance for <br />damages to any interior improvement to the Units, and there shall be no right of contribution against the <br />Association's insurance, with respect to damage or activities within the Owner's Unit. <br />SECTION 11 <br />RECONSTRUCTION, EMINENT DOMAIN AND TERMINATION <br />Reconstruction. The obligations and procedures for the repair, reconstruction or disposition of <br />the Property following damage or destruction thereof shall be governed by the Act. Any repair or reconstruction <br />20 <br />
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