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 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 77 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: (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 (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 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 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&PS&P and (y) “A2” or better by Moody’s, to the extent Moody’s rates the Securities and the applicable insurance company (provided, however for multi-layered policies, (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 Moody’s, to the extent Moody’s rates the Securities and the applicable insurance company, with no carrier below “BBB” by S&P and “Baa2” or better by Moody’s, to the extent Moody’s rates the Securities and the applicable insurance company, 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 Moody’s, to the extent Moody’s rates the Securities and the applicable insurance company, with no carrier below “BBB” by S&P and “Baa2” or better by Moody’s, to the extent Moody’s rates the Securities and the applicable insurance company, and (2) a rating of 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 Mortgage 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, Mortgage Borrower, Lender nor any other party shall be a co-insurer under said Policies and (B) 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 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 of In addition to the existence insurance coverages described in Section 5.1.1 above, Borrower shall obtain (or cause Mortgage Borrower to obtain) such other insurance as may from time to time be reasonably required by Lender in order to protect its interests and effectiveness which covers risks that are commonly insured for properties similar to the Property located in and around the region in which the Property is located. 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: Deutsche Bank AG, New York Branch 00 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxxx Xxxxxxxx Borrower shall deliver copies (certified, if available) of the Policies (redacted as necessary cause Mortgage Borrower 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 Mortgage 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 hereofof the Mortgage Loan Agreement). 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 (or cause Mortgage Borrower to 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 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.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 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 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; (ci) shall, with respect to all property insurance policies and rental loss income and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming including providing that Lender as is 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 Lender; (eiii) 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) except as otherwise specified herein, 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 modification, reduction or cancellation properties with a standard of operation and (f) shall be satisfactory maintenance comparable to and in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence the general vicinity of the existence and effectiveness applicable Individual Property, but in no event in excess of the Policies an amount reasonably acceptable to Lender. Certificates of insurance shall be delivered to Lender, at 300 x/x Xxxxxxxx Xxxx XX, Xxx Xxxx Xxxxxx, 0xx 00 Xxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx XX 00000, AttentionAttn: Pxxxxx XxXxxxxxxXxxxx Xxxxxxxx, on the date hereof with respect to the current Policies and within thirty fifteen (3015) days Business Days after the effective date thereof with respect to all renewal Policies. Upon Lender’s request, Borrower shall deliver copies (certified, if availablei) cause the payment of the premiums with respect to the Policies (redacted as necessary the “Insurance Premiums”) to remove information regarding other properties covered by blanket policies). Borrower shall pay the Insurance Premiums annually in advance be timely paid as the same become due and payable and (ii) prior to expiration shall furnish to Lender Lender, upon Lender’s written demand, evidence of the renewal of each of the Policies with reasonably satisfactory to Lender, and (iii) furnish to Lender receipts for the timely 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). If Borrower does not furnish evidence of the renewal of such Policies prior to expiration, upon Lender’s written demand for such evidence then Lender may, but shall not be obligated to, procure such insurance and Borrower shall reimburse Lender for the cost of such Insurance Premiums promptly on demand, with interest accruing at the Default Rate from the date expended. In addition to addition, (i) after the insurance coverages described in Section 5.1.1occurrence of a Casualty or (ii) aboveif requested by a Rating Agency, 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 make the redacted Policies available for review by Lender, Borrower such Rating Agency or their respective representatives, upon reasonable prior notice at Borrower’s address set forth in Section 10.6 hereof. Notwithstanding the terms of the first sentence of this subsection, proceeds paid to Lender pursuant to this Section 5.1.2 shall obtain such increases be held by Lender and applied in accordance with the amounts provisions 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 applicableSection 5.4.

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 subject Individual Property is located, with located and having a claims paying ability rating of “A” or better by S&P and Fitch and an insurance financial strength rating of “Aa2” by Xxxxx’x (provided, however, that for so long as Citicorp is the Tenant at the Individual Property located in Englewood Cliffs, New Jersey pursuant to the Citicorp Lease, the Policies may be issued by insurance companies as permitted in the Citicorp Lease). If a Securitization occurs, (i) the 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, such insurance company shall be deemed acceptable with respect to such Rating Agency not rating such insurance company. If a Securitization occurs and S&P is not a Rating Agency, each of the insurance companies shall have a claims paying ability rating of at least A:X from A.M. Best Company or “A-” or better A- by S&P; (b) shall, with respect to all property Fitch and an insurance policies, name Lender financial strength rating of A3 by Xxxxx’x 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 sixty-seven percent (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 available67%) of the Policies (redacted as necessary to remove information regarding other properties covered coverage shall be provided by blanket policies). Borrower shall pay the Insurance Premiums annually in advance as the same become due insurance companies having claims paying ability ratings of AA by Fitch and payable and shall furnish to Lender evidence an insurance financial strength rating 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 (Aa2 by Xxxxx’x; provided, however, that Borrower if Fitch or Xxxxx’x shall not provide a rating for an insurance company, then an A.M. Best rating of A(X) shall be required to pay such Insurance Premiums nor furnish such evidence substituted for each 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 foregoing rating requirements 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 Fitch or the renewal thereofXxxxx’x, as applicable. Notwithstanding the foregoing, Borrowers shall be permitted to maintain the Policies with insurance companies which do not meet the foregoing requirements (an “Otherwise Rated Insurer”), provided Borrowers obtain a “cut-through” endorsement (that is, an endorsement which permits recovery against the provider of such endorsement) with respect to any Otherwise Rated Insurer from an insurance company which meets the claims paying ability ratings required above. Moreover, if Borrowers desire 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 (51%) of such insurance company, maintains such ratings, Borrowers may use such insurance companies if approved by the Rating Agencies (such approval may be conditioned on items required by the Rating Agencies including a requirement that the parent guarantee the obligations of such insurance company).

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 Properties are 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 or “AXII” or better by X.X.Xxxx’s; (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; (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 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 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 Certificates of insurance, or upon the request of Lender, certified copies of the existence and effectiveness of the Policies Policies, shall be delivered to Lender, at 300 000 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx Xxxxxx 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; provided, however, that if certified copies of the current Policies are not available on the date requested, Borrower shall deliver to Lender certified copies of such Policies within ten (certified, if 10) days after such Policies are 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 Lender, and is reasonable and customary for properties similar to the Properties, 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 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. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 5.1.1(a) (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; provided, however, if the insurance is provided with multiple insurers, no less than 75% will maintain the rating of A or better by S&P (or its equivalent) with the remaining insurers maintaining no less than BBB+ by S&P (or its equivalent); (b) shall, with respect to all property insurance policiesthe property, 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 policiesinterruption, contain a Standard Mortgagee Clause commercial general liability and a Lender’s Loss Payable Endorsementumbrella Policies, 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; (ec) 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 Policies; and (fd) 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, such approval not to be unreasonably withheld or delayed. Evidence of the existence and effectiveness If requested by Lender, certified copies 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 all renewal Policies, within thirty (30) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s thereof; provided, however, that if certified copies of the current Policies are not available on the date of request, Borrower shall deliver to Lender documentation acceptable to Lender evidencing such Policies within five (5) days and shall deliver to Lender certified copies of such Policies within ten (certified, if 10) days after such Policies are 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 5.1.15.1.1(a) 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 Subject to the provisions of Section 5.1.1(i) above, unless otherwise expressly agreed by Lender in writing, all Policies required to be maintained by Borrower pursuant to Section 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&P; (bii) shall, EAST\87098743.3 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 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 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 cancellation, except ten (10) days’ notice for non-payment of Insurance Premiums; and (fvii) 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 Certificates of the existence insurance and effectiveness evidence of the property insurance with respect to all Policies shall be delivered to Lender, at 300 000 Xxxx Xxxxxx, 0xx Xxxxxxxxxx, Xxx Xxxx, Xxx Xxxx 00000Xxxx, 00000 Attention: Pxxxxx Xxxxxx XxXxxxxxx, on the date hereof with respect to the current Policies and within thirty ten (3010) days after prior to the effective date thereof with respect to all renewal Policies. Upon Lender’s request, Borrower shall deliver Borrowers must provide to Lender full and complete copies (certified, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies)policies upon request. 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 6.3 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, subject to the provisions of Section 5.1.1(i). 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 , subject 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 applicableprovisions of Section 5.1.1(i).

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 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 (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; (ci) shall, with respect to all property insurance policies and rental loss income and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Lender’s Loss Payable Endorsement, or their equivalents, naming including providing that Lender as is the person to which whom all 63 Mezzanine Loan Agreement payments made by such insurance company shall be paid, subject to the rights of Senior Lender; (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 Lender; (eiii) shall contain such provisions as Lender deems reasonably necessary or desirable to protect its interest including endorsements providing (A) that neither Borrower, Senior Borrower, Lender nor any other party shall be a co-insurer under said Policies and (B) except as otherwise specified herein, 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 modification, reduction or cancellation properties with a standard of operation and (f) shall be satisfactory maintenance comparable to and in form and substance to Lender and shall be approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence the general vicinity of the existence and effectiveness applicable Individual Property, but in no event in excess of the Policies an amount reasonably acceptable to Lender. Certificates of insurance shall be delivered to Lender, at 300 x/x Xxxxxxxx Xxxx XX, Xxx Xxxx Xxxxxx, 0xx 00 Xxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx XX 00000, AttentionAttn: Pxxxxx XxXxxxxxxXxxxx Xxxxxxxx, on the date hereof with respect to the current Policies and within thirty fifteen (3015) days Business Days after the effective date thereof with respect to all renewal Policies. Upon Lender’s request, Borrower shall deliver copies cause Senior Borrower to (certified, if availablei) cause the payment of the premiums with respect to the Policies (redacted as necessary the “Insurance Premiums”) to remove information regarding other properties covered by blanket policies). Borrower shall pay the Insurance Premiums annually in advance be timely paid as the same become due and payable and (ii) prior to expiration shall furnish to Lender Lender, upon Lender’s written demand, evidence of the renewal of each of the Policies with reasonably satisfactory to Lender, and (iii) furnish to Lender receipts for the timely 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 Senior Lender pays such Insurance Premiums have been deposited into in accordance with the Insurance Account pursuant to Section 6.4 hereofSenior Loan Documents). If Borrower does not furnish (or cause Senior Borrower to furnish) evidence of the renewal of such Policies prior to expiration, upon Lender’s written demand for such evidence then Lender may, but shall not be obligated to, procure such insurance and Borrower shall (or shall cause Senior Borrower to) reimburse Lender for the cost of such Insurance Premiums promptly on demand, with interest accruing at the Default Rate from the date expended. In addition to addition, (i) after the insurance coverages described in Section 5.1.1occurrence of a Casualty or (ii) aboveif requested by a Rating Agency, 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 (30or shall cause Senior Borrower to) days after request make the redacted Policies available for review by Lender, Borrower shall obtain such increases Rating Agency or their respective representatives, upon reasonable prior notice at Borrower’s address set forth 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 applicableSection 10.6 hereof.

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 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 and “A-AA” or better by S&P; (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 all payments made by such insurance company shall be paidLender; (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 the extent not specified herein) to Lender and shall be reasonably approved by Lender as to amounts, form, risk coverage, deductibles, loss payees and insuredsinsureds (to the extent not specified herein). 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 the existence and effectiveness terrorist groups or individuals. At Lender’s written request, certified copies of the Policies shall be delivered to Lender, at 300 c/o GERMAN AMERICAN CAPITAL CORPORATION, 00 Xxxx Xxxxxx, 0xx 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx XX 00000, AttentionAttn: Pxxxxx XxXxxxxxxXxxx Xxxxxxxx, 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)Lender. 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 (ai) 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 “A-” and "A" or better by S&PS&P and the equivalent rating by at least one other Rating Agency; (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 '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 that neither Borrowernone of Borrowers, 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 or, in the case of cancellation for non-payment of any premium, ten (10) days; and (fvii) 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 Certified copies of the Policies shall be delivered to Lender, at 300 Xxxx Xxxxxxc/o UBS Real Estate Investments Inc., 0xx Xxxxx1285 Avenue of the Americas, Xxx Xxxx11th Floor, Xxx Xxxx 00000New York, AttentionNew York 10019, Attn: Pxxxxx XxXxxxxxxRobert Petxxxxxx, on the date hereof with respect Xxxxxxxx, xx xxx xxxx xxxxxx xxxx xxxxect to the current Policies txx xxxxxxx Xxxxxies 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 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 6.3 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 [Mortgaged Property/Trust Property] is locatedlocated and shall be otherwise reasonably satisfactory to Agent, and carry an S&P rating of at least “A-”. If four 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 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 no carrier below “BBB” by S&P. If five (b5) shallor 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” by S&P. Notwithstanding the foregoing, [Mortgagor/Grantor] shall be permitted to maintain the Policies with insurance companies which do not meet the foregoing requirements (an “Otherwise Rated Insurer”), provided [Mortgagor/Grantor] obtains a “cut-through” endorsement (that is, an endorsement which permits recovery against the provider of such endorsement) 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 any Otherwise Rated Insurer from an insurance company shall be paid; (c) shallwhich meets the claims paying ability ratings required above. Also notwithstanding the foregoing, with respect to all liability policiesAgent has approved Landmark American Insurance Company, name Lender Torus Specialty Insurance Company and its successors and/or assigns Aspen Specialty Insurance Company for this loan so long as they maintain an additional insured; (d) shall contain a waiver AM Best rating 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 (30A- XI by AM Best. Also Approved for this loan is Senior Living Insurance Company Limited, a [Mortgagor/Grantor]-funded captive insurance company that provides coverage to reimburse [Mortgagor/Grantor] for any general liability and professional liability deductibles/retentions. EXHIBIT A LEGAL DESCRIPTION Legal Description of premises located at [ ]: [See Attached Page(s) days prior written notice For Legal Description] Exh. A-1 [EXHIBIT B PERMITTED ENCUMBRANCES] Those exceptions set forth in Schedule B of any modification, reduction that certain policy of title insurance issued to Mortgagee by [ ] on 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 about the date hereof with respect pursuant to commitment number [ ]. EXHIBIT H to the current Policies CREDIT AGREEMENT FORM OF BORROWING BASE CERTIFICATE BORROWING BASE CERTIFICATE Five Star Quality Care, Inc., Borrowing Base Certificate Period ending / / Citibank, N.A. as Administrative Agent under the Credit Agreement referred to below 0000 Xxxxx Xxxx OPS III Xxx Xxxxxx, XX 00000 Attention: Bank Loan Syndications Department Pursuant to provisions of that certain Amended and within thirty Restated Credit Agreement, dated as of February 24, 2017, among Five Star Quality Care, Inc., a Maryland corporation, as borrower (30) days after “Borrower”), the effective date thereof with respect to all renewal Policies. Upon Lender’s requestGuarantors party thereto, Borrower shall deliver copies (certifiedCitibank, if available) of the Policies (redacted N.A., 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 Administrative Agent and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts Collateral Agent for the payment of Secured Parties, the Insurance Premiums Secured Parties identified therein, and the Arrangers party thereto (as amended, amended and restated, supplemented 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 otherwise modified from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lendertime, Borrower the “Credit Agreement”; capitalized terms not otherwise defined herein shall obtain such increases have their respective meanings set forth in the amounts Credit Agreement), the undersigned, a Responsible Officer of coverage required hereunder the Borrower, hereby certifies and represents and warrants on behalf of the Borrower 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.follows:

Insurance Company. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 5.1.1(a) (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 policiesthe property, 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 policiesinterruption, contain a Standard Mortgagee Clause commercial general liability and a Lender’s Loss Payable Endorsementumbrella Policies, 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; (ec) 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 Policies; and (fd) shall be satisfactory in form and substance to Lender and shall be approved by Lender (which such approval shall not unreasonable withheld, conditioned or delayed) as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence of the existence and effectiveness of the Policies coverage shall be delivered to Lender, at 300 000 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxxXxxxx Xxxxxxxx, on the date hereof with respect to the current all renewal Policies and within thirty (30) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s ; provided, however, if copies of the current Policies are not available on the date of request, Borrower shall deliver to Lender documentation acceptable to Lender evidencing such Policies within five (5) days of receipt of a request thereof and shall deliver to Lender complete copies of such Policies within ten (certified, if 10) days after such Policies are 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 5.1.15.1.1(a) 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 approved to do business in the State states 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&PS&P and (y) “A2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer (provided, however for multi-layered policies, (A) if four (4) or fewer 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 rating of “A” or better by S&P and “A2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, with no remaining carrier below “BBB” by S&P and “Baa2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, 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 Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, with no remaining carrier below “BBB” and “Baa2” or better by Moody’s, to the extent Moody’s rates the Securities and rates the applicable insurer, and (2) a rating of A:X or better by A.M. Best; (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, Mezzanine A Borrower, Owner, 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 modificationPolicies, reduction or cancellation and (fB) except as otherwise permitted herein, for a deductible per loss acceptable to Lender but in no event in an amount greater 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 Properties and as is generally allowed by prudent institutional commercial mortgage lenders originating comparable mortgage loans for securitization; and (v) 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 (or cause Owner to obtain) such other insurance as may from time to time be 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: Mxxxxx Sxxxxxx Bank, N.A. 1000 Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attention: Gxxxxx Xxx Borrower shall deliver copies (certified, if available) of the Policies (redacted as necessary cause Owner 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 hereofof the Mortgage Loan Agreement or any Insurance Account pursuant to Section 6.4 of the Mezzanine A Loan Agreement). 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 (or cause Owner to 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 6.1: (ai) shall be issued by companies authorized licensed to do business in the State state where the Property is Properties are located, with a financial strength and claims paying ability rating of at least A:X :XII from A.M. Best Company or and “A-A” or better by S&P; (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 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 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 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 cancellation; and (fvii) 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 Certified copies of the Policies shall be delivered to Lender, at 300 Xxxx c/o Nomura Credit & Capital, Inc., Two World Xxxxxxxxx Xxxxxx, 0xx XxxxxXxxxxxxx X, Xxx Xxxx, Xxx Xxxx 00000-0000, AttentionAttn: Pxxxxx XxXxxxxxxN. Xxxxx XxXxxxx, 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; provided, Borrower however, that: (a) if any insurance coverage required under this Section 6.1.2 is maintained by a syndicate of insurers, the preceding S&P ratings requirements shall deliver copies be deemed satisfied as long as at least seventy five percent (certified, if available75%) of the Policies coverage (redacted as necessary to remove information regarding other properties covered if there are four or fewer members of the syndicate) or at least sixty percent (60%) of the coverage (if there are five or more members of the syndicate) is maintained with carriers with an “A” or better rating by blanket policies)S&P, and all carriers in such syndicate have a claims-paying ability rating by S&P of not less than “BBB”. 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 Tax and Insurance Account Reserve Fund pursuant to Section 6.4 7.2 hereof). In addition to the insurance coverages described in Section 5.1.1) 6.1 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 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; (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 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 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 of the existence and effectiveness Certified copies of the Policies shall be delivered to Lender, at 300 000 Xxxx Xxxxxx, 0xx 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx XxXxxxxxxXx. Xxxxx Xxxxxx, 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; provided, however, that if certified copies of the current Policies are not available on the date hereof, Borrower shall deliver to Lender on the date hereof documentation acceptable to Lender evidencing such Policies and shall deliver to Lender certified copies of such Policies within ten (certified, if 10) days after such Policies are 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 (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 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 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; (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 as the person to which 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 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 cancellation; and (fvii) 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 Certified copies of the Policies shall be delivered to Lender, at 300 Xxxx Xxxxxx, 0xx 000 Xxxxx Xxxxxxxxx Xxxxx, Xxx Xxxx00xx Xxxxx, Xxx Xxxx Xxxxxxx, Xxxxxxxx 00000, Attention: Pxxxxx XxXxxxxxxXxxxxxx Xxxxxxx, 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 an account subject to the Insurance Account pursuant to Section 6.4 hereof)sole dominion and control of Lender. 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 SECTION 5.1.1 (ai) shall be issued by companies authorized licensed to do business in the State state where the applicable Individual Property is located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company or “A-” and at least "AA" or better by S&PS & P; (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 '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 that neither the applicable 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 cancellation; and (fvii) shall be otherwise 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 of the existence and effectiveness Certified copies of the Policies shall be 130 delivered to Lender, at 300 Xxxx Xxxxxxc/o UBS Warburg Real Estate Investments Inc., 0xx 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, AttentionAttn: Pxxxxx XxXxxxxxxXxxxxx Xxxxxxxxx, Director, 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 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 SECTION 6.4 hereof). In addition to the insurance coverages described in Section 5.1.1) SECTION 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 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 Policies required to be maintained by Borrower pursuant to Section 5.1.1 5.1.1(a) (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; provided, however, if the insurance is provided with multiple insurers, no less than 75% will maintain the rating of A or better by S&P (or its equivalent) with the remaining insurers maintaining no less than BBB+ by S&P (or its equivalent); (b) shall, with respect to all property insurance policiesthe property, 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 policiesinterruption, contain a Standard Mortgagee Clause commercial general liability and a Lender’s Loss Payable Endorsementumbrella Policies, 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; (ec) 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 Policies; and (fd) 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, such approval not to be unreasonably withheld or delayed. Evidence of the existence and effectiveness If requested by Lender, complete copies 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 all renewal Policies, within thirty (30) days after the effective date thereof with respect to all renewal Policies. Upon Lender’s thereof; provided, however, that if complete copies of the current Policies are not available on the date of request, Borrower shall deliver to Lender documentation acceptable to Lender evidencing such Policies within five (5) days and shall deliver to Lender complete copies of such Policies within ten (certified, if 10) days after such Policies are 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 5.1.15.1.1(a) 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-” and "AA" or better by S&PStandard & Poor's Ratings Services, a division of the XxXxxx-Xxxx Companies, Inc.; (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 's Loss Payable Endorsement, or their equivalents, naming Lender as the person to which all payments made by such insurance company shall be paid; (civ) shall, with respect to all liability policies, name March 31, 2003 -45- 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 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 cancellation; and (fvii) 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 Certified copies of the Policies shall be delivered to Lender, at 300 Xxxx Xxxxxxc/o UBS Warburg Real Estate Investments Inc., 0xx 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, AttentionAttn: Pxxxxx XxXxxxxxxXxxxxx Xxxxxxxxx, Director, on the date hereof with respect to the current Policies and within thirty (30) 30 days after the effective date thereof with respect to all renewal Policies. Upon Lender’s request, Borrower shall deliver copies (certified, if available) pay to Lender the cost of Lender's review of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies)and any certificates and renewals relating thereto. 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 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 (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. Best Company or “A-” or better by S&P; (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 EAST\53909776.4 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; (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 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 cancellation; and (fvii) 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 Certified copies of the Policies shall be delivered to Lender, at 300 Xxxx Xxxxxx, 0xx 000 Xxxxx Xxxxxxxxx Xxxxx, Xxx Xxxx00xx Xxxxx, Xxx Xxxx Xxxxxxx, Xxxxxxxx 00000, Attention: Pxxxxx XxXxxxxxxXxxxxxx Xxxxxxx, 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 an account subject to the Insurance Account pursuant to Section 6.4 hereof)sole dominion and control of Lender. 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 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 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 [Mortgaged Property/Trust Property] is locatedlocated and shall be otherwise reasonably satisfactory to Agent, and carry an S&P rating of at least “A-”. If four 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 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 no carrier below “BBB” by S&P. If five (b5) shallor 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” by S&P. Notwithstanding the foregoing, [Mortgagor/Grantor] shall be permitted to maintain the Policies with insurance companies which do not meet the foregoing requirements (an “Otherwise Rated Insurer”), provided [Mortgagor/Grantor] obtains a “cut-through” endorsement (that is, an endorsement which permits recovery against the provider of such endorsement) 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 any Otherwise Rated Insurer from an insurance company shall be paid; (c) shallwhich meets the claims paying ability ratings required above. Also notwithstanding the foregoing, with respect to all liability policiesAgent has approved Landmark American Insurance Company, name Lender Torus Specialty Insurance Company and its successors and/or assigns Aspen Specialty Insurance Company for this loan so long as they maintain an additional insured; (d) shall contain a waiver AM Best rating 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 (30A- XI by AM Best. Also Approved for this loan is Senior Living Insurance Company Limited, a [Mortgagor/Grantor]-funded captive insurance company that provides coverage to reimburse [Mortgagor/Grantor] for any general liability and professional liability deductibles/retentions. EXHIBIT A LEGAL DESCRIPTION Legal Description of premises located at [ ]: [See Attached Page(s) days prior written notice For Legal Description] Exh. A-1 [EXHIBIT B PERMITTED ENCUMBRANCES] Those exceptions set forth in Schedule B of any modification, reduction that certain policy of title insurance issued to Mortgagee by [ ] on 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 about the date hereof with respect pursuant to commitment number [ ]. EXHIBIT H to the current Policies CREDIT AGREEMENT FORM OF BORROWING BASE CERTIFICATE BORROWING BASE CERTIFICATE Five Star Senior Living Inc., Borrowing Base Certificate Period ending / / Citibank, N.A. as Administrative Agent under the Credit Agreement referred to below 0000 Xxxxx Xxxx OPS III Xxx Xxxxxx, XX 00000 Attention: Bank Loan Syndications Department Pursuant to provisions of that certain Second Amended and within thirty Restated Credit Agreement, dated as of June 12, 2019, among Five Star Senior Living Inc., a Maryland corporation, as borrower (30) days after “Borrower”), the effective date thereof with respect to all renewal Policies. Upon Lender’s requestGuarantors party thereto, Borrower shall deliver copies (certifiedCitibank, if available) of the Policies (redacted N.A., 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 Administrative Agent and payable and shall furnish to Lender evidence of the renewal of each of the Policies with receipts Collateral Agent for the payment of Secured Parties, the Insurance Premiums Secured Parties identified therein, and the Arrangers party thereto (as amended, amended and restated, supplemented 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 otherwise modified from time to time be reasonably required by Lender in order to protect its interests. Within thirty (30) days after request by Lendertime, Borrower the “Credit Agreement”; capitalized terms not otherwise defined herein shall obtain such increases have their respective meanings set forth in the amounts Credit Agreement), the undersigned, a Responsible Officer of coverage required hereunder the Borrower, hereby certifies and represents and warrants on behalf of the Borrower 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.follows:

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 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 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. All Policies required to be maintained by Borrower pursuant to Section 5.1.1 6.1: (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 :XII from A.M. Best Company or and “A-A” or better by S&P; (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 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 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 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 cancellation; and (fvii) 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 Certified copies of the Policies shall be delivered to Lender, at 300 Xxxx c/o Nomura Credit & Capital, Inc., Two World Xxxxxxxxx Xxxxxx, 0xx XxxxxXxxxxxxx X, Xxx Xxxx, Xxx Xxxx 00000-0000, AttentionAttn: Pxxxxx XxXxxxxxxN. Xxxxx XxXxxxx, 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; provided, Borrower however, that: (a) if any insurance coverage required under this Section 6.1.2 is maintained by a syndicate of insurers, the preceding S&P ratings requirements shall deliver copies be deemed satisfied as long as at least seventy five percent (certified, if available75%) of the Policies coverage (redacted as necessary to remove information regarding other properties covered if there are four or fewer members of the syndicate) or at least sixty percent (60%) of the coverage (if there are five or more members of the syndicate) is maintained with carriers with an “A” or better rating by blanket policies)S&P, and all carriers in such syndicate have a claims-paying ability rating by S&P of not less than “BBB”. 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 Tax and Insurance Account Reserve Fund pursuant to Section 6.4 7.2 hereof). In addition to the insurance coverages described in Section 5.1.1) 6.1 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 SECTION 5.1.1 (ai) shall be issued by companies authorized licensed to do business in the State state where the applicable Individual Property is located, with a financial strength and claims paying ability rating of at least A:X from A.M. Best Company or “A-” and at least "AA" or better by S&PS & P; (bii) shall, with respect to all property insurance policies, name Mezzanine Lender and its successors and/or assigns as their interest may appear as the Mezzanine Lender and Mortgagee; (ciii) shall, subject to the rights of Senior Lender under the Senior Loan Documents, with respect to all property insurance policies and rental loss and/or business interruption insurance policies, contain a Standard Mortgagee Clause and a Mezzanine Lender’s 's Loss Payable Endorsement, or their equivalents, naming Mezzanine 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, subject to the rights of Senior Lender under the Senior Loan Documents, name Mezzanine Lender and its successors and/or assigns as an additional insured; (dv) shall contain a waiver of subrogation against Mezzanine Lender; (evi) shall contain such provisions as Mezzanine Lender deems reasonably necessary or desirable to protect its interest including endorsements providing that neither the applicable Borrower, Mezzanine Lender nor any other party shall be a co-insurer under said Policies and that Mezzanine Lender shall receive at least thirty (30) days prior written notice of any modification, reduction or cancellation cancellation; and (fvii) shall be otherwise reasonably satisfactory in form and substance to Mezzanine Lender and shall be approved by Mezzanine Lender as to amounts, form, risk coverage, deductibles, loss payees and insureds. Evidence of the existence and effectiveness Certified copies of the Policies shall be delivered to Mezzanine Lender, at 300 Xxxx Xxxxxxc/o UBS Warburg Real Estate Investments Inc., 0xx 1285 Avenue of the Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, AttentionAttn: Pxxxxx XxXxxxxxxXxxxxx Xxxxxxxxx, Director, 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 Borrowers shall deliver copies (certified, if available) of the Policies (redacted as necessary cause Owners 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 cause Owners to furnish to Mezzanine 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 Mezzanine Lender (providedPROVIDED, howeverHOWEVER, that Borrower Borrowers shall not be required to cause Owners to pay such Insurance Premiums nor furnish such evidence of payment to Mezzanine Lender in the event that the 372 amounts required to pay such Insurance Premiums have been deposited into a reserve as required under the Insurance Account pursuant to Section 6.4 hereofSenior Loan Documents). In addition to the insurance coverages described in Section SECTION 5.1.1) above, Borrower Borrowers shall cause Owners to obtain such other insurance as may from time to time be reasonably required by Mezzanine Lender in order to protect its interests. Within thirty (30) days after request by Mezzanine Lender, Borrower Borrowers shall cause Owners to obtain such increases in the amounts of coverage required hereunder as may be reasonably requested by Mezzanine 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 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 to do business in the State state where the Property is located, with (1) 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, 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 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 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: PILLAR MULTIFAMILY, Borrower shall deliver copies (certifiedLLC 000 Xxxxxxx Xxxxxx, if available) of the Policies (redacted as necessary to remove information regarding other properties covered by blanket policies). 0xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Attn: Xxxx Xxxxxx 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 (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 300 000 Xxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Pxxxxx Xxxxxx 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 6.1: (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 :XII from A.M. Best Company or and “A-A” or better by S&P; (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 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 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 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 cancellation; and (fvii) 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 Certified copies of the Policies shall be delivered to Lender, at 300 Xxxx c/o Nomura Credit & Capital, Inc., Two World Xxxxxxxxx Xxxxxx, 0xx XxxxxXxxxxxxx X, Xxx Xxxx, Xxx Xxxx 00000-0000, AttentionAttn: Pxxxxx XxXxxxxxxN. Dante XxXxxxx, 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; provided, Borrower however, that: (a) if any insurance coverage required under this Section 6.1.2 is maintained by a syndicate of insurers, the preceding S&P ratings requirements shall deliver copies be deemed satisfied as long as at least seventy five percent (certified, if available75%) of the Policies coverage (redacted as necessary to remove information regarding other properties covered if there are four or fewer members of the syndicate) or at least sixty percent (60%) of the coverage (if there are five or more members of the syndicate) is maintained with carriers with an “A” or better rating by blanket policies)S&P, and all carriers in such syndicate have a claims-paying ability rating by S&P of not less than “BBB”. 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 Tax and Insurance Account Reserve Fund pursuant to Section 6.4 7.2 hereof). In addition to the insurance coverages described in Section 5.1.1) 6.1 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: (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.