Common use of Insurance Company Clause in Contracts

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 (a) shall be issued by companies authorized to do business in the State where the Property is located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company or “A-” or better by S&P; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as Lender and Mortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to which all payments made by such insurance company shall be paid; (c) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (d) shall contain a waiver of subrogation against Lender; (e) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest including endorsements providing that neither Borrower, Lender nor any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days prior written notice of any modification, reduction or cancellation and (f) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence of the existence and effectiveness of the Policies shall be delivered to Lender, at 300 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxx, on the date hereof with respect to the current Policies and within thirty (30) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s request, Borrower shall deliver copies (certified, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 (a5.1.1(i) shall be issued by companies authorized licensed to do business in the State state where the Property is Properties are located, with (1) a financial strength and claims paying ability rating of at least (x) “A:X from A.M. Best Company or “A-” or better by S&P, (y) if rated by Mxxxx’x, “A2” or better by Mxxxx’x and (z) if rated by any Rating Agencies other than S&P or Mxxxx’x, equivalent ratings (to the ratings specified in the immediately preceding subclauses (x) and (y)) by all such other Rating Agencies and (2) a rating of A:X or better in the current Best’s Insurance Reports; (bii) shall, with respect to all property insurance policies, name Lender Agent (on behalf of Lenders) and its successors and/or assigns as their interest may appear as Lender the Agent (on behalf of Lenders) and Mortgagee; (ciii) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender Agent (on behalf of Lenders) as the person to which whom all payments made by such insurance company shall be paid; (civ) shall, with respect to all liability policies, name Lender Agent (on behalf of Lenders) and its successors and/or assigns as an additional insured; (dv) shall contain a waiver of subrogation against LenderAgent; (evi) shall contain such provisions as Lender Agent deems reasonably necessary or desirable to protect its interest including endorsements providing (A) that neither Borrower, Agent, Lender nor any other party shall be a co-insurer under said Policies and Policies, (B) that Lender Agent shall receive at least thirty (30) days prior written notice of any modification, reduction or cancellation cancellation, and (fC) for a deductible per loss of an amount not more than that which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the general vicinity of such Property, but in no event in excess of an amount reasonably acceptable to Agent; and (vii) shall be reasonably satisfactory in form and substance to Lender Agent and shall be reasonably approved by Lender Agent as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence Notwithstanding the foregoing, with respect to Affiliated FM Insurance Company, the rating for S&P may be satisfied with a “BBBpi” rating. No insurance policy required hereunder shall include any so called “terrorist exclusion” or similar exclusion or exception to insurance coverage relating to the acts of terrorist groups or individuals; provided that, for so long TRIPRA is in effect, Agent shall accept terrorism insurance with coverage against acts which are “certified” within the existence meaning of TRIPRA. In addition to the insurance coverages described in Section 5.1.1 above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Agent in order to protect its interests and effectiveness which covers risks that are commonly insured for properties similar to the Properties located in or around the region in which the Properties are located. Certified copies of the Policies shall be delivered to Lender, Agent at 300 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxx, the address below (or to such other address or Person as Agent shall designate from time to time by notice to Borrower) on the date hereof with respect to the current Policies and within thirty (30) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s request: DEUTSCHE BANK AG, Borrower shall deliver copies (certifiedNEW YORK BRANCH, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). AS AGENT 60 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Attn: Kxxxx Xxxxxxxx Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender Agent evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender Agent (provided, however, that Borrower shall not be required to pay such Insurance Premiums nor or furnish such evidence of payment to Lender Agent in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by LenderAgent, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by LenderAgent, taking into consideration changes in the value of money over time, changes in liability laws, and changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 : (a) shall be issued by companies authorized licensed to do business in the State state or commonwealth where the Property is Properties are located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company or and “A-A” or better by S&PS&P and the equivalent rating by at least one other Rating Agency; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as Lender the lender and Mortgageemortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to which whom all payments made by such insurance company shall be paid; (cd) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (de) shall contain a waiver of subrogation against Lender; (ef) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest interest, including endorsements providing that neither none of any Borrower, Operating Lessee, Lender nor or any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellation cancellation; and (fg) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence Borrowers shall arrange for delivery of the existence and effectiveness of the Policies shall be delivered following materials to Lender, at 300 Xxxx Xxxxxxc/o UBS Real Estate Investments Inc., 0xx 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxxXxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with respect certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior to the current Policies expiration of any Policy, a certificate of insurance in form and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and (iii) within thirty sixty (3060) days after the effective date thereof with respect to all of any renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Upon Lender’s request, Borrower shall deliver copies (certified, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). Borrower Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower Borrowers shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) 5.1.1 above, Borrower Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 : (ai) shall be issued by companies authorized or licensed to do business in the State state where the Property is located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company or “A-” or better by S&PS&P and “A:X” or better by in the current Best’s Insurance Reports; provided, however for multi-layered policies, all carriers must have an “A:X” or better rating in the current Best’s Insurance Reports, and (A) if four (4) or fewer insurance companies issue the Policies, then at least 75% of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A-” or better by S&P and “A2” or better by Mxxxx’x, to the extent Mxxxx’x rates the insurance companies, with no carrier below “BBB” with S&P and “Baa2” by Mxxxx’x, to the extent Mxxxx’x rates the insurance companies, or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a rating of “A-” or better by S&P and “A2” or better by Mxxxx’x, to the extent Mxxxx’x rates the insurance companies, with no carrier below “BBB” with S&P and “Baa2” by Mxxxx’x, to the extent Mxxxx’x rates the insurance companies; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as Lender and Mortgagee; (cii) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Clause/Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to which whom all payments made by such insurance company shall be paid; (c) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (diii) shall contain a waiver of subrogation against Lender; (eiv) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest including endorsements providing (A) that neither Borrower, Lender nor any other party shall be a co-insurer under said Policies and (B) in addition to complying with any other requirements expressly set forth in Section 5.1 for a deductible per loss of an amount not more than that Lender shall receive at least thirty (30) days prior written notice which is customarily maintained by prudent owners of any modificationproperties with a standard of operation and maintenance comparable to and in the general vicinity of the Property, reduction or cancellation but in no event in excess of an amount reasonably acceptable to Lender; and (fv) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence of In addition to the existence and effectiveness insurance coverages described in Section 5.1.1 above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Complete copies of the Policies shall be delivered to Lender, Lender at 300 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxx, the address below (or to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the date hereof with respect to the current Policies and within thirty (30) days after the effective date thereof with respect to all renewal Policies: DBR INVESTMENTS CO. Upon Lender’s requestLIMITED 60 Xxxx Xxxxxx, Borrower shall deliver copies (certified00xx Xxxxx Xxx Xxxx, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). Xxx Xxxx 00000 Attn: Jxxxxx Xxxxxxx Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 5.1.1 (ai) shall be issued by companies authorized to do business in the State state where the Property is Properties are located, with (1) a financial strength and claims paying ability rating of at least (x) “A:X from A.M. Best Company or “A-” or better by S&P, , however for multi-layered policies, (A) if four (4) or less insurance companies issue the Policies, then at least 75% of the insurance coverage represented by the Policies must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P, with no carrier below “BBB” or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P, with no carrier below “BBB”, and (2) a rating of “A:X” or better in the current Best’s Insurance Reports; (bii) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as Lender and Mortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Clause/ Lender’s Loss Payable Endorsement, or their equivalents, naming Lender Agent (on behalf of Lenders) as the person to which whom all payments made by such insurance company shall be paid; (c) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (dii) shall contain a waiver of subrogation against LenderAgent; (eiv) shall contain such provisions as Lender Agent deems reasonably necessary or desirable to protect its interest including endorsements providing (A) that neither no Borrower, Agent, Lender nor or any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days prior written notice of any modificationPolicies, reduction or cancellation , and (fB) for a deductible per loss of an amount not more than that which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the general vicinity of such Property, but in no event in excess of an amount reasonably acceptable to Agent; and (v) shall be satisfactory in form and substance to Lender Agent and shall be approved by Lender Agent as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence In addition to the insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Agent in order to protect its interests. Certificates of the existence and effectiveness of insurance evidencing the Policies shall be delivered to Lender, Agent at 300 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxx, the address below (or to such other address or Person as Agent shall designate from time to time by notice to Borrowers) on the date hereof with respect to the current Policies and within thirty (30) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s request: Midland Loan Services Attn: Bank Servicing Group 00000 Xxxxxx, Borrower shall deliver copies (certifiedSuite 700 Overland Park, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). Borrower KS 66210 Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender Agent evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender Agent (provided, however, that no Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender Agent in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by LenderAgent, Borrower Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by LenderAgent, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 5.1.1 shall (a) shall be issued by financially sound and responsible insurance companies authorized to do business in the State states where the Property is located, with applicable Properties are located and having a financial strength and claims paying ability rating of at least A:X from A.M. Best Company “A3” or better by Xxxxx’x or, if Xxxxx’x does not provide a rating of an applicable insurance company, a rating of “A-” or better by S&P; S&P or Fitch, provided, however, that if Borrower elects to have its insurance coverage provided by a syndicate of insurers, then, if such syndicate consists of five (b5) shallor more members, with respect to all property (i) at least sixty percent (60%) of the insurance policies, name Lender coverage (or seventy-five percent (75%) if such syndicate consists of four (4) or fewer members) and its successors and/or assigns as their interest may appear as Lender and Mortgagee; one hundred (c100%) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as of the person to which all payments made by first layer of such insurance company coverage shall be paid; provided by insurance companies having a rating of “A3” or better by Xxxxx’x or, if Xxxxx’x does not provide a rating of an applicable insurance company, a rating of “A-” or better by S&P or Fitch and (cii) shallthe remaining forty percent (40%) of the insurance coverage 1.1, with respect Borrower shall obtain such other insurance as may from time to all liability policies, name time be reasonably required by Lender and its successors and/or assigns as an additional insured; (d) shall contain a waiver of subrogation against Lender; (e) shall contain such provisions as Lender deems reasonably necessary or desirable in order to protect its interest including endorsements providing that neither Borrower, Lender nor any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days prior written notice of any modification, reduction or cancellation and (f) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insuredsinterests. Evidence of the existence and effectiveness Copies of the Policies shall be delivered to Lender, Lender at 300 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxx, the address below (or to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the date hereof with respect to the current Policies and within thirty (30) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s request: GERMAN AMERICAN CAPITAL CORPORATION 00 Xxxx Xxxxxx, Borrower shall deliver copies (certified00xx Xxxxx Xxx Xxxx, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). Xxx Xxxx 00000 Attention: Xxxx Xxxxxxxx Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof6.3). In addition to the insurance coverages described in Section 5.1.1) above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 5.1.1 shall (ai) shall be issued by financially sound and responsible insurance companies authorized to do business in the State states where the Property is located, applicable Properties are located and having a rating of “A-:IX” or better with an outlook of “Positive” or “Stable” in the current Best’s Insurance Reports or a financial strength and claims paying ability rating of at least A:X from A.M. Best Company or “A-” or better by S&P; S&P or another Rating Agency selected by Lender, provided, however, that if Borrower elects to have its insurance coverage provided by a syndicate of insurers, then, if such syndicate consists of five (b5) shallor more members, with respect to all property (A) at least sixty percent (60%) of the insurance policies, name Lender coverage (or seventy-five percent (75%) if such syndicate consists of four (4) or fewer members) and its successors and/or assigns as their interest may appear as Lender and Mortgagee; one hundred (c100%) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as of the person to which all payments made by first layer of such insurance company coverage shall be paid; provided by insurance companies having a claims paying ability rating of “A-” or better by S&P and (cB) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; the remaining forty percent (d40%) of the insurance coverage (or the remaining twenty-five percent (25%) if such syndicate consists of four (4) or fewer members) shall contain be provided by insurance companies having a waiver claims paying ability rating of subrogation against Lender; (e) “BBB” or better by 5.1.1, Borrower shall contain obtain such provisions other insurance as may from time to time be reasonably required by Lender deems reasonably necessary or desirable in order to protect its interest including endorsements providing that neither Borrower, Lender nor any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days prior written notice of any modification, reduction or cancellation and (f) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insuredsinterests. Evidence of the existence and effectiveness Certified copies of the Policies shall be delivered to Lender, Lender at 300 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxx, the address below (or to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the date hereof with respect to the current Policies and within thirty (30) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s request: GERMAN AMERICAN CAPITAL CORPORATION 00 Xxxx Xxxxxx, Borrower shall deliver copies (certified00xx Xxxxx Xxx Xxxx, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). XX 00000 Attn: Xxxx Xxxxxxxx Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof6.3). In addition to the insurance coverages described in Section 5.1.1) above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 : (ai) shall be issued by companies authorized or licensed to do business in the State state where the Property is located, with a financial strength and claims paying ability rating of at least (1) “A:X from A.M. Best Company or “A-” or better by S&PS&P and (2) “A:X” or better in the current Best’s Insurance Reports; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as Lender and Mortgagee; (cii) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Clause/Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to which whom all payments made by such insurance company shall be paid; (c) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (diii) shall contain a waiver of subrogation against Lender; (eiv) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest including endorsements providing (A) that neither Borrower, Lender nor any other party shall be a co-insurer under said Policies and (B) in addition to complying with any other requirements expressly set forth in Section 5.1 for a deductible per loss of an amount not more than that Lender shall receive at least thirty (30) days prior written notice which is customarily maintained by prudent owners of any modificationproperties with a standard of operation and maintenance comparable to and in the general vicinity of the Property, reduction or cancellation but in no event in excess of an amount reasonably acceptable to Lender; and (fv) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence of In addition to the existence and effectiveness insurance coverages described in Section 5.1.1 above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Complete copies of the Policies shall be delivered to Lender, Lender at 300 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxx, the address below (or to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the date hereof with respect to the current Policies and within thirty (30) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s request: DBR Investments Co. Limited 1 Coxxxxxx Xxxxxx, Borrower shall deliver copies (certified00xx Xxxxx Xxx Xxxx, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). Xxx Xxxx 00000 Attn: Xxxxxx Xxxxxxx Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 : (ai) shall be issued by companies authorized permitted to do business in the State state where the Property is located, with a financial strength and claims paying ability rating of at least “A:X from A.M. Best Company or “A-” or better by S&PS&P (and the equivalent by all other Rating Agencies) (provided, however for multi-layered policies, (A) if four (4) or less insurance companies issue the Policies, then at least 75% of the insurance coverage represented by the Policies must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P (and the equivalent by all other Rating Agencies), with no carrier below “BBB” (and the equivalent by all other Rating Agencies) or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P (and the equivalent by all other Rating Agencies), with no carrier below “BBB” (and the equivalent by all other Rating Agencies), and a rating of A:X or better in the current Best’s Insurance Reports; (bii) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the Lender and Mortgagee; (ciii) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to which whom all payments made by such insurance company shall be paid; (civ) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (dv) shall contain a waiver of subrogation against Lender; (evi) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest including endorsements providing (A) that neither Borrower, Lender nor any other party shall be a co-insurer under said Policies and Policies, (B) that Lender shall receive at least thirty (30) days prior written notice of any modification, reduction or cancellation cancellation, and (fC) for a deductible per loss of an amount not more than that which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the general vicinity of the Property, but in no event in excess of an amount reasonably acceptable to Lender; and (vii) shall be reasonably satisfactory in form and substance to Lender and shall be reasonably approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence No insurance policy required hereunder shall include any so called “terrorist exclusion” or similar exclusion or exception to insurance coverage relating to the acts of terrorist groups or individuals; provided that, for so long TRIPRA is in effect, Lender shall accept terrorism insurance with coverage against acts which are “certified” within the meaning of TRIPRA. In addition to the insurance coverages described in Section 5.1.1 above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests provided that Lender is then requiring similar coverage for mortgage loans held by Lender covering property comparable to and in the general vicinity of the existence Property, but taking into account any unique features of the Property and effectiveness the Worldwide Plaza Amenities. Certified copies of the Policies shall be delivered to Lender, Lender at 300 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxx, the address below (or to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the date hereof with respect to the current Policies and within thirty (30) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s request: GERMAN AMERICAN CAPITAL CORPORATION 00 Xxxx Xxxxxx, Borrower shall deliver copies (certified00xx Xxxxx Xxx Xxxx, if available) XX 00000 Attn: Xxxx Xxxxxxxx Bank of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). America Xxxxxxx Xxxxx Global Markets Commercial Real Estate Servicing Group 000 Xxxx Xxxxx Xxxxxx XX0-000-00-00 Xxxxxxxxx, XX 00000 Attn: Xxxxxxx X. Xxxxxxx, Commercial Real Estate Servicing Group Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, practices provided that Lender is then requiring similar coverage for mortgage loans held by Lender covering property comparable to and in the like. Absent a change in circumstances relating to general vicinity of the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to but taking into account any unique features of the effective date thereof or Property and the renewal thereof, as applicableWorldwide Plaza Amenities.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 5.1.1(a) (ai) shall be issued by companies authorized eligible to do business in the State state where the Property is located, with a financial strength and claims paying ability rating of at least “A:X from A.M. Best Company or “A-” or better by S&P; S&P (band, if the Loan is part of a Securitization, the equivalent by any other Rating Agency that actually provides insurance ratings for such carriers), provided, however for multi-layered policies (“Multi-Layered Policies”), (A) shallif four (4) or less insurance companies issue the Policies, then at least seventy-five percent (75%) of the insurance coverage represented by the Policies must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P (and, if the Loan is part of a Securitization, the equivalent by any other Rating Agency that actually provides insurance ratings for such carriers), with respect to all property no carrier below “BBB” (and, if the Loan is part of a Securitization, the equivalent by any other Rating Agency that actually provides insurance policies, name Lender and its successors and/or assigns as their interest may appear as Lender and Mortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsementratings for such carriers), or their equivalents(B) if five (5) or more insurance companies issue the (a) herein is acceptable as of the date hereof. Notwithstanding the foregoing, naming Lender as the person to which all payments made by such insurance company acknowledges and agrees that Borrower shall be paidpermitted to maintain the Policies with FM Global; provided, however, if after the date hereof FM Global is downgraded by Best Insurance Reports to below A:XIV or S&P downgrades FM Global to below a rating of Api, then within sixty (c60) shalldays of either such downgrade Borrower shall be required to obtain the Policies from insurance companies that comply with the requirements set forth above. No insurance policy required hereunder shall include any so called “terrorist exclusion” or similar exclusion or exception to insurance coverage, with respect or if excluded, a standalone insurance policy providing coverage relating to all liability policiesthe acts of terrorist groups or individuals; provided that, name Lender for so long TRIPRA is in effect and its successors and/or assigns as an additional insured; (d) shall contain a waiver of subrogation against Lender; (e) shall contain such provisions as Lender deems reasonably necessary or desirable continues to protect its interest including endorsements providing that neither Borrowercover foreign and domestic acts, Lender nor any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days prior written notice accept terrorism insurance with coverage against acts which are “certified” within the meaning of any modification, reduction or cancellation and (f) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insuredsTRIPRA. Evidence of the existence and effectiveness Copies of the Policies shall be delivered to Lender, Lender at 300 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxx, the address below (or to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the date hereof with respect to the current Policies and within thirty ten (3010) days Business Days after the effective date receipt by Borrower thereof with respect to all renewal Policies. Upon Lender’s request: Xxxxx Fargo Bank, Borrower shall deliver copies (certifiedN.A. Commercial Mortgage Insurance Department X.X. Xxx 0000 Xxxxxxx, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). Xxxxxxxxxx 00000 Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.15. I. I (ai) shall be issued by companies authorized to do business in the State state where the Property is located, with a financial strength and claims paying ability rating of at least (A:X from A.M. ) "A-:VIII" from A. M. Best Company or “"A3" (or the equivalent) from Xxxxx'x Investors Service, Inc. and (B) "A-” or better by S&P" from Standard & Poor's Ratings Service; (bii) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as Lender lender and Mortgageemortgagee; (ciii) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s 's Loss Payable Endorsement, or their equivalents, naming Lender and its successors and/or assigns as the person to which whom all payments made by such insurance company shall be paid; (civ) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (dv) shall contain a waiver of subrogation against Lender; (evi) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest including endorsements providing (A) that neither Borrower, Lender nor any other party shall be a co-insurer under said Policies and Policies, (B) that Lender shall receive at least thirty (30) days days' prior written notice of any modification, reduction or cancellation cancellation, and (fC) for a deductible per loss of an amount not more than that which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the general vicinity of the Property, which amount shall be reasonably acceptable to Lender and in no event, shall be greater than 5% of the Full Replacement Cost; and (vii) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence No property or rental loss/business interruption insurance policy required hereunder shall include any so called "terrorist exclusion" or similar exclusion or exception to insurance coverage relating to the acts of the existence and effectiveness terrorist groups or individuals. Certified copies of the Policies shall be delivered to Lender, at 300 Xxxx 0000 Xxxxxxxxxx Xxxxxx, 0xx Xxxxx 000, Xxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx Xxxxxxx 00000, Attention: Pxxxxx XxXxxxxxx, on the date hereof with respect to the current Policies and within thirty (30) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s request, Borrower shall deliver copies (certified, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) 5.1.1 above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 : (a) shall be issued by companies authorized licensed to do business in the State state or commonwealth where the Property is Properties are located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company or and “A-A” or better by S&PS&P and the equivalent rating by at least one other Rating Agency; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as Lender the lender and Mortgageemortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to which whom all payments made by such insurance company shall be paid; (cd) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (de) shall contain a waiver of subrogation against Lender; (ef) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest interest, including endorsements providing that neither none of any Borrower, Operating Lessee, Lender nor or any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellation cancellation; and (fg) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence Borrowers shall arrange for delivery of the existence and effectiveness of the Policies shall be delivered following materials to Lender, at 300 Xxxx Xxxxxxc/o UBS Real Estate Investments Inc., 0xx 1285 Avenue of the Axxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxxRxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof hereof, certificates of insurance in form and substance reasonably acceptable to Lender evidencing the coverage provided by the Pool 2 Policies, together with respect certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior to the current Policies expiration of any Policy, a certificate of insurance in form and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and (iii) within thirty sixty (3060) days after the effective date thereof with respect to all of any renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Upon Lender’s request, Borrower shall deliver copies (certified, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). Borrower Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower Borrowers shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) 5.1.1 above, Borrower Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All The Policies required to be maintained by Borrower pursuant to Section 5.1.1 (a) shall be issued by financially sound and responsible insurance companies authorized to do business in the State where state in which the Property is located, with located and having a financial strength and claims paying ability rating of at least “A:X ” or better by S&P and, to the extent rated by Xxxxx’x and/or Fitch, the equivalent rating from A.M. Best Company or each of Xxxxx’x and/or Fitch, as applicable (provided, however, that the Policies for general liability insurance set forth in subsections (a)(ii), (a)(v), (a)(vii) and (a)(viii) above shall be issued by insurance companies having a claims paying ability rating of “A-” or better by S&P; S&P and, to the extent rated by Xxxxx’x and/or Fitch, the equivalent rating from each of Xxxxx’x and/or Fitch, as applicable). If a Securitization occurs, (bi) shallthe foregoing required insurance company rating by a Rating Agency not rating any Securities shall be disregarded and (ii) if the insurance company complies with the aforesaid S&P required rating (and S&P is rating the Securities) and the other Rating Agencies rating the Securities do not rate the insurance company, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as Lender and Mortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to which all payments made by such insurance company shall be paid; (c) shall, deemed acceptable with respect to all liability policiessuch Rating Agency not rating such insurance company. Notwithstanding the foregoing, name Lender and its successors and/or assigns as an additional insured; (d) shall contain a waiver of subrogation against Lender; (e) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest including endorsements providing that neither Borrower, Lender nor any other party Borrower shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days prior written notice of any modification, reduction or cancellation and (f) shall be satisfactory in form and substance permitted to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence of the existence and effectiveness of maintain the Policies shall be delivered to Lenderwith insurance companies which do not meet the foregoing requirements (an “Otherwise Rated Insurer”), at 300 Xxxx Xxxxxxprovided Borrower obtains a “cut-through” endorsement (that is, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxx, on an endorsement which permits recovery against the date hereof provider of such endorsement) with respect to any Otherwise Rated Insurer from an insurance company which meets the current Policies and within thirty claims paying ability ratings required above. Moreover, if Borrower desires to maintain insurance required hereunder from an insurance company which does not meet the claims paying ability ratings set forth herein but the parent of such insurance company, which owns at least fifty-one percent (3051%) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s requestof such insurance company, maintains such ratings, Borrower shall deliver copies may use such insurance companies if approved by the Rating Agencies (certified, if available) of such approval may be conditioned on items required by the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). Borrower shall pay Rating Agencies including a requirement that the Insurance Premiums annually in advance as parent guarantee the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence obligations of such payment reasonably satisfactory to Lender (provided, however, that Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereofinsurance company). In addition to the insurance coverages described in Section 5.1.1) above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All The Policies required to be maintained by Borrower pursuant to Section 5.1.1 (a) shall be issued by financially sound and responsible insurance companies authorized to do business in the State where state in which the Property is located, with located and having a financial strength and claims paying ability rating of at least “A:X ” or better by S&P and, to the extent rated by Xxxxx’x and or Fitch, the equivalent rating from A.M. Best Company or each of Xxxxx’x and/or Fitch, as applicable (provided, however, that the Policies for general liability insurance set forth in subsections (a)(ii), (a)(v), (a)(vii) and (a)(viii) above shall be issued by insurance companies having a claims paying ability rating of “A-” or better by S&P; S&P and, to the extent rated by Xxxxx’x and or Fitch, the equivalent rating from each of Xxxxx’x and/or Fitch, as applicable). If a Securitization occurs, (bi) shallthe foregoing required insurance company rating by a Rating Agency not rating any Securities shall be disregarded and (ii) if the insurance company complies with the aforesaid S&P required rating (and S&P is rating the Securities) and the other Rating Agencies rating the Securities do not rate the insurance company, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as Lender and Mortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to which all payments made by such insurance company shall be paid; (c) shall, deemed acceptable with respect to all liability policiessuch Rating Agency not rating such insurance company. Notwithstanding the foregoing, name Lender and its successors and/or assigns as an additional insured; (d) shall contain a waiver of subrogation against Lender; (e) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest including endorsements providing that neither Borrower, Lender nor any other party Borrower shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days prior written notice of any modification, reduction or cancellation and (f) shall be satisfactory in form and substance permitted to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence of the existence and effectiveness of maintain the Policies shall be delivered to Lenderwith insurance companies which do not meet the foregoing requirements (an “Otherwise Rated Insurer”), at 300 Xxxx Xxxxxxprovided Borrower obtains a “cut-through” endorsement (that is, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxx, on an endorsement which permits recovery against the date hereof provider of such endorsement) with respect to any Otherwise Rated Insurer from an insurance company which meets the current Policies and within thirty claims paying ability ratings required above. Moreover, if Borrower desires to maintain insurance required hereunder from an insurance company which does not meet the claims paying ability ratings set forth herein but the parent of such insurance company, which owns at least fifty-one percent (3051%) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s requestof such insurance company, maintains such ratings, Borrower shall deliver copies may use such insurance companies if approved by the Rating Agencies (certified, if available) of such approval may be conditioned on items required by the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). Borrower shall pay Rating Agencies including a requirement that the Insurance Premiums annually in advance as parent guarantee the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence obligations of such payment reasonably satisfactory to Lender (provided, however, that Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereofinsurance company). In addition to the insurance coverages described in Section 5.1.1) above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 : (ai) shall be issued by companies authorized or licensed to do business in the State state where the Property is located, with a financial strength and claims paying ability rating of at least (1) “A:X from A.M. Best Company or “A-” or better by S&PS&P and (2) “A:X” or better in the current Best’s Insurance Reports; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as Lender and Mortgagee; (cii) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Clause/Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to which whom all payments made by such insurance company shall be paid; (c) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (diii) shall contain a waiver of subrogation against Lender; (eiv) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest including endorsements Table of Contents providing (A) that neither no Borrower, Lender nor or any other party shall be a co-insurer under said Policies and (B) in addition to complying with any other requirements expressly set forth in Section 5.1 for a deductible per loss of an amount not more than that Lender shall receive at least thirty (30) days prior written notice which is customarily maintained by prudent owners of any modificationproperties with a standard of operation and maintenance comparable to and in the general vicinity of such Property, reduction or cancellation but in no event in excess of an amount reasonably acceptable to Lender; and (fv) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence of In addition to the existence and effectiveness insurance coverages described in Section 5.1.1 above, Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Complete copies of the Policies shall be delivered to Lender, Lender at 300 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxx, the address below (or to such other address or Person as Lender shall designate from time to time by notice to Borrowers) on the date hereof with respect to the current Policies and within thirty (30) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s request: DBR Investments Co. Limited 00 Xxxx Xxxxxx, Borrower shall deliver copies (certified00xx Xxxxx Xxx Xxxx, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). Borrower Xxx Xxxx 00000 Attn: Xxxxxx Xxxxxxx Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that no Borrower shall not be required to pay such Insurance Premiums nor or furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. (a) All Policies required to be maintained by Borrower pursuant to Section 5.1.1 (a) 5.1.1 shall be issued by companies authorized to do business in the State state where the Property is located, with a financial strength and claims paying ability rating of at least “A:X from A.M. Best Company or “A-” or better by S&P; provided, however for multi-layered policies, (bA) if four (4) or less insurance companies issue the Policies, then at least 75% of the insurance coverage represented by the Policies must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P, with no carrier below “BBB” or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P, with no carrier below “BBB.” Borrower shall be permitted to maintain the Policies required hereunder with insurance companies which do not meet the foregoing requirements (an "Otherwise Rated Insurer"), provided Borrower obtains reinsurance with an industry standard "cut-through" endorsement (that is, an endorsement which permits recovery against the provider of such endorsement if the insurer becomes insolvent) with respect to any Otherwise Rated Insurer from an insurance company which meets the claims-paying ability ratings required above or such higher rating as may be required by a Rating Agency. Notwithstanding the foregoing, (A) solely with respect to property insurance coverage in excess of the primary layer, up to ten percent (10%) of the total amount of the required amount of coverage may be provided by carriers that do not satisfy the minimum rating by S&P of not lower than BBB, so long as such carriers maintain a Best’s Insurance Reports rating of “A:X” or better and (B) Ironshore Specialty Insurance Company (“Ironshore”), rated “A: XIV” with Best’s Insurance Reports and “Baa1” with Xxxxx’x, shall be an acceptable insurance company with respect to the Required Flood Insurance and the other property insurance coverage in its current position and participation amount within the syndicate provided the ratings are not withdrawn or downgraded below those in effect on the date hereof. In addition, all Policies required pursuant to Section 5.1.1: (i) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the Lender and Mortgagee; (cii) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to which whom all payments made by such insurance company shall be paid; (ciii) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (div) shall contain a waiver of subrogation against Lender; (ev) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest including endorsements providing (A) that neither Borrower, Lender nor any other party shall be a co-insurer under said Policies and Policies, (B) that Lender shall receive at least thirty (30) days prior written notice of any modification, reduction or cancellation cancellation, and (fC) for a deductible per loss of an amount not more than that which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the general vicinity of the Property, but in no event in excess of an amount reasonably acceptable to Lender; and (vi) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence For so long TRIPRA is in effect, Lender shall accept terrorism insurance with coverage against acts which are “certified” within the meaning of TRIPRA. In addition to the existence and effectiveness insurance coverages described in Section 5.1.1 above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. (b) Upon the written request of Lender, copies of the Policies to the extent Borrower has possession of such Policies (and, if not in possession of by Borrower, promptly upon issuance by the insurance companies and delivery of such Policies to Borrower), certified by Borrower as true copies, shall be delivered to Lender, Lender at 300 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxx, the address below (or to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the date hereof with respect to the current Policies and within thirty (30) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s request: GERMAN AMERICAN CAPITAL CORPORATION 00 Xxxx Xxxxxx, Borrower shall deliver copies (certified00xx Xxxxx Xxx Xxxx, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). XX 00000 Attn: Xxxx Xxxxxxxx Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 5.1.1 (ai) shall be issued by companies authorized licensed to do business in the State state where the Property is Properties are located, with (1) a financial strength and claims paying ability rating of at least A:X from A.M. Best Company or (x) “A-” or better by S&P, (y) if rated by Mxxxx’x, “A2” or better by Mxxxx’x or (z) if rated by any Rating Agencies other than S&P or Mxxxx’x, equivalent ratings (to the ratings specified in the immediately preceding subclauses (x) and (y)) by all such other Rating Agencies, and (2) a rating of A:X or better in the current Best’s Insurance Reports; (bii) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the Lender and Mortgagee; (ciii) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to which whom all payments made by such insurance company shall be paid; (civ) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (dv) shall contain a waiver of subrogation against Lender; (evi) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest including endorsements providing (A) that neither no Borrower, Operating Lessee, Lender nor or any other party shall be a co-insurer under said Policies and Policies, (B) that Lender shall receive at least thirty (30) days prior written notice of any modification, reduction or cancellation cancellation, except ten (10) days for nonpayment, and (fC) for a deductible per loss of an amount not more than that which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the general vicinity of such Property, but in no event in excess of an amount reasonably acceptable to Lender; and (vii) shall be reasonably satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence No insurance policy required hereunder shall include any so called “terrorist exclusion” or similar exclusion or exception to insurance coverage relating to the acts of terrorist groups or individuals; provided that, for so long TRIPRA is in effect, Lender shall accept terrorism insurance with coverage against acts which are “certified” within the existence and effectiveness meaning of TRIPRA. In addition to the insurance coverages described in Section 5.1.1 above, Borrowers and/or Operating Lessees shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Certified copies of the Policies shall be delivered to Lender at the address below (or to such other address or Person as Lender shall designate from time to time by notice to Borrowers or Operating Lessees) within ten (10) Business Days after Lender, at 300 ’s written request to Borrowers or Operating Lessees for such copies: GERMAN AMERICAN CAPITAL CORPORATION 60 Xxxx Xxxxxx, 0xx Xxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000, AttentionXX 00000 Attn: Pxxxxx XxXxxxxxx, on the date hereof with respect to the current Policies and within thirty (30) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s request, Borrower shall deliver copies (certified, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). Borrower Mxxx Xxxxxxxx Borrowers and/or Operating Lessees shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that no Borrower or Operating Lessee shall not be required to pay such Insurance Premiums nor or furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower Borrowers and/or Operating Lessees shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 5.1.1 (ai) shall be issued by companies authorized to do business in the State state where the Property is located, with a financial strength and claims paying ability rating of at least A:X "A-:VIII" from A.M. Best Company or “"A" from Xxxxx'x Investors Service, Inc. or "A-” or better by S&P" from Standard & Poor's Ratings Service; (bii) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as Lender lender and Mortgageemortgagee; (ciii) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s 's Loss Payable Endorsement, or their equivalents, naming Lender and its successors and/or assigns as the person to which whom all payments made by such insurance company shall be paid; (civ) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (dv) shall contain a waiver of subrogation against Lender; (evi) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest including endorsements providing (A) that neither Borrower, Lender nor any other party shall be a co-insurer under said Policies and Policies, (B) that Lender shall receive at least thirty (30) days days' prior written notice of any modification, reduction or cancellation cancellation, and (fC) for a deductible per loss of an amount not more than that which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the general vicinity of the Property, but in no event in excess of an amount reasonably acceptable to Lender; and (vii) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence No property or rental loss/business interruption insurance policy required hereunder shall include any so called "terrorist exclusion" or similar exclusion or exception to insurance coverage relating to the acts of the existence and effectiveness terrorist groups or individuals. Certified copies of the Policies shall be delivered to Lender, at 300 Xxxx 0000 Xxxxxxxxxx Xxxxxx, 0xx Xxxxx 000, Xxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx Xxxxxxx 00000, Attention: Pxxxxx XxXxxxxxx, on the date hereof with respect to the current Policies and within thirty (30) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s request, Borrower shall deliver copies (certified, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) 5.1.1 above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 5.1.1 (ai) shall be issued by companies authorized licensed to do business in the State state where the Property is located, with a financial strength and claims paying ability rating of at least "A" or better 'by S&P (and the equivalent by all other Rating Agencies), or a rating of A:X from A.M. Best Company or “A-” or better by S&Pin the current Best's Insurance Reports; (bii) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as Lender the lender and Mortgageemortgagee; (ciii) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s 's Loss Payable Endorsement, or their equivalents, naming Lender as the person to which whom all payments made by such insurance company shall be paid; (civ) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (dv) shall contain a waiver of subrogation against Lender; (evi) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest including endorsements providing (A) that neither Borrower, Lender nor any other party shall be a co-insurer under said Policies and Policies, (B) that Lender shall receive at least thirty (30) days prior written notice of any modification, reduction or cancellation cancellation, and (fC) for a deductible per loss of an amount not more than that which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the general vicinity of the Property, but in no event in excess of an amount reasonably acceptable to Lender; and (vii) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence No insurance policy required hereunder shall include any so called "terrorist exclusion" or similar exclusion or exception to insurance coverage relating to the acts of terrorist groups or individuals; provided that, for so long TRIPRA is in effect, Lender shall accept terrorism insurance with coverage against acts which are "certified" within the existence and effectiveness meaning of TRIPRA. In addition to the insurance coverages described in Section 5.1.1 above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Certified copies of the Policies shall be delivered to Lender, Lender at 300 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxx, the address below (or to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the date hereof with respect to the current Policies and within thirty (30) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s request: Arbor Commercial Mortgage LLC 000 Xxxxx Xxxxxxxx Boulevard Uniondale, Borrower shall deliver copies (certifiedNew York 11553 Attn: Xxxx X. Xxxxxx, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies)Xx. Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, laws or changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 : (a) shall be issued by companies authorized licensed to do business in the State state or commonwealth where the Property is Properties are located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company or and “A-A” or better by S&PS&P and the equivalent rating by at least one other Rating Agency; (b) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as Lender the lender and Mortgageemortgagee; (c) shall, with respect to all property insurance policies and rental loss and/or business income interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to which whom all payments made by such insurance company shall be paid; (cd) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (de) shall contain a waiver of subrogation against Lender; (ef) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest interest, including endorsements providing that neither none of any Borrower, Operating Lessee, Lender nor or any other party shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days days’ (or, in the case of cancellation for non-payment of any premium, ten (10) days’) prior written notice of any modification, reduction or cancellation cancellation; and (fg) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence Borrowers shall arrange for delivery of the existence and effectiveness of the Policies shall be delivered following materials to Lender, at 300 Xxxx Xxxxxxc/o UBS Real Estate Investments Inc., 0xx 1285 Avenue of the Axxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxxRxxxxx Xxxxxxxxx, Director: (i) on or before the date hereof hereof, certificates of insurance in Pool 1 form and substance reasonably acceptable to Lender evidencing the coverage provided by the Policies, together with respect certified copies of the Policies or true and correct specimens of the Policies, (ii) not less than ten (10) days prior to the current Policies expiration of any Policy, a certificate of insurance in form and substance reasonably acceptable to Lender evidencing the renewal of such Policy and describing the coverage provided by such Policy, and (iii) within thirty sixty (3060) days after the effective date thereof with respect to all of any renewal Policies, certified copies of such Policies or true and correct specimens of such Policies. Upon Lender’s request, Borrower shall deliver copies (certified, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). Borrower Borrowers shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower Borrowers shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) 5.1.1 above, Borrower Borrowers shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower Borrowers shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All The Policies required to be maintained by Borrower pursuant to Section 5.1.1 (a) shall be issued by financially sound and responsible insurance companies authorized permitted to do business in the State where the in which each Individual Property is located. For so long as six (6) or more insurance carriers are providing the Policies, with at least sixty percent (60%) of such coverage shall be provided by insurance companies having a financial strength and claims paying ability rating of at least A:X from A.M. Best Company or “A-” or better by S&P with the remaining forty percent (40%) of such coverage being provided by insurance companies having a claims paying ability rating of “BBB-” or better by S&P; (b) shallprovided, however, with respect to all property the first One Hundred Million and No/l00 Dollars ($100,000,000.00) of coverage under such Policies, not more than twenty percent (20%) of such coverage shall be provided by insurance policiescompanies with a claims paying ability rating lower than “A-” by S&P (but in no event lower than “BBB-” by S&P). In the event that five (5) or fewer insurance earners are providing the Policies, name Lender each insurance company providing such coverage shall have with a claims paying ability rating of “A-” or better by S&P. If a Securitization occurs, (i) the foregoing required insurance company rating by a Rating Agency not rating any Securities shall be disregarded and its successors and/or assigns as their interest may appear as Lender (ii) if the insurance company complies with the aforesaid S&P required rating (and Mortgagee; (cS&P is rating the Securities) shalland the other Rating Agencies rating the Securities do not rate the insurance company, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to which all payments made by such insurance company shall be paid; (c) shall, deemed acceptable with respect to all liability policiessuch Rating Agency not rating such insurance company. Notwithstanding the foregoing, name Lender and its successors and/or assigns as an additional insured; (d) shall contain a waiver of subrogation against Lender; (e) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest including endorsements providing that neither Borrower, Lender nor any other party Borrower shall be a co-insurer under said Policies and that Lender shall receive at least thirty (30) days prior written notice of any modification, reduction or cancellation and (f) shall be satisfactory in form and substance permitted to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence of the existence and effectiveness of maintain the Policies shall be delivered to Lenderwith insurance companies which do not meet the foregoing requirements (an “Otherwise Rated Insurer”), at 300 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxx, on provided Borrower obtains a “cut-through” endorsement (that is an endorsement which permits recovery against the date hereof provider of such endorsement) with respect to any Otherwise Rated Insurer from an insurance company which meets the current Policies and within thirty claims paying ability ratings required above. Moreover, if Borrower desires to maintain insurance required hereunder from an insurance company which does not meet the claims paying ability ratings set forth herein but the parent of such insurance company, which owns at least fifty-one percent (3051%) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s requestof such insurance company, maintains such ratings, Borrower shall deliver copies may use such insurance companies if approved by the Rating Agencies (certified, if available) of such approval may be conditioned on items required by the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). Borrower shall pay Rating Agencies including a requirement that the Insurance Premiums annually in advance as parent guarantee the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence obligations of such payment reasonably satisfactory to Lender (provided, however, that Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereofinsurance company). In addition to the insurance coverages described in Section 5.1.1) above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 5.1.1 (ai) shall be issued by companies authorized to do business in the State state where the Property is located, with a financial strength and claims paying ability rating of at least A:X “A-:VIII” from A.M. Best Company or “A” from Mxxxx’x Investors Service, Inc. or “A-” or better by S&Pfrom Standard & Poor’s Ratings Service; (bii) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as Lender and Mortgagee; (ciii) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender and its successors and/or assigns as the person to which whom all payments made by such insurance company shall be paid; (civ) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (dv) shall contain a waiver of subrogation against Lender; (evi) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest including endorsements providing (A) that neither Borrower, Lender nor any other party shall be a co-insurer under said Policies and Policies, (B) that Lender shall receive at least thirty (30) days prior written notice of any modification, reduction or cancellation cancellation, and (fC) for a deductible per loss of an amount not more than that which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the general vicinity of the Property, but in no event in excess of an amount reasonably acceptable to Lender; and (vii) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence No property or rental loss/business interruption insurance policy required hereunder shall include any so called “terrorist exclusion” or similar exclusion or exception to insurance coverage relating to the acts of the existence and effectiveness terrorist groups or individuals. Certified copies of the Policies shall be delivered to Lender, at 300 Xxxx 1000 Xxxxxxxxxx Xxxxxx, 0xx Xxxxx 000, Xxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx Xxxxxxx 00000, Attention: Pxxxxx XxXxxxxxx, on the date hereof with respect to the current Policies and within thirty (30) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s request, Borrower shall deliver copies (certified, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) 5.1.1 above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 5.1.1 (ai) shall be issued by companies authorized licensed to do business in the State state where the Property is located, with a financial strength and claims paying ability rating of at least “A:X from A.M. Best Company or “A-” or better by S&PS&P (and the equivalent by any other Rating Agency) (provided, however for multi-layered policies, (A) if four (4) or less insurance companies issue the Policies, then at least 75% of the insurance coverage represented by the Policies must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P (and the equivalent by any other Rating Agency), with no carrier below “BBB” (and the equivalent by any other Rating Agency) or (B) if five (5) or more insurance companies issue the Policies, then at least sixty percent (60%) of the insurance coverage represented by the Policies must be provided by insurance companies with a claims paying ability rating of “A” or better by S&P (and the equivalent by any other Rating Agency), with no carrier below “BBB” (and the equivalent by any other Rating Agency), and a rating of A:X or better in the current Best’s Insurance Reports; (bii) shall, with respect to all property insurance policies, name Lender and its successors and/or assigns as their interest may appear as the Lender and Mortgagee; (ciii) shall, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming Lender as the person to which whom all payments made by such insurance company shall be paid; (civ) shall, with respect to all liability policies, name Lender and its successors and/or assigns as an additional insured; (dv) shall contain a waiver of subrogation against Lender; (evi) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest including endorsements providing (A) that neither Borrower, Lender nor any other party shall be a co-insurer under said Policies and Policies, (B) that Lender shall receive at least thirty (30) days prior written notice of any modification, reduction or cancellation cancellation, and (fC) for a deductible per loss of an amount not more than that which is customarily maintained by prudent owners of properties with a standard of operation and maintenance comparable to and in the general vicinity of the Property, but in no event in excess of an amount reasonably acceptable to Lender; and (vii) shall be satisfactory in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence No insurance policy required hereunder shall include any so called “terrorist exclusion” or similar exclusion or exception to insurance coverage relating to the acts of terrorist groups or individuals; provided that, for so long TRIA is in effect, Lender shall accept terrorism insurance with coverage against acts which are “certified” within the existence and effectiveness meaning of TRIA. In addition to the insurance coverages described in Section 5.1.1 above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Certified copies of the Policies shall be delivered to Lender, Lender at 300 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxx, the address below (or to such other address or Person as Lender shall designate from time to time by notice to Borrower) on the date hereof with respect to the current Policies and within thirty (30) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s request: GERMAN AMERICAN CAPITAL CORPORATION 00 Xxxx Xxxxxx, Borrower shall deliver copies (certified00xx Xxxxx Xxx Xxxx, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). XX 00000 Attn: Xxxx Xxxxxxxx Borrower shall pay the Insurance Premiums annually in advance as the same become due and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts for the payment of the Insurance Premiums or other evidence of such payment reasonably satisfactory to Lender (provided, however, that Borrower shall not be required to pay such Insurance Premiums nor furnish such evidence of payment to Lender in the event that the amounts required to pay such Insurance Premiums have been deposited into the Insurance Account pursuant to Section 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) above, Borrower shall obtain such other insurance as may from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lender, Borrower shall obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Lender, taking into consideration changes in the value of money over time, changes in liability laws, changes in prudent customs and practices, and the like. Absent a change in circumstances relating to the Property, Lender agrees that all requests for changes in coverages will be provided to Borrower no later than ninety (90) days prior to the effective date thereof or the renewal thereof, as applicable.