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1987-11-09 Regular Meeting
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1987-11-09 Regular Meeting
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City Meetings
Meeting Body
City Council
Meeting Doc Type
Minutes
Date
11/9/1987
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<br />e <br /> <br />. <br /> <br />fill' <br /> <br />judicial decision. All such insurance shall be written by responsible <br /> <br />insurance carriers selected by the Authority in amounts sufficient <br /> <br />to avoid the application of any co-insurance clauses contained in <br /> <br />the policies effecting such insurance (and in any event for less <br /> <br />than 80% of full insurable value). <br /> <br />If the Southeast Plant should be materially damaged or destroyed <br /> <br />by fire or other casualty, the Authority shall, as expeditiously as <br /> <br />possible, diligently prosecute, or cause to be prosecuted, the recon- <br /> <br />struction or replacement thereof as nearly as possible to the condition <br /> <br />thereof immediately prior to such damage or destruction and shall apply <br /> <br />the proceeds from any insurance to the payment of the cost of such re- <br /> <br />construction or replacement. The insurance proceeds, if any, remaining <br /> <br />after the application thereof to such reconstruction or replacement <br /> <br />shall be deposited in the Authority's interest and sinking fund (and <br /> <br />the capacity charges to be paid thereafter by the Participants <br /> <br />shall be reduced pro tanto). If the damage or destruction materially <br /> <br />reduces the Authority's ability to deliver Water hereunder and the <br /> <br />insurance proceeds are not sufficient to pay for the entire cost of <br /> <br />reconstruction or replacement, the Authority is authorized to draw <br /> <br />upon any cont ingency reserve fund and, if it is exhausted, then the <br /> <br />Participants shall make up any deficiency pro rata in accordance <br /> <br />with their reserved capacity in the Southeast Plant. <br /> <br />ARTICLE XIV <br />Arbitration <br /> <br />Section 14.01 .Zl.ny dispute which is specifically stated to be <br /> <br />subject to arbitration under the provisions of this Contract shall be <br /> <br />promptly submitted to an arbitrator mutually agreed to by the Authority <br /> <br />-39- <br />
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