Insurers; Replacement. Each insurance policy shall provide that it shall not be cancelable without at least thirty (30) days’ prior written notice to Landlord and to any mortgagee named in an endorsement thereto and each policy shall be issued by an insurer of recognized responsibility, licensed to do business in the Commonwealth of Pennsylvania and reasonably satisfactory to Landlord. Prior to the commencement of the Term, the original and a signed duplicate of each policy shall be delivered by Tenant to Landlord unless Landlord requests that they be delivered to the holder of any mortgage on the Premises, in which case Tenant shall deliver the policies to such holder and shall deliver to Landlord a certificate of the insurance carrier certifying that the policies so delivered have been issued and are in effect and the duration thereof. At least thirty (30) days before any policy shall expire, Tenant shall deliver to Landlord the original and a signed duplicate copy of a replacement policy, and at least ten (10) days prior to the date that the premium on any policy shall become due and payable, Landlord shall be furnished with evidence of its payment (which premium may be paid in installments). Each policy shall have attached thereto an endorsement to the effect that no act or omission of Tenant shall affect the obligation of the insurer to pay the full amount of any loss sustained. Each policy shall be in such form as Landlord may from time to time require.

Insurers; Replacement. Each policy shall provide that it shall not be cancelable without at least thirty (30) days' prior written notice to OWNER and each policy shall be issued by an insurer with an AM Best Rating of "A-" or Higher , AM Best Financial Size Category of Class VII or Higher and licensed to do business in the Commonwealth of Pennsylvania. Forthwith upon the execution of this Agreement, each policy (or a duplicate original thereof) shall be delivered by OPERATOR to OWNER. At least thirty (30) days before any policy shall expire, OPERATOR shall deliver to OWNER a replacement policy meeting the foregoing requirements, and at least ten

Insurers; Replacement. 5 5.4 Landlord......................................................... 5 5.5 Other Insurance Obtained by Tenant............................... 5 5.6 Waiver of Subrogation; Rights Under Insurance Policies........... 5 5.7 Insurance Companies.............................................. 6

Insurers; Replacement. The insurance required by this Section 5 may be maintained by separate policies or by blanket policies. The provisions of such policies applicable to the Premises shall provide that the insurer may not cancel, reduce or materially change any such policies without endeavoring at least thirty (30) days prior to such cancellation, reduction or material change to provide written notice to Landlord and shall be issued by an insurer of nationally recognized financial responsibility authorized to do business in the state in which the Premises are located, legally qualified to issue the same, and subject to the reasonable satisfaction of Landlord. At least thirty (30) days prior to the Commencement Date of the Term of this Lease (or other date by which such insurance is required to be procured) each policy or a certificate thereof required to be maintained by this Section 5 shall be delivered by Tenant to Landlord. At least thirty (30) days before any policy shall expire, Tenant shall deliver to Landlord and a replacement policy or certificate and at least thirty (30) days after the date that the premium on any policy shall become due and payable, Landlord shall be furnished with satisfactory evidence of its payment.

Insurers; Replacement. Each policy shall provide that it shall not be cancelable without at least ten (10) days' prior written notice to Lessor (and, if requested by Lessor, the Mortgagees). Forthwith upon the execution of this Lease, each policy shall be delivered by Lessee to Lessor unless Lessor requests that it be delivered to one of the Mortgagees, in which case Lessee shall deliver the policy to such holder and shall deliver to Lessor and any other Mortgagees a certificate of the insurance carrier certifying that the policy so delivered has been issued and is in effect and the duration thereof. At least ten (10) days before any policy shall expire, Lessee shall deliver to Lessor a replacement policy or certificate. If available, each policy shall have attached thereto an endorsement to the effect that no act or omission of Lessee shall affect the obligation of the insurer to pay the full amount of any loss sustained. Each policy shall be in such form as Lessor may from time to time reasonably require.

Insurers; Replacement. Each policy shall provide that it shall not be cancelable without at least thirty (30) days’ prior written notice to Landlord and other insureds and each policy shall be issued by an insurer of recognized responsibility, licensed to do business in the state where the Premises are located and rated A-, Class IX or better by A.M. Best Company. Forthwith upon the execution of this Lease, each policy (or a duplicate original thereof) shall be delivered by Tenant to Landlord unless Landlord requests that it be delivered to the holder of any mortgage, in which case Tenant shall deliver the policy to such holder and shall deliver to Landlord a certificate (in the case of the insurance required under Section 7.01(b)) or the document known in the insurance business as XXXXX 27 or an “evidence of property insurance” (in the case of the insurance required under Section 7.02(a)), from the insurance carrier in form satisfactory to Landlord and certifying or evidencing that the policy so delivered has been issued and is in effect and the duration thereof. Tenant shall deliver to Landlord a replacement policy and certificate or evidence of property insurance meeting the foregoing requirements, and at least ten (10) days prior to the date that the premium on any policy shall become due and payable, Tenant shall cause Landlord to be furnished with satisfactory evidence of its payment. Each policy shall have attached thereto an endorsement to the effect that no act or omission of Tenant shall affect the obligation of the insurer to pay the full amount of any loss sustained. Each policy shall be in such form as Landlord’s mortgagee may from time to time reasonably require. Insurance certificates will specify the additional insured status as well as the waivers of subrogation. Copies of all endorsements required by this Lease must accompany the certificates delivered to Landlord. Such certificates will state the amounts of all deductibles and self-insured retentions and that Landlord will be notified in writing 30 days prior to cancellation, material change, or non-renewal of insurance.

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Maintenance Repairs and Alterations Landlord hereby covenants that the Premises shall be in reasonably good and usable condition as of the effective date of this Agreement. Replacements made by Landlord, if any, shall belong to it. Landlord shall keep access to the Premises free and clear of any and all obstructions including snow and ice. ** Portions of this agreement have been omitted and filed separately with the SEC pursuant to a confidential treatment request CONFIDENTIAL EXECUTION VERSION In the event of an emergency, Tenant shall have the right to perform any obligation of Landlord under this Agreement and recover from Landlord any reasonable amounts so expended by Tenant within thirty (30) days of the date of demand or, in the alternative, to offset amounts so expended against Rent. Landlord shall, at its sole expense, make structural repairs and replacements to the footings, foundation and structural elements of walls and roofs of the Premises and also shall be responsible for maintenance, repairs and replacements, at its sole expense, of heating, ventilating, air conditioning systems, plumbing systems, and electrical systems, provided, however, that Tenant, at its sole expense, shall be responsible for maintenance, repairs and replacements regarding the irrigation system on the Premises as well as Tenant's occupancy costs as described above in Section 4 of this Agreement and shall also be responsible for maintenance, repairs or replacements necessitated by Tenant's actions. Contact information for the Landlord in case of any maintenance, repair or replacement issues is as follows: [**]1 Additions, improvements and alterations made by Tenant, whether temporary or permanent in nature, shall be subject to the prior approval of Landlord and upon completion shall belong to Tenant, provided that removal may be made without damage to the Premises at the expiration of the Agreement term. If removal of the improvements or alterations would cause damage to the Premises, said improvements and alterations shall automatically become the property of Landlord. Tenant, at its sole expense, shall be responsible for maintenance, repairs and replacements of any additions, improvements or alterations made by Tenant on, in or to the Premises. Tenant shall keep the Premises in good order, repair and condition at all times during the Agreement term, except for ordinary wear and tear.
Builder’s Risk Insurance Contractor shall provide a Builder’s Risk Policy to be made payable to the Owner and Contractor, as their interests may appear. The policy amount should be equal to 100% of the Contract Sum, written on a Builder’s Risk “All Risk”, or its equivalent. The policy shall be endorsed as follows: The following may occur without diminishing, changing, altering or otherwise affecting the coverage and protection afforded the insured under this policy:
Benchmark Replacement Notwithstanding anything to the contrary herein or in any other Loan Document, if a Benchmark Transition Event and its related Benchmark Replacement Date have occurred prior any setting of the then-current Benchmark, then (x) if a Benchmark Replacement is determined in accordance with clause (a) of the definition of “Benchmark Replacement” for such Benchmark Replacement Date, such Benchmark Replacement will replace such Benchmark for all purposes hereunder and under any Loan Document in respect of such Benchmark setting and subsequent Benchmark settings without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document and (y) if a Benchmark Replacement is determined in accordance with clause (b) of the definition of “Benchmark Replacement” for such Benchmark Replacement Date, such Benchmark Replacement will replace such Benchmark for all purposes hereunder and under any Loan Document in respect of any Benchmark setting at or after 5:00 p.m. (New York City time) on the fifth (5th) Business Day after the date notice of such Benchmark Replacement is provided to the Lenders without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document so long as the Administrative Agent has not received, by such time, written notice of objection to such Benchmark Replacement from Lenders comprising the Required Lenders. If the Benchmark Replacement is Daily Simple SOFR, all interest payments will be payable on a quarterly basis.
LESSEE'S PROPERTY INSURANCE Subject to the requirements of Paragraph 8.5, Lessee at its cost shall either by separate policy or, at Lessor's option, by endorsement to a policy already carried, maintain insurance coverage on all of Lessee's personal property, Trade Fixtures and Lessee-Owned Alterations and Utility Installations in, on, or about the Premises similar in coverage to that carried by Lessor as the Insuring Party under Paragraph 8.3(a). Such insurance shall be full replacement cost coverage with a deductible not to exceed $1,000 per occurrence. The proceeds from any such insurance shall be used by Lessee for the replacement of personal property and the restoration of Trade Fixtures and Lessee-Owned Alterations and Utility Installations. Upon request from Lessor, Lessee shall provide Lessor with written evidence that such insurance is in force.
Replacements and Replacement Reserve (a) Borrower shall cause Mortgage Borrower to comply with all of the terms and conditions set forth in Section 7.3 of the Mortgage Loan Agreement.
Tenant Insurance Landlord shall not be liable to Tenant, Xxxxxx’s family or Xxxxxx’s invitees, licensees, and/or guests for damages not proximately caused by Landlord or Landlord’s agents. Landlord will not compensate Tenant or anyone else for damages proximately caused by any other source whatsoever, or by Acts of God, and Tenant is therefore strongly encouraged to independently purchase insurance to protect Tenant, Xxxxxx’s family, Xxxxxx’s invitees, licensees, and/or guests, and all personal property on the leased premises and/or in any common areas from any and all damages.
Boiler and Machinery Insurance The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work.
Property Insurance Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage,” and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Xxxxxx’s right to disapprove Borrower’s choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender’s option and Xxxxxxxx’s expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower’s equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Xxxxxx under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Xxxxxx and renewals of such policies shall be subject to Xxxxxx’s right to disapprove such policies, shall include a standard mortgage clause, and shall name Xxxxxx as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Xxxxxx as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Xxxxxxxx. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender’s security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Xxxxxx has had an opportunity to inspect such Property to ensure the work has been completed to Lender’s satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender’s security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Xxxxxxxx abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Xxxxxxxx does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Xxxxxx may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower’s rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower’s rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
Second Rating Trigger Replacement If (A) a Required Ratings Downgrade Event has occurred and been continuing for 30 or more Local Business Days and (B) (i) at least one Eligible Replacement has made a Firm Offer to be the transferee of all of Party A’s rights and obligations under this Agreement (and such Firm Offer remains an offer that will become legally binding upon such Eligible Replacement upon acceptance by the offeree) and/or (ii) an Eligible Guarantor has made a Firm Offer to provide an Eligible Guarantee (and such Firm Offer remains an offer that will become legally binding upon such Eligible Guarantor immediately upon acceptance by the offeree), then an Additional Termination Event shall have occurred with respect to Party A and Party A shall be the sole Affected Party with respect to such Additional Termination Event.

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