Common use of Collection and Application of Insurance and Condemnation Proceeds Generally Clause in Contracts

Collection and Application of Insurance and Condemnation Proceeds Generally. This Paragraph 10 will govern the application of proceeds received by BNPPLC or NAI during the Term from any third party (1) under any property insurance policy as a result of damage to the Property (including proceeds payable under any insurance policy covering the Property which is maintained by NAI), (2) as compensation for any restriction placed upon the use or development of the Property or for the condemnation of the Property or any portion thereof, or (3) because of any judgment, decree or award for injury or damage to the Property (e.g.,damage resulting from a third party’s release of Hazardous Materials onto the Property); excluding, however, any funds paid to BNPPLC by BNPPLC’s Parent, by an Affiliate of BNPPLC or by any Participant that is made to compensate BNPPLC for any Losses BNPPLC may suffer or incur in connection with this Lease or the Property. Except as provided in subparagraph 10(D), NAI must promptly pay over to BNPPLC any insurance, condemnation or other proceeds covered by this Paragraph 10 which NAI may receive from any insurer, condemning authority or other third party. All proceeds covered by this Paragraph 10, including those received by BNPPLC from NAI or third parties, will be applied as follows: (1) First, proceeds covered by this Paragraph 10 will be used to reimburse BNPPLC for any reasonable costs and expenses, including Attorneys’ Fees, that BNPPLC incurred to collect the proceeds. (2) Second, the proceeds remaining after such reimbursement to BNPPLC (hereinafter, the “Remaining Proceeds”) will be applied, as hereinafter more particularly provided, either as a Qualified Prepayment or to reimburse NAI or BNPPLC for the actual out-of-pocket costs of repairing or restoring the Property. Until, however, any Remaining Proceeds received by BNPPLC are applied by BNPPLC as a Qualified Prepayment or applied by BNPPLC to reimburse costs of repairs to or restoration of the Property pursuant to this Paragraph 10, BNPPLC will hold and maintain such Remaining Proceeds as Escrowed Proceeds in an interest bearing account, and all interest earned on such account will be added to and made a part of such Escrowed Proceeds.

Collection and Application of Insurance and Condemnation Proceeds Generally. This Paragraph 10 9 will govern the application of proceeds received by BNPPLC or NAI LRC during the Term from any third party (1) under any property insurance policy as a result of damage to the Property (including proceeds payable under any insurance policy covering the Property which is maintained by NAILRC), (2) as compensation for any restriction placed upon the use or development of the Property or for the condemnation of the Property or any portion thereof, or (3) because of any judgment, decree or award for injury or damage to the Property (e.g.,damage resulting from a third party’s release of Hazardous Materials onto the Property); excluding, however, any funds paid to BNPPLC by BNPPLC’s Parent, by an another Affiliate of BNPPLC or by any Participant that is made to compensate BNPPLC for any Losses BNPPLC may suffer or incur in connection with this Lease or the Property. Except as provided in subparagraph 10(D9(C), NAI LRC must promptly pay over to BNPPLC any insurance, condemnation or other proceeds covered by this Paragraph 10 9 which NAI LRC may receive from any insurer, condemning authority or other third party. All Except as provided in subparagraph 9(C), all proceeds covered by this Paragraph 109, including those received by BNPPLC from NAI LRC or third parties, will be applied as follows: (1) First, proceeds covered by this Paragraph 10 9 will be used to reimburse BNPPLC for any Attorneys’ Fees or other reasonable costs and expenses, including Attorneys’ Fees, expenses that BNPPLC incurred to collect the proceeds. (2) Second, the proceeds remaining after such reimbursement to BNPPLC (hereinafter, the “Remaining Proceeds”) will be applied, as hereinafter more particularly provided, either as a Qualified Prepayment or to reimburse NAI LRC or BNPPLC for the actual out-of-pocket costs of repairing or restoring the Property. Until, however, any Remaining Proceeds received by BNPPLC are applied by BNPPLC as a Qualified Prepayment or applied by BNPPLC to reimburse costs of repairs to or restoration of the Property pursuant to this Paragraph 109, BNPPLC will hold and maintain such Remaining Proceeds as Escrowed Proceeds in an interest bearing account, and all interest earned on such account will be added to and made a part of such Escrowed Proceeds.

Collection and Application of Insurance and Condemnation Proceeds Generally. This Paragraph 10 will shall govern the application of proceeds received by BNPPLC BNPLC or NAI during the Term from any third party (1) under any property insurance policy as a result of damage to the Property (including proceeds payable under any insurance policy covering the Property which is maintained by NAI), (2) as compensation for any restriction placed upon the use or development of the Property or for the condemnation of the Property or any portion thereof, or (3) because of any judgment, decree or award for injury or damage to the Property (e.g.,damage resulting from a third party’s release of Hazardous Materials onto the Property); excluding, however, any funds paid to BNPPLC BNPLC by BNPPLC’s BNPLC's Parent, by an Affiliate of BNPPLC BNPLC or by any Participant that is made to compensate BNPPLC BNPLC for any Losses BNPPLC BNPLC may suffer or incur in connection with this Improvements Lease or the Property. Except as provided in subparagraph 10(D), NAI must will promptly pay over to BNPPLC BNPLC any insurance, condemnation or other proceeds covered by this Paragraph 10 which NAI may receive from any insurer, condemning authority or other third party. All proceeds covered by this Paragraph 10, including those received by BNPPLC BNPLC from NAI or third parties, will shall be applied as follows: (1i) First, proceeds covered by this Paragraph 10 will be used to reimburse BNPPLC BNPLC for any reasonable costs and expenses, including Attorneys’ ' Fees, that BNPPLC BNPLC incurred to collect the proceeds. (2ii) Second, the proceeds remaining after such reimbursement to BNPPLC BNPLC (hereinafter, the “Remaining Proceeds”"REMAINING PROCEEDS") will be applied, as hereinafter more particularly provided, either as a Qualified Prepayment or to reimburse NAI or BNPPLC BNPLC for the actual out-of-pocket costs of repairing or restoring the Property. Until, however, any Remaining Proceeds received by BNPPLC BNPLC are applied by BNPPLC BNPLC as a Qualified Prepayment or applied by BNPPLC BNPLC to reimburse costs of repairs to or restoration of the Property pursuant to this Paragraph 10, BNPPLC will BNPLC shall hold and maintain such Remaining Proceeds as Escrowed Proceeds in an interest bearing account, and all interest earned on such account will shall be added to and made a part of such Escrowed Proceeds.

Collection and Application of Insurance and Condemnation Proceeds Generally. This Paragraph 10 will govern the application of proceeds received by BNPPLC or NAI during the Term from any third party (1) under any property insurance policy as a result of damage to the Property (including proceeds payable under any insurance policy covering the Property which is maintained by NAI), (2) as compensation for any restriction placed upon the use or development of the Property or for the condemnation of the Property or any portion thereof, or (3) because of any judgment, decree or award for injury or damage to the Property (e.g.,damage resulting from a third party’s release of Hazardous Materials onto the Property); excluding, however, any funds paid to BNPPLC by BNPPLC’s Parent, by an Affiliate of BNPPLC or by any Participant that is made to compensate BNPPLC for any Losses BNPPLC may suffer or incur in connection with this Lease or the Property. Except as provided in subparagraph 10(D), NAI must promptly pay over to BNPPLC any insurance, condemnation or other proceeds covered by this Paragraph 10 which NAI may receive from any insurer, condemning authority or other third party. All proceeds covered by this Paragraph 10, including those received by BNPPLC from NAI or third parties, will be applied as follows: (1) First, proceeds covered by this Paragraph 10 will be used to reimburse BNPPLC for any reasonable reasonably costs and expenses, including Attorneys’ Fees, that BNPPLC incurred to collect the proceeds. (2) Second, the proceeds remaining after such reimbursement to BNPPLC (hereinafter, the “Remaining Proceeds”) will be applied, as hereinafter more particularly provided, either as a Qualified Prepayment or to reimburse NAI or BNPPLC for the actual out-of-pocket costs of repairing or restoring the Property. Until, however, any Remaining Proceeds received by BNPPLC are applied by BNPPLC as a Qualified Prepayment or applied by BNPPLC to reimburse costs of repairs to or restoration of the Property pursuant to this Paragraph 10, BNPPLC will hold and maintain such Remaining Proceeds as Escrowed Proceeds in an interest bearing account, and all interest earned on such account will be added to and made a part of such Escrowed Proceeds.

Collection and Application of Insurance and Condemnation Proceeds Generally. This Paragraph 10 will shall govern the application of proceeds received by BNPPLC BNPLC or NAI during the Term from any third party (1) under any property insurance policy as a result of damage to the Property (including proceeds payable under any insurance policy covering the Property which is maintained by NAI), (2) as compensation for any restriction placed upon the use or development of the Property or for the condemnation of the Property or any portion thereof, or (32) because of any judgment, decree or award for injury or damage to the Property (e.g.,damage resulting from a third party’s 's release of Hazardous Materials onto the Property); excluding, however, any funds paid to BNPPLC BNPLC by BNPPLC’s BNPLC's Parent, by an Affiliate of BNPPLC BNPLC or by any Participant that is made to compensate BNPPLC BNPLC for any Losses BNPPLC BNPLC may suffer or incur in connection with this Land Lease or the Property. Except as provided in subparagraph 10(D), NAI must will promptly pay over to BNPPLC BNPLC any insurance, condemnation or other proceeds covered by this Paragraph 10 which NAI may receive from any insurer, condemning authority or other third party. All proceeds covered by this Paragraph 10, including those received by BNPPLC BNPLC from NAI or third parties, will shall be applied as follows: (1i) First, proceeds covered by this Paragraph 10 will be used to reimburse BNPPLC BNPLC for any reasonable costs and expenses, including Attorneys’ ' Fees, that BNPPLC BNPLC incurred to collect the proceeds. (2ii) Second, the proceeds remaining after such reimbursement to BNPPLC BNPLC (hereinafter, the “Remaining Proceeds”"REMAINING PROCEEDS") will be applied, as hereinafter more particularly provided, either as a Qualified Prepayment or to reimburse NAI or BNPPLC BNPLC for the actual out-of-pocket costs of repairing or restoring the Property. Until, however, any Remaining Proceeds received by BNPPLC BNPLC are applied by BNPPLC BNPLC as a Qualified Prepayment or applied by BNPPLC BNPLC to reimburse costs of repairs to or restoration of the Property pursuant to this Paragraph 10, BNPPLC will BNPLC shall hold and maintain such Remaining Proceeds as Escrowed Proceeds in an interest bearing account, and all interest earned on such account will shall be added to and made a part of such Escrowed Proceeds.

Collection and Application of Insurance and Condemnation Proceeds Generally. This Paragraph 10 will shall govern the application of proceeds received by BNPPLC BNPLC or NAI during the Term from any third party (1) under any property insurance policy as a result of damage to the Property (including proceeds payable under any insurance policy covering the Property which is maintained by NAI), (2) as compensation for any restriction placed upon the use or development of the Property or for the condemnation of the Property or any portion thereof, or (3) because of any judgment, decree or award for injury or damage to the Property (e.g.,damage resulting from a third party’s release of Hazardous Materials onto the Property); excluding, however, any funds paid to BNPPLC BNPLC by BNPPLC’s BNPLC's Parent, by an Affiliate of BNPPLC BNPLC or by any Participant that is made to compensate BNPPLC BNPLC for any Losses BNPPLC BNPLC may suffer or incur in connection with this Lease or the Property. Except as provided in subparagraph 10(D), NAI must will promptly pay over to BNPPLC BNPLC any insurance, condemnation or other proceeds covered by this Paragraph 10 which NAI may receive from any insurer, condemning authority or other third party. All proceeds covered by this Paragraph 10, including those received by BNPPLC BNPLC from NAI or third parties, will shall be applied as follows: (1i) First, proceeds covered by this Paragraph 10 will be used to reimburse BNPPLC BNPLC for any reasonable costs and expenses, including Attorneys’ ' Fees, that BNPPLC BNPLC incurred to collect the proceeds. (2ii) Second, the proceeds remaining after such reimbursement to BNPPLC BNPLC (hereinafter, the “Remaining Proceeds”"REMAINING PROCEEDS") will be applied, as hereinafter more particularly provided, either as a Qualified Prepayment or to reimburse NAI or BNPPLC BNPLC for the actual out-of-pocket costs of repairing or restoring the Property. Until, however, any Remaining Proceeds received by BNPPLC BNPLC are applied by BNPPLC BNPLC as a Qualified Prepayment or applied by BNPPLC BNPLC to reimburse costs of repairs to or restoration of the Property pursuant to this Paragraph 10, BNPPLC will BNPLC shall hold and maintain such Remaining Proceeds as Escrowed Proceeds in an interest bearing account, and all interest earned on such account will shall be added to and made a part of such Escrowed Proceeds.

Collection and Application of Insurance and Condemnation Proceeds Generally. This Paragraph 10 will shall govern the application of proceeds received by BNPPLC BNPLC or NAI during the Term from any third party (1) under any property insurance policy as a result of damage to the Property (including proceeds payable under any insurance policy covering the Property which is maintained by NAI), (2) as compensation for any restriction placed upon the use or development of the Property or for the condemnation of the Property or any portion thereof, or (3) because of any judgment, decree or award for injury or damage to the Property (e.g.,damage resulting from a third party’s release of Hazardous Materials onto the Property); excluding, however, any funds paid to BNPPLC BNPLC by BNPPLC’s BNPLC's Parent, by an Affiliate of BNPPLC BNPLC or by any Participant that is made to compensate BNPPLC BNPLC for any Losses BNPPLC BNPLC may suffer or incur in connection with this Improvements Lease or the Property. Except as provided in subparagraph 10(D), NAI must will promptly pay over to BNPPLC BNPLC any insurance, condemnation or other proceeds covered by this Paragraph 10 which NAI may receive from any insurer, condemning authority or other third party. All proceeds covered by this Paragraph 10, including those received by BNPPLC BNPLC from NAI or third parties, will shall be applied as follows: (1i) First, proceeds covered by this Paragraph 10 will be used to reimburse BNPPLC BNPLC for any reasonable costs and expenses, including Attorneys’ ' Fees, that BNPPLC BNPLC incurred to collect the proceeds. (2ii) Second, the proceeds remaining after such reimbursement to BNPPLC BNPLC (hereinafter, the “Remaining Proceeds”"REMAINING PROCEEDS") will be applied, as hereinafter more particularly provided, either as a Qualified Prepayment or to reimburse NAI or BNPPLC BNPLC for the actual out-of-pocket costs of repairing or restoring the Property. Until, however, any Remaining Proceeds received by BNPPLC BNPLC are applied by BNPPLC BNPLC as a Qualified Prepayment or applied by BNPPLC BNPLC to reimburse costs of repairs to or restoration of the Property pursuant to this Paragraph 10, BNPPLC will BNPLC shall hold and maintain such Remaining Proceeds as Escrowed Proceeds in an interest bearing account, and all interest earned on such account will shall be added to and made a part of such Escrowed Proceeds.

Collection and Application of Insurance and Condemnation Proceeds Generally. This Paragraph 10 will shall govern the application of proceeds received by BNPPLC BNPLC or NAI during the Term from any third party (1) under any property insurance policy as a result of damage to the Property (including proceeds payable under any insurance policy covering the Property which is maintained by NAI), (2) as compensation for any restriction placed upon the use or development of the Property or for the condemnation of the Property or any portion thereof, or (3) because of any judgment, decree or award for injury or damage to the Property (e.g.,damage resulting from a third party’s release of Hazardous Materials onto the Property); excluding, however, any funds paid to BNPPLC BNPLC by BNPPLC’s BNPLC's Parent, by an Affiliate of BNPPLC BNPLC or by any Participant that is made to compensate BNPPLC BNPLC for any Losses BNPPLC BNPLC may suffer or incur in connection with this Improvements Lease or the Property. Except as provided in subparagraph 10(D), NAI must will promptly pay over to BNPPLC BNPLC any insurance, condemnation or other proceeds covered by this Paragraph 10 which NAI may receive from any insurer, condemning authority or other third party. All proceeds covered by this Paragraph 10, including those received by BNPPLC BNPLC from NAI or third parties, will shall be applied as follows: (1i) First, proceeds covered by this Paragraph 10 will be used to reimburse BNPPLC BNPLC for any reasonable costs and expenses, including Attorneys’ ' Fees, that BNPPLC BNPLC incurred to collect the proceeds. (2ii) Second, the proceeds remaining after such reimbursement to BNPPLC BNPLC (hereinafter, the “Remaining Proceeds”"REMAINING PROCEEDS") will be applied, as hereinafter more particularly provided, either as a Qualified Prepayment or to reimburse NAI or BNPPLC BNPLC for the actual out-of-pocket costs of repairing or restoring the Property. Until, however, any Remaining Proceeds received by BNPPLC BNPLC are applied by BNPPLC BNPLC as a Qualified Prepayment or applied by BNPPLC BNPLC to reimburse costs of repairs to or restoration of the Property pursuant to this Paragraph 10, BNPPLC will BNPLC shall hold and maintain such Remaining Proceeds as Escrowed Proceeds in an interest bearing account, and all interest earned on such account will shall be added to and made a part of such Escrowed Proceeds.

Collection and Application of Insurance and Condemnation Proceeds Generally. This Paragraph 10 will govern the application of proceeds received by BNPPLC or NAI ChoicePoint during the Term from any third party (1) under any property insurance policy as a result of damage to the Property (including proceeds payable under any insurance policy covering the Property which is maintained by NAIChoicePoint), (2) as compensation for any restriction placed upon the use or development of the Property or for the condemnation of the Property or any portion thereof, or (3) because of any judgment, decree or award for injury or damage to the Property (e.g.,damage , damage resulting from a third party’s release of Hazardous Materials onto the Property); excluding, however, any funds paid to BNPPLC by BNPPLC’s Parent, by an Affiliate of BNPPLC or by any Participant that is made to compensate BNPPLC for any Losses BNPPLC may suffer or incur in connection with this Lease or the Property. Except as provided in subparagraph 10(D), NAI ChoicePoint must promptly pay over to BNPPLC any insurance, condemnation or other proceeds covered by this Paragraph 10 which NAI ChoicePoint may receive from any insurer, condemning authority or other third party. All proceeds covered by this Paragraph 10, including those received by BNPPLC from NAI ChoicePoint or third parties, will be applied as follows: (1) First, proceeds covered by this Paragraph 10 will be used to reimburse BNPPLC for any reasonable costs and expenses, including Attorneys’ Fees, that BNPPLC incurred to collect the proceeds. (2) Second, the proceeds remaining after such reimbursement to BNPPLC (hereinafter, the “Remaining Proceeds”) will be applied, as hereinafter more particularly provided, either as a Qualified Prepayment or to reimburse NAI ChoicePoint or BNPPLC for the actual out-of-pocket costs of repairing or restoring the Property. Until, however, any Remaining Proceeds received by BNPPLC are applied by BNPPLC as a Qualified Prepayment or applied by BNPPLC to reimburse costs of repairs to or restoration of the Property pursuant to this Paragraph 10, BNPPLC will hold and maintain such Remaining Proceeds as Escrowed Proceeds in an interest bearing account, and all interest earned on such account will be added to and made a part of such Escrowed Proceeds.

Collection and Application of Insurance and Condemnation Proceeds Generally. This Paragraph 10 will shall govern the application of proceeds received by BNPPLC BNPLC or NAI during the Term from any third party (1) under any property insurance policy as a result of damage to the Property (including proceeds payable under any insurance policy covering the Property which is maintained by NAI), (2) as compensation for any restriction placed upon the use or development of the Property or for the condemnation of the Property or any portion thereof, or (32) because of any judgment, decree or award for injury or damage to the Property (e.g.,damage resulting from a third party’s 's release of Hazardous Materials onto the Property); excluding, however, any funds paid to BNPPLC BNPLC by BNPPLC’s BNPLC's Parent, by an Affiliate of BNPPLC BNPLC or by any Participant that is made to compensate BNPPLC BNPLC for any Losses BNPPLC BNPLC may suffer or incur in connection with this Land Lease or the Property. Except as provided in subparagraph 10(D), NAI must will promptly pay over to BNPPLC BNPLC any insurance, condemnation or other proceeds covered by this Paragraph 10 which NAI may receive from any insurer, condemning authority or other third party. All proceeds covered by this Paragraph 10, including those received by BNPPLC BNPLC from NAI or third parties, will shall be applied as follows: (1i) First, proceeds covered by this Paragraph 10 will be used to reimburse BNPPLC BNPLC for any reasonable costs and expenses, including Attorneys’ ' Fees, that BNPPLC BNPLC incurred to collect the proceeds. (2ii) Second, the proceeds remaining after such reimbursement to BNPPLC BNPLC (hereinafter, the “Remaining Proceeds”"REMAINING PROCEEDS") will be applied, as hereinafter more particularly provided, either as a Qualified Prepayment or to reimburse NAI or BNPPLC BNPLC for the actual out-of-pocket costs of repairing or restoring the Property. Until, however, any Remaining Proceeds received by BNPPLC BNPLC are applied by BNPPLC BNPLC as a Qualified Prepayment or applied by BNPPLC BNPLC to reimburse costs of repairs to or restoration of the Property pursuant to this Paragraph 10, BNPPLC will BNPLC shall hold and maintain such Remaining Proceeds as Escrowed Proceeds in an interest bearing account, and all interest earned on such account will shall be added to and made a part of such Escrowed Proceeds.

Collection and Application of Insurance and Condemnation Proceeds Generally. This Paragraph 10 will shall govern the application of proceeds received by BNPPLC BNPLC or NAI during the Term from any third party (1) under any property insurance policy as a result of damage to the Property (including proceeds payable under any insurance policy covering the Property which is maintained by NAI), (2) as compensation for any restriction placed upon the use or development of the Property or for the condemnation of the Property or any portion thereof, or (32) because of any judgment, decree or award for injury or damage to the Property (e.g.,damage , damage resulting from a third party’s 's release of Hazardous Materials onto the Property); excluding, however, any funds paid to BNPPLC BNPLC by BNPPLC’s BNPLC's Parent, by an Affiliate of BNPPLC BNPLC or by any Participant that is made to compensate BNPPLC BNPLC for any Losses BNPPLC BNPLC may suffer or incur in connection with this Land Lease or the Property. Except as provided in subparagraph 10(D), NAI must will promptly pay over to BNPPLC BNPLC any insurance, condemnation or other proceeds covered by this Paragraph 10 which NAI may receive from any insurer, condemning authority or other third party. All proceeds covered by this Paragraph 10, including those received by BNPPLC BNPLC from NAI or third parties, will shall be applied as follows: (1i) First, proceeds covered by this Paragraph 10 will be used to reimburse BNPPLC BNPLC for any reasonable costs and expenses, including Attorneys’ ' Fees, that BNPPLC BNPLC incurred to collect the proceeds. (2ii) Second, the proceeds remaining after such reimbursement to BNPPLC BNPLC (hereinafter, the “Remaining Proceeds”"REMAINING PROCEEDS") will be applied, as hereinafter more particularly provided, either as a Qualified Prepayment or to reimburse NAI or BNPPLC BNPLC for the actual out-of-pocket costs of repairing or restoring the Property. Until, however, any Remaining Proceeds received by BNPPLC BNPLC are applied by BNPPLC BNPLC as a Qualified Prepayment or applied by BNPPLC BNPLC to reimburse costs of repairs to or restoration of the Property pursuant to this Paragraph 10, BNPPLC will BNPLC shall hold and maintain such Remaining Proceeds as Escrowed Proceeds in an interest bearing account, and all interest earned on such account will shall be added to and made a part of such Escrowed Proceeds.

Collection and Application of Insurance and Condemnation Proceeds Generally. This Paragraph 10 will govern the application of proceeds received by BNPPLC or NAI ChoicePoint during the Term from any third party (1) under any property insurance policy as a result of damage to the Property (including proceeds payable under any insurance policy covering the Property which is maintained by NAIChoicePoint), (2) as compensation for any restriction placed upon the use or development of the Property or for the condemnation of the Property or any portion thereof, or (3) because of any judgment, decree or award for injury or damage to the Property (e.g.,damage resulting from a third party’s release of Hazardous Materials onto the Property); excluding, however, any funds paid to BNPPLC by BNPPLC’s Parent, by an Affiliate of BNPPLC or by any Participant that is made to compensate BNPPLC for any Losses BNPPLC may suffer or incur in connection with this Lease or the Property. Except as provided in subparagraph 10(D), NAI ChoicePoint must promptly pay over to BNPPLC any insurance, condemnation or other proceeds covered by this Paragraph 10 which NAI ChoicePoint may receive from any insurer, condemning authority or other third party. All proceeds covered by this Paragraph 10, including those received by BNPPLC from NAI ChoicePoint or third parties, will be applied as follows: (1) First, proceeds covered by this Paragraph 10 will be used to reimburse BNPPLC for any reasonable costs and expenses, including Attorneys’ Fees, that BNPPLC incurred to collect the proceeds. (2) Second, the proceeds remaining after such reimbursement to BNPPLC (hereinafter, the “Remaining Proceeds”) will be applied, as hereinafter more particularly provided, either as a Qualified Prepayment or to reimburse NAI ChoicePoint or BNPPLC for the actual out-of-pocket costs of repairing or restoring the Property. Until, however, any Remaining Proceeds received by BNPPLC are applied by BNPPLC as a Qualified Prepayment or applied by BNPPLC to reimburse costs of repairs to or restoration of the Property pursuant to this Paragraph 10, BNPPLC will hold and maintain such Remaining Proceeds as Escrowed Proceeds in an interest bearing account, and all interest earned on such account will be added to and made a part of such Escrowed Proceeds.

Collection and Application of Insurance and Condemnation Proceeds Generally. This Paragraph 10 will shall govern the application of proceeds received by BNPPLC BNPLC or NAI during the Term from any third party (1) under any property insurance policy as a result of damage to the Property (including proceeds payable under any insurance policy covering the Property which is maintained by NAI), (2) as compensation for any restriction placed upon the use or development of the Property or for the condemnation of the Property or any portion thereof, or (32) because of any judgment, decree or award for injury or damage to the Property (e.g.,damage , damage resulting from a third party’s 's release of Hazardous Materials onto the Property); excluding, however, any funds paid to BNPPLC BNPLC by BNPPLC’s BNPLC's Parent, by an Affiliate of BNPPLC BNPLC or by any Participant that is made to compensate BNPPLC BNPLC for any Losses BNPPLC BNPLC may suffer or incur in connection with this Land Lease or the Property. Except as provided in subparagraph 10(D), NAI must will promptly pay over to BNPPLC BNPLC any insurance, condemnation or other proceeds covered by this Paragraph 10 which NAI may receive from any insurer, condemning authority or other third party. All proceeds covered by this Paragraph 10, including those received by BNPPLC BNPLC from NAI or third parties, will shall be applied as follows: (1i) First, proceeds covered by this Paragraph 10 will be used to reimburse BNPPLC BNPLC for any reasonable costs and expenses, including Attorneys’ ' Fees, that BNPPLC BNPLC incurred to collect the proceeds. (2ii) Second, the proceeds remaining after such reimbursement to BNPPLC BNPLC (hereinafter, the “Remaining Proceeds”"REMAINING PROCEEDS") will be applied, as hereinafter more particularly provided, either as a Qualified Prepayment or to reimburse NAI or BNPPLC BNPLC for the actual out-of-pocket costs of repairing or restoring the Property. Until, however, any Remaining Proceeds received by BNPPLC BNPLC are applied by BNPPLC BNPLC as a Qualified Prepayment or applied by BNPPLC BNPLC to reimburse costs of repairs to or restoration of the Property pursuant to this Paragraph 10, BNPPLC will BNPLC shall hold and maintain such Remaining Proceeds as Escrowed Proceeds in an interest bearing account, and all interest earned on such account will shall be added to and made a part of such Escrowed Proceeds.

Collection and Application of Insurance and Condemnation Proceeds Generally. This Paragraph 10 will shall govern the application of proceeds received by BNPPLC BNPLC or NAI during the Term from any third party (1) under any property insurance policy as a result of damage to the Property (including proceeds payable under any insurance policy covering the Property which is maintained by NAI), (2) as compensation for any restriction placed upon the use or development of the Property or for the condemnation of the Property or any portion thereof, or (32) because of any judgment, decree or award for injury or damage to the Property (e.g.,damage resulting from a third party’s 's release of Hazardous Materials onto the Property); excluding, however, any funds paid to BNPPLC BNPLC by BNPPLC’s BNPLC's Parent, by an Affiliate of BNPPLC BNPLC or by any Participant that is made to compensate BNPPLC BNPLC for any Losses BNPPLC BNPLC may suffer or incur in connection with this Land Lease or the Property. Except as provided in subparagraph 10(D), NAI must will promptly pay over to BNPPLC BNPLC any insurance, condemnation or other proceeds covered by this Paragraph 10 which NAI may receive from any insurer, condemning authority or other third party. All proceeds covered by this Paragraph 10, including those received by BNPPLC BNPLC from NAI or third parties, will shall be applied as follows: (1i) First, proceeds covered by this Paragraph 10 will be used to reimburse BNPPLC BNPLC for any reasonable costs and expenses, including Attorneys’ ' Fees, that BNPPLC BNPLC incurred to collect the proceeds. (2ii) Second, the proceeds remaining after such reimbursement to BNPPLC BNPLC (hereinafter, the “Remaining Proceeds”"REMAINING PROCEEDS") will be applied, as hereinafter more particularly provided, either as a Qualified Prepayment or to reimburse NAI or BNPPLC BNPLC for the actual out-of-pocket costs of repairing or restoring the Property. Until, however, any Remaining Proceeds received by BNPPLC BNPLC are applied by BNPPLC BNPLC as a Qualified Prepayment or applied by BNPPLC BNPLC to reimburse costs of repairs to or restoration of the Property pursuant to this Paragraph 10, BNPPLC will hold and maintain such Remaining Proceeds as Escrowed Proceeds in an interest bearing account, and all interest earned on such account will be added to and made a part of such Escrowed Proceeds.of

Collection and Application of Insurance and Condemnation Proceeds Generally. This Paragraph 10 will 9 shall govern the application of proceeds received by BNPPLC or NAI Specialty Laboratories during the Term from any third party (1) under any property insurance policy as a result of damage to the Property (including proceeds payable under any insurance policy covering the Property which is maintained by NAISpecialty Laboratories), (2) as compensation for any restriction placed upon the use or development of the Property or for the condemnation of the Property or any portion thereof, or (3) because of any judgment, decree or award for injury or damage to the Property (e.g.,damage resulting from a third party’s 's release of Hazardous Materials onto the Property); excluding, however, any funds paid to BNPPLC by BNPPLC’s 's Parent, by an Affiliate of BNPPLC or by any Participant that is made to compensate BNPPLC for any Losses BNPPLC may suffer or incur in connection with this Lease or the Property. Except as provided in subparagraph 10(D9.(D), NAI must Specialty Laboratories will promptly pay over to BNPPLC any insurance, condemnation or other proceeds covered by this Paragraph 10 9 which NAI Specialty Laboratories may receive from any insurer, condemning authority or other third party. All proceeds covered by this Paragraph 109, including those received by BNPPLC from NAI Specialty Laboratories or third parties, will shall be applied as follows: (1) First, proceeds covered by this Paragraph 10 9 will be used to reimburse BNPPLC for any reasonable costs and expenses, including Attorneys’ ' Fees, that BNPPLC incurred to collect the proceeds. (2) Second, the proceeds remaining after such reimbursement to BNPPLC (hereinafter, the “"Remaining Proceeds”") will be applied, as hereinafter more particularly provided, either as a Qualified Prepayment or to reimburse NAI Specialty Laboratories or BNPPLC for the actual out-of-pocket costs of repairing or restoring the Property. Until, however, any Remaining Proceeds received by BNPPLC are applied by BNPPLC as a Qualified Prepayment or applied by BNPPLC to reimburse costs of repairs to or restoration of the Property pursuant to this Paragraph 109, BNPPLC will shall hold and maintain such Remaining Proceeds as Escrowed Proceeds in an interest bearing account, and all interest earned on such account will shall be added to and made a part of such Escrowed Proceeds.

Collection and Application of Insurance and Condemnation Proceeds Generally. This Paragraph 10 will 5 shall govern the application of proceeds received by BNPPLC or NAI during the Term Specialty Laboratories from any third party prior to the commencement of the Term of the Lease (1) under any property insurance policy as a result of damage to the Property (including proceeds payable under any insurance policy covering the Property which is maintained by NAISpecialty Laboratories), (2) as compensation for any restriction placed upon the use or development of the Property or for the condemnation of the Property or any portion thereof, or (3) because of any judgment, decree or award for injury or damage to the Property (e.g.,damage , damage resulting from a third party’s 's release of Hazardous Materials onto the Property); excluding, however, any funds paid to BNPPLC by BNPPLC’s 's Parent, by an Affiliate of BNPPLC or by any Participant that is made to compensate BNPPLC for any Losses BNPPLC may suffer or incur in connection with this Lease Agreement or the Property. Except as provided in subparagraph 10(D), NAI must Specialty Laboratories will promptly pay over to BNPPLC any insurance, condemnation or other proceeds covered by this Paragraph 10 5 which NAI Specialty Laboratories may receive from any insurer, condemning authority or other third party. All proceeds covered by this Paragraph 105, including those received by BNPPLC from NAI Specialty Laboratories or third parties, will shall be applied as follows: (1) First, proceeds covered by this Paragraph 10 5 will be used to reimburse BNPPLC for any reasonable costs and expenses, including Attorneys’ ' Fees, that BNPPLC incurred to collect the proceeds. (2) Second, the proceeds remaining after such reimbursement to BNPPLC (hereinafter, the “"Remaining Proceeds”") will be applied, as hereinafter more particularly provided, either as a Qualified Prepayment or to pay or reimburse NAI Specialty Laboratories or BNPPLC for the actual out-of-pocket costs of repairing or restoring the Property. Until, however, Until any Remaining Proceeds received by BNPPLC are applied by BNPPLC as a Qualified Prepayment or applied by BNPPLC to reimburse costs of repairs to or restoration of the Property pursuant to this Paragraph 105, BNPPLC will shall hold and maintain such Remaining Proceeds as Escrowed Proceeds in an interest bearing account, and all interest earned on such account will shall be added to and made a part of such Escrowed Proceeds.