Common use of Hazard and Other Insurance Clause in Contracts

Hazard and Other Insurance. (a) During the Term, Lessee shall keep, or cause to be kept, each Property insured against loss or damage by fire and other risks and shall maintain builders' risk insurance during construction of any Improvements or Modifications in amounts not less than the replacement value from time to time of such Property and on terms that (a) are no less favorable than insurance covering other similar properties owned by Lessee and (b) are then carried by similarly situated companies conducting business similar to that conducted by Lessee. The policies shall be endorsed to name Lessor, the Holders, the Agent and the Lenders, to the extent of their respective interests, as additional loss payees; provided, that so long as no Lease Event of Default has occurred and is continuing, any loss payable under the insurance policies required by this Section will be paid to Lessee. (b) If, during the Term, the area in which a Property is located is designated a "flood-prone" area pursuant to the Flood Disaster Protection Act of 1973, or any amendments or supplements thereto, then Lessee shall comply with the National Flood Insurance Program as set forth in the Flood Disaster Protection Act of 1973. In addition, Lessee will fully comply with the requirements of the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, as each may be amended from time to time, and with any other Legal Requirement concerning flood insurance to the extent that it may apply to any such Property.

Hazard and Other Insurance. (a) During the TermTerm for each Property, Lessee shall keep, or cause to be kept, each such Property insured against loss or damage by fire and all other risks risks, and shall maintain builders' ’ risk insurance during construction of any Improvements or Modifications Modifications, in each case in amounts not less than the replacement value from time to time of such Property and on terms that (ai) are no less favorable than insurance covering other similar properties owned by Lessee and (bii) are then carried by similarly situated companies conducting business similar to that conducted by Lessee. The policies shall be endorsed to name Lessor, the Holders, Lessor and the Agent (for itself and on behalf of the LendersFinancing Parties), to the extent of their respective interests, as additional insureds and loss payees; provided, that so long as no Lease Event of Default has occurred and is continuing, any loss payable under the insurance policies required by this Section will be paid to Lessee. (b) If, during the Term, Term with respect to a Property the area in which a such Property is located is designated a "“flood-prone" ” area pursuant to the Flood Disaster Protection Act of 1973, or any amendments or supplements thereto, then Lessee shall comply with the National Flood Insurance Program as set forth in the Flood Disaster Protection Act of 1973. In addition, Lessee will fully comply with the requirements of the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, as each may be amended from time to time, and with any other Legal Requirement concerning flood insurance to the extent that it may apply to any such Property.

Hazard and Other Insurance. (a) During the TermTerm for each Property, Lessee shall keep, or cause to be kept, each such Property insured against loss or damage by fire and all other risks risks, and shall maintain builders' ’ risk insurance during construction of any Improvements or Modifications Modifications, in each case in amounts not less than the replacement value from time to time of such Property and on terms that (ai) are no less favorable than insurance covering other similar properties owned by Lessee and (bii) are then carried by similarly situated companies conducting business similar to that conducted by Lessee. The policies shall be endorsed to name Lessor, the Holders, Lessor and the Agent (for itself and on behalf of the LendersFinancing Parties), to the extent of their respective interests, as additional insureds and loss payees; provided, that so long as no Lease Event of Default has occurred and is continuing, any loss payable under the insurance policies required by this Section will be paid to Lessee. (b) If, If during the Term, Term with respect to a Property the area in which a such Property is located is designated a "“flood-prone" ” area pursuant to the Flood Disaster Protection Act of 1973, or any amendments or supplements thereto, then Lessee shall comply with the National Flood Insurance Program as set forth in the Flood Disaster Protection Act of 1973. In addition, Lessee will fully comply with the requirements of the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, as each may be amended from time to time, and with any other Legal Requirement concerning flood insurance to the extent that it may apply to any such Property.

Hazard and Other Insurance. (a) During the TermTerm for each Property, Lessee shall keep, or cause to be kept, each such Property insured against loss or damage by fire and all other risks risks, and shall maintain builders' ’ risk insurance during construction of any Improvements or Modifications Modifications, in each case in amounts not less than the replacement value from time to time of such Property and on terms that (ai) are no less favorable than insurance covering other similar properties owned by Lessee and (bii) are then carried by similarly situated companies conducting business similar to that conducted by Lessee. The policies shall be endorsed to name Lessor, the Holders, Lessor and the Agent (for itself and on behalf of the LendersFinancing Parties), to the extent of their respective interests, as additional insureds and loss payees; provided, that so long as no Lease Event of Default has occurred and is continuing, any loss payable under the insurance policies required by this Section will be paid to Lessee. (b) If, If during the Term, Term with respect to a Property the area in which a such Property is located is designated a "flood-prone" “flood‑prone” area pursuant to the Flood Disaster Protection Act of 1973, or any amendments or supplements thereto, then Lessee shall comply with the National Flood Insurance Program as set forth in the Flood Disaster Protection Act of 1973. In addition, Lessee will fully comply with the requirements of the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, as each may be amended from time to time, and with any other Legal Requirement concerning flood insurance to the extent that it may apply to any such Property.

Hazard and Other Insurance. (a) During the TermTerm for each Property, Lessee shall keep, or cause to be kept, each such Property insured against loss or damage by fire and other risks and shall maintain builders' risk insurance during construction of any Improvements or Modifications in amounts not less than the replacement value from time to time of such Property and on terms that (a) are no less favorable than insurance covering other similar properties owned by Lessee and (b) are then carried by similarly situated companies conducting business similar to that conducted by Lessee. Lessee shall not be required to maintain separate builder's insurance solely by reason of the Modifications to a Property if the cost of such Modifications will not exceed $100,000 in the aggregate. The policies shall be endorsed to name Lessor, Lessor (for itself and on behalf of the Holders, ) and the Agent (for itself and on behalf of the Lenders), to the extent of their respective interests, as additional loss payees; provided, that so long as no Lease Event of Default has occurred and is continuing, any loss payable under the insurance policies required by this Section will be paid to Lessee. (b) If, during the Term, Term with respect to a Property the area in which a such Property is located is designated a "flood-prone" area pursuant to the Flood Disaster Protection Act of 1973, or any amendments or supplements thereto, then Lessee shall comply with the National Flood Insurance Program as set forth in the Flood Disaster Protection Act of 1973. In addition, Lessee will fully comply with the requirements of the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, as each may be amended from time to time, and with any other Legal Requirement concerning flood insurance to the extent that it may apply to any such Property.

Hazard and Other Insurance. (a) During the TermTerm for each Property, Lessee shall keep, or cause to be kept, each such Property insured against loss or damage by fire and other risks and shall maintain builders' risk insurance during construction of any Improvements or Modifications in amounts not less than the replacement value Termination Value from time to time of such Property and on terms that (a) are no less favorable than insurance covering other similar properties owned by Lessee and (b) are then carried by similarly situated companies conducting business similar to that conducted by Lessee. Lessee shall not be required to maintain separate builder's insurance solely by reason of the Modifications to a Property if the cost of such Modifications will not exceed $100,000 in the aggregate. The policies shall be endorsed to name Lessor, Lessor (for itself and on behalf of the Holders, ) and the Agent (for itself and on behalf of the Lenders), to the extent of their respective interests, as additional loss payees; provided, that so long as no Lease Event of Default has occurred and is continuing, any loss payable under the insurance policies required by this Section will be paid to Lessee. (b) If, during the Term, Term with respect to a Property the area in which a such Property is located is designated a "flood-flood- prone" area pursuant to the Flood Disaster Protection Act of 1973, or any amendments or supplements thereto, then Lessee shall comply with the National Flood Insurance Program as set forth in the Flood Disaster Protection Act of 1973. In addition, Lessee will fully comply with the requirements of the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, as each may be amended from time to time, and with any other Legal Requirement concerning flood insurance to the extent that it may apply to any such Property.

Hazard and Other Insurance. (a) During the Term, Lessee shall keep, or cause to be kept, each Property insured against loss or damage by fire and other risks and shall maintain builders' ’ risk insurance during construction of any Improvements or Modifications in amounts not less than the replacement value from time to time of such Property and on terms that (a) are no less favorable than insurance covering other similar properties owned by Lessee and (b) are then carried by similarly situated companies conducting business similar to that conducted by Lessee. The policies shall be endorsed to name Lessor, the Holders, the Agent and the Lenders, to the extent of their respective interests, as additional loss payees; provided, that so long as no Lease Event of Default has occurred and is continuing, any loss payable under the insurance policies required by this Section will be paid to Lessee. (b) If, during the Term, the area in which a Property is located is designated a "flood-“flood- prone" ” area pursuant to the Flood Disaster Protection Act of 1973, or any amendments or supplements thereto, then Lessee shall comply with the National Flood Insurance Program as set forth in the Flood Disaster Protection Act of 1973. In addition, Lessee will fully comply with the requirements of the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973, as each may be amended from time to time, and with any other Legal Requirement concerning flood insurance to the extent that it may apply to any such Property.