05A. Lessee’s Operating Expense estimates: On or about April 1st of each calendar year, Lessor will provide Lessee with a statement of: (1) Lessee’s annual share of estimated Operating Expenses in excess of Base Year Operating Expenses for the then current calendar year; (2) Lessee’s monthly Operating Expense estimate for the then current year; and, (3) Lessee’s retroactive estimate correction billing (for the period of January 1st through the date immediately prior to the commencement date of Lessee’s new monthly Operating Expense estimate) for the difference between Lessee’s new and previously billed monthly Operating Expense estimates for the then current year.
05A. The Primary Servicer shall establish a collection account (hereinafter the “Primary Servicer Loan Combination Custodial Account”), meeting all of the requirements of the Loan Combination Custodial Account, and references to the Loan Combination Custodial Account shall be references to such Primary Servicer Loan Combination Custodial Account. The creation of any Primary Servicer Loan Combination Custodial Account shall be evidenced by a certification in the form of Exhibit F attached hereto and a copy of such certification shall be furnished to the Master Servicer within three (3) days of the Closing Date and thereafter to the Master Servicer upon any transfer of the Primary Servicer Loan Combination Custodial Account. Notwithstanding Section 3.05A(b) of the Pooling and Servicing Agreement, the Primary Servicer shall deposit into the Primary Servicer Loan Combination Custodial Account and include in its Primary Servicer Serviced Loan Combination Remittance Amount all Ancillary Fees, Consent Fees, Assumption Fees, assumption application fees, defeasance fees, review fees and other amounts collected by the Primary Servicer to the extent not constituting Additional Servicing Compensation and/or Additional Special Servicing Compensation (in each case, other than those to which the Primary Servicer is entitled pursuant to Section 3.01(c)(19) of this Agreement). Any amounts of Additional Special Servicing Compensation payable to the Special Servicer shall be remitted to the Special Servicer by the Master Servicer. For purposes of Section 3.05A(c) of the Pooling and Servicing Agreement, the Master Servicer shall direct the Special Servicer to make payment of amounts referenced therein directly to the Primary Servicer for deposit in the Primary Servicer Loan Combination Custodial Account.
05A. Section 6.05A of the Credit Agreement is hereby amended as follows:
05A. The Master Servicer shall reimburse itself, the Trustee or the Fiscal Agent, as appropriate and in accordance with Section 3.03, Section 3.05(a) or Section 3.05A as applicable, for any Servicing Advance as soon as practicable after funds available for such purpose are deposited in the related Custodial Account.
05A. Section 6.05A is amended by deleting the word "and" at the end of clause (r), inserting "; and" in place of the period after clause (s), and adding a new clause (t) to read as follows:
05A. [Pre-Funding Account.]
05A. With respect to any Non-Serviced Loan Combination, if (1) the related Lead Master Servicer has determined that a proposed P&I Advance (as defined in the Lead PSA) with respect to the Non-Serviced Trust Loan or any related Pari Passu Companion Loan, if made, or any outstanding P&I advance previously made, would be, or is, as applicable, a "nonrecoverable advance," and the related Lead Master Servicer has provided written notice of such determination to the Master Servicer, or (2) if the Master Servicer has determined that a P&I Advance with respect to the Non-Serviced Trust Loan would be a Nonrecoverable P&I Advance, then none of the Master Servicer and the Trustee shall make any additional P&I Advance with respect to the Non-Serviced Trust Loan until the Master Servicer has consulted with the Lead Master Servicer and they agree that circumstances with respect to such Loans have changed such that a proposed future P&I Advance would not be a "nonrecoverable advance." With respect to each Non-Serviced Trust Loan, if the Master Servicer has determined that a proposed P&I Advance with respect to such Loan, would be a Nonrecoverable Advance, the Master Servicer shall provide the applicable Lead Master Servicer and any applicable Subsequent Master Servicer written notice of such determination within two Business Days after such determination was made. If the Trustee or the Master Servicer has received notice from Fitch and Moody's that the Master Servicer no xxxxxx has Rating Agency Approval, then such party shall promptly notify the other, the Special Servicer and the applicable Lead Master Servicer or Subsequent Master Servicer of the same. If the Master Servicer has received notice that a Lead Master Servicer or a Subsequent Master Servicer no longer has Rating Agency Approval, then the Master Servicer shall not be required to abide by any determination of nonrecoverability by such Lead Master Servicer or Subsequent Master Servicer.
05A. The Master Servicer shall, in accordance with Section 3.05(a) and/or Section 3.05A, reimburse itself, the Trustee or the Fiscal Agent, as applicable, for any outstanding P&I Advance made thereby under this Section 4.03 as soon as practicable after funds available for such purpose are deposited in the applicable Custodial Account. Notwithstanding the foregoing, upon a determination that a previously made P&I Advance is a Nonrecoverable P&I Advance, instead of obtaining reimbursement out of general collections on the Mortgage Pool immediately, any of the Master Servicer, the Trustee or the Fiscal Agent, as applicable, may, in its sole discretion, elect to obtain reimbursement for such Nonrecoverable P&I Advance over a period of time (not to exceed 12 months or such longer period of time as is approved in writing by the Controlling Class Representative) and the unreimbursed portion of such P&I Advance will accrue interest at the Reimbursement Rate in effect from time to time. At any time after such a determination to obtain reimbursement over time in accordance with the preceding sentence, the Master Servicer, the Trustee or the Fiscal Agent, as applicable, may, in its sole discretion, decide to obtain reimbursement immediately. The fact that a decision to recover such Nonrecoverable P&I Advance over time, or not to do so, benefits some Classes of Certificateholders to the detriment of other Classes shall not constitute a violation of the Servicing Standard by the Master Servicer or a breach of any fiduciary duty owed to the Certificateholders by the Trustee or the Fiscal Agent, or a breach of any other contractual obligation owed to the Certificateholders by any party to this Agreement.
05A. Tenant's Premises (herein so-called) shall be located on the Property in the 204,549 square foot portion of the Building at 0000 Xxxxx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxxx, Xxxxx 00000, shown on the floorplate attached hereto as Exhibit "A-1".
05A above shall be subject to the written approval of the Owner and will be procured by Operator for Owner's account as provided in Section IV of this Agreement or as a Reimbursable Cost.
