Common use of Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage; Environmental Insurance Clause in Contracts

Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage; Environmental Insurance. (a) The Master Servicer shall use reasonable efforts, consistent with the Servicing Standard, to cause to be maintained for each Mortgaged Property that secures a Serviced Mortgage Loan and is not an REO Property, all insurance coverage as is required under the related Mortgage (except to the extent that the failure to maintain such insurance coverage is an Acceptable Insurance Default); provided that, if and to the extent that any such Mortgage permits the holder thereof any discretion (by way of consent, approval or otherwise) as to the insurance coverage that the related Mortgagor is required to maintain, the Master Servicer or Special Servicer, as the case may be, shall exercise such discretion in a manner consistent with the Servicing Standard; and provided, further, that, if and to the extent that a Mortgage so permits, the Master Servicer or Special Servicer, as the case may be, shall use reasonable efforts to require the related Mortgagor to obtain the required insurance coverage from Qualified Insurers that shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's (or, if not then rated by Moody's, an equivalent rating thxxxxx xrom at least one nationally xxxxxxized statistical rating agency in addition to S&P) (or, in the case of each Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating Agency, as evidenced in writing by such Rating Agency); and provided, further, that the Master Servicer shall cause to be maintained, from Qualified Insurers having a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's (or, if not then rated by Moody's, an equivalent rating thxxxxx xrom at least one nationally xxxxxxized statistical rating agency in addition to S&P) (or, in the case of each Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating Agency, as evidenced in writing by such Rating Agency), for any such Mortgaged Property any such insurance that the related Mortgagor is required but fails to maintain, but only to the extent that (i) the Trustee (as mortgagee of record on behalf of the Certificateholders or, in the case of a Mortgaged Property that secures a Serviced Loan Combination, the Certificateholders and the related Non-Trust Mortgage Loan Noteholder(s)) has an insurable interest, and (ii) either (A) such insurance is available at a commercially reasonable rate, or (B) solely in the case of all-risk insurance or other insurance that covers losses from acts of terrorism, the failure by the Mortgagor to maintain such insurance has not been determined by the Special Servicer to constitute an Acceptable Insurance Default. The related Serviced Loan Combination Controlling Party (in the case of a Mortgaged Property that secures a Serviced Loan Combination) or the Controlling Class Representative (in the case of any other Mortgaged Property securing a Serviced Mortgage Loan) may request that earthquake insurance be secured for such Mortgaged Property by the related Mortgagor, to the extent such insurance may be obtained at a commercially reasonable price and provided the related loan documents and applicable law give the mortgagee the right to request such insurance coverage and such loan documents require the Mortgagor to obtain earthquake insurance at the request of the mortgagee. Subject to Section 3.17(a), the Special Servicer, in accordance with the Servicing Standard, shall also cause to be maintained for each Administered REO Property no less insurance coverage than was previously required of the Mortgagor under the related Mortgage; provided that such insurance is available at commercially reasonable rates and the subject hazards are at the time commonly insured against for properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located (or, in the case of all-risk insurance or other insurance that covers acts of terrorism, either such insurance is available at a commercially reasonable rate or, based upon due inquiry in accordance with the Servicing Standard, the subject hazards are at the time commonly insured against for properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located); and provided, further, that all such insurance shall be obtained from Qualified Insurers that shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from of S&P and "A2" from Moody's (or, in the case of either Rating Agency, such lower ratinx xx xxll not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating Agency, as evidenced in writing by such Rating Agency). All such insurance policies shall contain (if they insure against loss to property and do not relate to an REO Property) a "standard" mortgagee clause, with loss payable to the Master Servicer (in the case of insurance maintained in respect of Serviced Mortgage Loans, including Specially Serviced Mortgage Loans), and shall be in the name of the Special Servicer (in the case of insurance maintained in respect of Administered REO Properties), on behalf of the Trustee. Any amounts collected by the Master Servicer or the Special Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or REO Property or amounts to be released to the related Mortgagor, in each case subject to the rights of any tenants and ground lessors, as the case may be, and in each case in accordance with the terms of the related Mortgage and the Servicing Standard) shall be deposited in the applicable Custodial Account in accordance with Section 3.04(a) or 3.04A(a), as applicable, in the case of amounts received in respect of a Serviced Mortgage Loan, or in the applicable REO Account in accordance with Section 3.16(b), in the case of amounts received in respect of an Administered REO Property. Any cost incurred by the Master Servicer or the Special Servicer in maintaining any such insurance (including any earthquake insurance maintained at the request of a Serviced Loan Combination Controlling Party or the Controlling Class Representative, as applicable) shall not, for purposes hereof, including calculating monthly distributions to Certificateholders, be added to the unpaid principal balance or Stated Principal Balance of the related Serviced Mortgage Loan(s) or REO Mortgage Loan(s), notwithstanding that the terms of such loan so permit, but shall be recoverable by the Master Servicer or the Special Servicer, as applicable, as a Servicing Advance. (b) If either the Master Servicer or the Special Servicer shall obtain and maintain, or cause to be obtained and maintained, a blanket policy or master force placed policy insuring against hazard losses on all of the Serviced Mortgage Loans and/or Administered REO Properties that it is required to service and administer, then, to the extent such policy (i) is obtained from a Qualified Insurer having (or whose obligations are guaranteed or backed, in writing, by an entity having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's (or, if not then rated by Moody's, then a rating of "A:IX" xx xxxter by A.M. Best's Key Ratixx Xxxxe or an equivalent rating to a Moody's "A3" rating from at least one nationally recognized statisxxxxx xating agency in addition to S&P) (or, in the case of either Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating Agency, as evidenced in writing by such Rating Agency), and (ii) provides protection equivalent to the individual policies otherwise required, then the Master Servicer or the Special Servicer, as the case may be, shall conclusively be deemed to have satisfied its obligation to cause hazard insurance to be maintained on the related Mortgaged Properties and/or subject Administered REO Properties. Such blanket policy or master force placed policy may contain a deductible clause (not in excess of a customary amount), in which case the Master Servicer or the Special Servicer, as appropriate, shall, if there shall not have been maintained on the related Mortgaged Property or subject Administered REO Property an individual hazard insurance policy complying with the requirements of Section 3.07(a), and there shall have been one or more losses that would have been covered by such individual policy, promptly deposit into the applicable Custodial Account from its own funds the amount not otherwise payable under the blanket policy or master force placed policy because of the deductible clause therein, to the extent that any such deductible exceeds the deductible limitation that pertained to the related Serviced Mortgage Loan (or in the absence of any such deductible limitation, the deductible limitation for an individual policy which is consistent with the Servicing Standard). The Master Servicer or the Special Servicer, as appropriate, shall prepare and present, on behalf of itself, the Trustee, the Certificateholders and, in the case of a Mortgaged Property that secures a Serviced Loan Combination, the related Non-Trust Mortgage Loan Noteholder(s), claims under any such blanket policy or master force placed policy in a timely fashion in accordance with the terms of such policy. (c) Subject to the third paragraph of this Section 3.07(c), each of the Master Servicer and the Special Servicer shall at all times during the term of this Agreement (or, in the case of the Special Servicer, at all times during the term of this Agreement in which Specially Serviced Mortgage Loans and/or Administered REO Properties are part of the Trust Fund) keep in force with Qualified Insurers having (or whose obligations are guaranteed or backed, in writing, by entities having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "Baa3" from Moody's (or, if not then rated by Moody's, then at least "A:IX" by X.

Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage; Environmental Insurance. (a) The Master Servicer shall use reasonable efforts, consistent with the Servicing Standard, to cause to be maintained for each Mortgaged Property that secures a Serviced Mortgage Loan and is not an REO Property, all insurance coverage as is required under the related Mortgage (except to the extent that the failure to maintain such insurance coverage is an Acceptable Insurance Default); provided that, if and to the extent that any such Mortgage permits the holder thereof any discretion (by way of consent, approval or otherwise) as to the insurance coverage that the related Mortgagor is required to maintain, the Master Servicer or Special Servicer, as the case may be, shall exercise such discretion in a manner consistent with the Servicing Standard; and provided, further, that, if and to the extent that a Mortgage so permits, the Master Servicer or Special Servicer, as the case may be, shall use reasonable efforts to require the related Mortgagor to obtain the required insurance coverage from Qualified Insurers that shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's Xxxxx'x (orif then rated by Xxxxx'x, and if not then rated by Moody'sXxxxx'x, then an equivalent rating thxxxxx xrom to a rating of "A3" by Xxxxx'x by at least one nationally xxxxxxized recognized statistical rating agency in addition to besides S&P) (or, in the case of each any such Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates or, if applicable, any class of related Pari Passu Non-Trust Mortgage Loan Securities rated by such Rating Agency, as evidenced in writing by such Rating Agency); and provided, further, that the Master Servicer shall cause to be maintained, from Qualified Insurers having a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's Xxxxx'x (orif then rated by Xxxxx'x, and if not then rated by Moody'sXxxxx'x, then an equivalent rating thxxxxx xrom to a rating of "A3" by Xxxxx'x by at least one nationally xxxxxxized recognized statistical rating agency in addition to besides S&P) (or, in the case of each any such Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates or, if applicable any class of related Pari Passu Non-Trust Mortgage Loan Securities rated by such Rating Agency, as evidenced in writing by such Rating Agency), for any such Mortgaged Property any such insurance that the related Mortgagor is required but fails to maintain, but only to the extent that (i) the Trustee (as mortgagee of record on behalf of the Certificateholders or, in the case of a Mortgaged Property that secures a Serviced Loan Combination, the Certificateholders and the related Non-Trust Mortgage Loan Noteholder(s)) has an insurable interest, and (ii) either (A) such insurance is available at a commercially reasonable rate, or (B) solely in the case of all-risk insurance or other insurance that covers losses from acts of terrorism, the failure by the Mortgagor to maintain such insurance coverage has not been determined by the Special Servicer to constitute an Acceptable Insurance Default. The related Serviced Loan Combination Somerset Collection Controlling Party (in the case of a the Somerset Collection Mortgaged Property that secures a Serviced Loan CombinationProperty), the Cumberland Place Controlling Party (in the case of the Cumberland Place Mortgaged Property) or the Controlling Class Representative (in the case of any other Mortgaged Property securing a Serviced Mortgage LoanProperty) may request that earthquake insurance be secured for such a Mortgaged Property (other than the GIC Office Mortgaged Properties) by the related Mortgagor, to the extent such insurance may be obtained at a commercially reasonable price and provided the related loan documents and applicable law give the mortgagee the right to request such insurance coverage and such loan documents require the Mortgagor to obtain earthquake insurance at the request of the mortgagee. Subject to Section 3.17(a), the Special Servicer, in accordance with the Servicing Standard, shall also cause to be maintained for each Administered REO Property no less insurance coverage than was previously required of the Mortgagor under the related Mortgage; provided that such insurance is available at commercially reasonable rates and the subject hazards are at the time commonly insured against for properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located (or, in the case of all-risk insurance or other insurance that covers acts of terrorism, either such insurance is available at a commercially reasonable rate or, based upon due inquiry in accordance with the Servicing Standard, the subject hazards are at the time commonly insured against for properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located); and provided, further, that all such insurance shall be obtained from Qualified Insurers that shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from of S&P and "A2" from Moody's Xxxxx'x (or, in the case of either Rating Agency, such lower ratinx xx xxll rating as will not result in an Adverse Rating Event with respect to any Class of Certificates or, if applicable, any class of Pari Passu Non-Trust Mortgage Loan Securities rated by such Rating Agency, as evidenced in writing by such Rating Agency). All such insurance policies shall contain (if they insure against loss to property and do not relate to an REO Property) a "standard" mortgagee clause, with loss payable to the Master Servicer (in the case of insurance maintained in respect of Serviced Mortgage Loans, including Specially Serviced Mortgage Loans), and shall be in the name of the Special Servicer (in the case of insurance maintained in respect of Administered REO Properties), on behalf of the Trustee. Any amounts collected by the Master Servicer or the Special Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or REO Property or amounts to be released to the related Mortgagor, in each case subject to the rights of any tenants and ground lessors, as the case may be, and in each case in accordance with the terms of the related Mortgage and the Servicing Standard) shall be deposited in the applicable Custodial Account in accordance with Section 3.04(a), 3.04A(a), 3.04B(a), 3.04C(a) or 3.04A(a3.04D(a), as applicable, in the case of amounts received in respect of a Serviced Mortgage Loan, or in the applicable REO Account in accordance with Section 3.16(b), in the case of amounts received in respect of an Administered REO Property. Any cost incurred by the Master Servicer or the Special Servicer in maintaining any such insurance (including any earthquake insurance maintained at the request of a Serviced Loan Combination the Somerset Collection Controlling Party, the Cumberland Place Controlling Party or the Controlling Class Representative, as applicable) shall not, for purposes hereof, including calculating monthly distributions to Certificateholders, be added to the unpaid principal balance or Stated Principal Balance of the related Serviced Mortgage Loan(s) or REO Mortgage Loan(s), notwithstanding that the terms of such loan so permit, but shall be recoverable by the Master Servicer or the Special Servicer, as applicable, as a Servicing Advance. (b) If either the Master Servicer or the Special Servicer shall obtain and maintain, or cause to be obtained and maintained, a blanket policy or master force placed policy insuring against hazard losses on all of the Serviced Mortgage Loans and/or Administered REO Properties that it is required to service and administer, then, to the extent such policy (i) is obtained from a Qualified Insurer having (or whose obligations are guaranteed or backed, in writing, by an entity having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's Xxxxx'x (orif then rated by Xxxxx'x, and if not then rated by Moody'sXxxxx'x, then a rating of "A:IX" xx xxxter or better by A.M. Best's Key Ratixx Xxxxe Rating Guide or an equivalent rating to a Moody's rating of "A3" rating from Xxxxx'x by at least one nationally recognized statisxxxxx xating statistical rating agency in addition to besides S&P) (or, in the case of either Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates or, if applicable, any class of related Pari Passu Non-Trust Mortgage Loan Securities rated by such Rating Agency, as evidenced in writing by such Rating Agency), and (ii) provides protection equivalent to the individual policies otherwise required, then the Master Servicer or the Special Servicer, as the case may be, shall conclusively be deemed to have satisfied its obligation to cause hazard insurance to be maintained on the related Mortgaged Properties and/or subject Administered REO Properties. Such blanket policy or master force placed policy may contain a deductible clause (not in excess of a customary amount), in which case the Master Servicer or the Special Servicer, as appropriate, shall, if there shall not have been maintained on the related Mortgaged Property or subject Administered REO Property an individual hazard insurance policy complying with the requirements of Section 3.07(a), and there shall have been one or more losses that would have been covered by such individual policy, promptly deposit into the applicable Custodial Account from its own funds the amount not otherwise payable under the blanket policy or master force placed policy because of the deductible clause therein, to the extent that any such deductible exceeds the deductible limitation that pertained to the related Serviced Mortgage Loan (or in the absence of any such deductible limitation, the deductible limitation for an individual policy which is consistent with the Servicing Standard). The Master Servicer or the Special Servicer, as appropriate, shall prepare and present, on behalf of itself, the Trustee, the Certificateholders and, in the case of a Mortgaged Property that secures a Serviced Loan Combination, the related Non-Trust Mortgage Loan Noteholder(s), claims under any such blanket policy or master force placed policy in a timely fashion in accordance with the terms of such policy. (c) Subject to the third paragraph of this Section 3.07(c), each of the Master Servicer and the Special Servicer shall at all times during the term of this Agreement (or, in the case of the Special Servicer, at all times during the term of this Agreement in which Specially Serviced Mortgage Loans and/or Administered REO Properties are part of the Trust Fund) keep in force with Qualified Insurers having (or whose obligations are guaranteed or backed, in writing, by entities having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "Baa3" from Moody's Xxxxx'x (or, if not then rated by Moody'sXxxxx'x, then at least "A:IX" by X.A.

Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage; Environmental Insurance. (a) The Master Servicer shall use reasonable effortsshall, consistent with the Servicing Standard, to cause to be maintained for each Mortgaged Property that secures a Serviced Mortgage Loan and is not an REO Property, all insurance coverage as is required under the related Mortgage (except to the extent that the failure to maintain such insurance coverage is an Acceptable Insurance Default); provided that, if and to the extent that any such Mortgage permits the holder thereof any discretion (by way of consent, approval or otherwise) as to the insurance coverage that the related Mortgagor is required to maintain, the Master Servicer or Special Servicer, as the case may be, shall exercise such discretion in a manner consistent with the Servicing Standard; and provided, further, that, if and to the extent that a Mortgage so permits, the Master Servicer or Special Servicer, as the case may be, shall use reasonable best efforts to require the related Mortgagor to obtain the required insurance coverage from Qualified Insurers that shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's Xxxxx'x (orif then rated by Xxxxx'x, and if not then rated by Moody'sXxxxx'x, then an equivalent rating thxxxxx xrom to a rating of "A3" by Xxxxx'x by at least one nationally xxxxxxized recognized statistical rating agency in addition to besides S&P) (or, in the case of each any such Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating AgencyEvent, as evidenced in writing by such Rating Agency); and provided, further, that the Master Servicer shall cause to be maintained, from Qualified Insurers having a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's Xxxxx'x (orif then rated by Xxxxx'x, and if not then rated by Moody'sXxxxx'x, then an equivalent rating thxxxxx xrom to a rating of "A3" by Xxxxx'x by at least one nationally xxxxxxized recognized statistical rating agency in addition to besides S&P) (or, in the case of each any such Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating AgencyEvent, as evidenced in writing by such Rating Agency), for any such Mortgaged Property any such insurance that the related Mortgagor is required but fails to maintain, but only to the extent that (i) the Trustee (as mortgagee of record on behalf of the Certificateholders or, in the case of a XX Xxxx Mortgaged Property that secures a Serviced Loan CombinationProperty, on behalf of the Certificateholders and the related affected XX Xxxx Non-Trust Mortgage Loan Noteholder(s)Noteholders) has an insurable interest, and (ii) either (A) such insurance is available at a commercially reasonable rate, or (B) solely in the case of all-risk insurance or other insurance that covers losses from acts of terrorism, the failure by the Mortgagor to maintain such insurance coverage has not been determined by the Special Servicer (in its reasonable judgment and in accordance with the Servicing Standard) to constitute an Acceptable Insurance Default. The related Serviced Loan Combination Controlling Party (in the case of a Mortgaged Property that secures a Serviced Loan Combination) or the Any Controlling Class Representative (in the case of any other Mortgaged Property securing a Serviced Mortgage Loan) Certificateholder may request that earthquake insurance be secured for such one or more Mortgaged Property Properties (other than the Sangertown Square Mortgaged Properties) by the related Mortgagor, to the extent such insurance may reasonably be obtained at a commercially reasonable price and provided the related loan documents and applicable law give the mortgagee the right to request such insurance coverage and such loan documents require the Mortgagor to obtain earthquake insurance at the request of the mortgagee. Subject to Section 3.17(a), the Special Servicer, in accordance with the Servicing Standard, shall also cause to be maintained for each Administered REO Property no less insurance coverage than was previously required of the Mortgagor under the related Mortgage; provided that such insurance is available at commercially reasonable rates and the subject hazards are at the time commonly insured against for properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located (or, in the case of all-risk insurance or other insurance that covers acts of terrorism, either such insurance is available at a commercially reasonable rate or, based upon due inquiry in accordance with the Servicing Standard, or the subject hazards are at the time commonly insured against for properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located); and provided, further, that all such insurance shall be obtained from Qualified Insurers that shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from of S&P and "A2" from Moody's Xxxxx'x (or, in the case of either Rating Agency, such lower ratinx xx xxll rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating AgencyEvent, as evidenced in writing by such Rating Agency). All such insurance policies shall contain (if they insure against loss to property and do not relate to an REO Property) a "standard" mortgagee clause, with loss payable to the Master Servicer (in the case of insurance maintained in respect of Serviced Mortgage Loans, including Specially Serviced Mortgage Loans), and shall be in the name of the Special Servicer (in the case of insurance maintained in respect of Administered REO Properties), on behalf of the Trustee. Any amounts collected by the Master Servicer or the Special Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or REO Property or amounts to be released to the related Mortgagor, in each case subject to the rights of any tenants and ground lessors, as the case may be, and in each case in accordance with the terms of the related Mortgage and the Servicing Standard) shall be deposited in the applicable Custodial Account in accordance with Section 3.04(a) or 3.04A(a), as applicable, in the case of amounts received in respect of a Serviced Mortgage Loan, or in the applicable REO Account in accordance with Section 3.16(b), in the case of amounts received in respect of an Administered REO Property. Any cost incurred by the Master Servicer or the Special Servicer in maintaining any such insurance (including any earthquake insurance maintained at the request of a Serviced Loan Combination Controlling Party or the Controlling Class Representative, as applicableCertificateholder) shall not, for purposes hereof, including calculating monthly distributions to Certificateholders, be added to the unpaid principal balance or Stated Principal Balance of the related Serviced Mortgage Loan(s) or REO Mortgage Loan(s), notwithstanding that the terms of such loan so permit, but shall be recoverable by the Master Servicer or the Special Servicer, as applicable, as a Servicing Advance. (b) If either the Master Servicer or the Special Servicer shall obtain and maintain, or cause to be obtained and maintained, a blanket policy or master force placed policy insuring against hazard losses on all of the Serviced Mortgage Loans and/or Administered REO Properties that it is required to service and administer, then, to the extent such policy (i) is obtained from a Qualified Insurer having (or whose obligations are guaranteed or backed, in writing, by an entity having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's Xxxxx'x (orif then rated by Xxxxx'x, and if not then rated by Moody'sXxxxx'x, then a rating of "A:IX" xx xxxter or better by A.M. Best's Key Ratixx Xxxxe Rating Guide or an equivalent rating to a Moody's rating of "A3" rating from Xxxxx'x by at least one nationally recognized statisxxxxx xating statistical rating agency in addition to besides S&P) (or, in the case of either Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating AgencyEvent, as evidenced in writing by such Rating Agency), and (ii) provides protection equivalent to the individual policies otherwise required, then the Master Servicer or the Special Servicer, as the case may be, shall conclusively be deemed to have satisfied its obligation to cause hazard insurance to be maintained on the related Mortgaged Properties and/or subject Administered REO Properties. Such blanket policy or master force placed policy may contain a deductible clause (not in excess of a customary amount), in which case the Master Servicer or the Special Servicer, as appropriate, shall, if there shall not have been maintained on the related Mortgaged Property or subject Administered REO Property an individual hazard insurance policy complying with the requirements of Section 3.07(a), and there shall have been one or more losses that would have been covered by such individual policy, promptly deposit into the applicable Custodial Account from its own funds the amount not otherwise payable under the blanket policy or master force placed policy because of the deductible clause therein, to the extent that any such deductible exceeds the deductible limitation that pertained to the related Serviced Mortgage Loan (or in the absence of any such deductible limitation, the deductible limitation for an individual policy which is consistent with the Servicing Standard). The Master Servicer or the Special Servicer, as appropriate, shall prepare and present, on behalf of itself, the Trustee, the Certificateholders and, in the case of a XX Xxxx Mortgaged Property that secures a Serviced Loan CombinationProperty, the related affected XX Xxxx Non-Trust Mortgage Loan Noteholder(s)Noteholders, claims under any such blanket policy or master force placed policy in a timely fashion in accordance with the terms of such policy. (c) Subject to the third paragraph of this Section 3.07(c), each of the Master Servicer and the Special Servicer shall at all times during the term of this Agreement (or, in the case of the Special Servicer, at all times during the term of this Agreement in which Specially Serviced Mortgage Loans and/or Administered REO Properties are part of the Trust Fund) keep in force with Qualified Insurers having (or whose obligations are guaranteed or backed, in writing, by entities having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "Baa3" from Moody's Xxxxx'x (or, if not then rated by Moody'sXxxxx'x, then at least "A:IX" by X.A.

Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage; Environmental Insurance. (a) The Master Servicer shall use reasonable effortsshall, consistent with the Servicing Standard, to cause to be maintained for each Mortgaged Property (other than the mortgaged properties that secures are part of a Non-Serviced Mortgage Loan and Group) that is not an REO Property, all insurance coverage as is required under the related Mortgage (except to the extent that the failure to maintain such insurance coverage is an Acceptable Insurance Default); provided that, if and to the extent that any such Mortgage permits the holder thereof any discretion (by way of consent, approval or otherwise) as to the insurance coverage that the related Mortgagor is required to maintain, the Master Servicer or Special Servicer, as the case may be, shall exercise such discretion in a manner consistent with the Servicing Standard; and provided, further, that, if and to the extent that a Mortgage so permits, the Master Servicer or Special Servicer, as the case may be, shall use reasonable efforts consistent with the Servicing Standard to require the related Mortgagor to obtain the required insurance coverage from Qualified Insurers that shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3A2" from by Moody's (or, if not then rated by Moody's, an equivalent rating thxxxxx xrom at least one nationally xxxxxxized statistical rating agency in addition to S&P) (or, in the case of each any such Rating Agency, such lower rating as will ratixx xx xill not result in an Adverse Rating Event with respect to the Certificates or any Class of Certificates rated by such Rating AgencyCompanion Loan Securities, as evidenced in writing by such Rating Agency); and provided, further, that the Master Servicer shall cause to be maintained, maintained for any such Mortgaged Property from Qualified Insurers that have a "claims paying ability" or "financial strength rating," as applicable, of at least "A" from S&P and "A2" from Moody's, any such insurance that the related Mortgagor is required xxx xxxls to maintain, only to the extent that the Trustee (as mortgagee of record on behalf of the Certificateholders and, in the case of a Loan Group Mortgaged Property, the related Companion Loan Noteholders) has an insurable interest, and such insurance is available at a commercially reasonable rate and the subject hazards are at the time commonly insured against by prudent owners of properties similar to the Mortgaged Property located in or around the region in which such Mortgaged Property is located (or, in the case of all-risk insurance or other insurance that covers acts of terrorism, the Master Servicer shall not be required to cause to be maintained for any such Mortgaged Property any such insurance that the related Mortgagor is required but fails to maintain if the Trustee (as mortgagee of record on behalf of the Certificateholders and, in the case of a Loan Group Mortgaged Property, the related Companion Loan Noteholders) does not have an insurable interest or the Special Servicer has determined (in its reasonable judgment and in accordance with the Servicing Standard) that either (i) such insurance is not available at a commercially reasonable rate and the subject hazards are at the time commonly insured against by prudent owners of properties similar to the Mortgaged Property located in or around the region in which such Mortgaged Property is located or (ii) such insurance is not available at any rate); and provided, further, that, to the extent the Loan documents require the related Mortgagor to maintain insurance with a Qualified Insurer having a "claims paying ability" or "financial strength" rating, as applicable, better than "A" from S&P or "A2" from Moody's, without Rating Agency Confirmation or the approval of the Xxxxxxx Servicer, the Master Servicer may, to the extent consistent with the Servicing Standard, permit the related Mortgagor to maintain insurance with a Qualified Insurer that does not meet the requirements of the Loan documents so long as the related Mortgagor maintains insurance with a Qualified Insurer of at least "A" from S&P and or "A3A2" from Moody's (or's. During the period in which the Special Servicxx xx xvaluating such terrorism insurance coverage hereunder, if the Master Servicer shall not then rated by Moody'sbe liable for any loss related to its failure to require the Mortgagor to maintain terrorism insurance and shall not be in default of its obligations hereunder as a result of such failure, an equivalent rating thxxxxx xrom at least one nationally xxxxxxized statistical rating agency provided that the Master Servicer has given prompt notice to the Special Servicer of its determination that it will not be successful in addition its efforts to S&P) (orcause the Mortgagor to obtain such insurance, along with its determination, and any information in its possession, regarding the case availability and cost of such insurance. The Special Servicer shall be required to promptly notify the Master Servicer of each Rating Agencydetermination made under the two preceding paragraphs. Any Controlling Class Certificateholder, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating Agency, as evidenced in writing by such Rating Agency), for any such Mortgaged Property any such insurance that the related Mortgagor is required but fails to maintain, but only to the extent that or (i) the Trustee (as mortgagee of record on behalf of the Certificateholders or, in the case of a Mortgaged Property that secures a Serviced Loan CombinationGroup, the Certificateholders and holder of the related Non-Trust Mortgage Subordinate Companion Loan Noteholder(s)) has an insurable interest, and (ii) either (A) such insurance is available at a commercially reasonable rate, or (B) solely in the case of all-risk insurance or other insurance that covers losses from acts of terrorism, the failure by the Mortgagor to maintain such insurance has not been determined by the Special Servicer to constitute an Acceptable Insurance Default. The related Serviced Loan Combination Controlling Party (in the case of a Mortgaged Property that secures a Serviced Loan Combination) or the Controlling Class Representative (in the case of any other Mortgaged Property securing a Serviced Mortgage Loan) may request that earthquake insurance be secured for such one or more Mortgaged Property Properties by the related Mortgagor, to the extent such insurance may reasonably be obtained at a commercially reasonable price and provided the related loan documents and applicable law give the mortgagee the right to request such insurance coverage and such loan documents require the Mortgagor to obtain earthquake insurance at the request of the mortgagee. Subject to Section 3.17(a3.18(a), the Special Servicer, in accordance with the Servicing Standard, shall also cause to be maintained for each Administered REO Property no less insurance coverage than was previously required of the Mortgagor under the related MortgageMortgage (including insurance that covers losses arising from acts of terrorism); provided that such insurance is available at commercially reasonable rates and the subject hazards are at the time commonly insured against for by prudent owners of properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located (or, in the case of all-risk insurance or other insurance that covers acts of terrorism, either such insurance is available at a commercially reasonable rate or, based upon due inquiry in accordance with the Servicing Standard, or the subject hazards are at the time commonly insured against for by prudent owners of properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located); and provided, further, that all such insurance shall be obtained from Qualified Insurers that that, if they are providing casualty insurance, shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from of S&P and "A2" from Moody's (or, in the case of either Rating Agency, such lower ratinx rating xx xxll xxxl not result in an Adverse Rating Event with respect to the Certificates or any Class of Certificates rated by such Rating AgencyCompanion Loan Securities, as evidenced in writing by such Rating Agency). All such insurance policies shall contain (if they insure against loss to property and do not relate to an REO Property) a "standard" mortgagee clause, with loss payable to the Master Servicer (in the case of insurance maintained in respect of Serviced Mortgage Loans, including Specially Serviced Mortgage Loans), and shall be in the name of or the Special Servicer (in the case of insurance maintained in respect of Administered REO Properties), on behalf of the Trustee; and, in each case, such insurance shall be issued by a Qualified Insurer. Any amounts collected by the Master Servicer or the Special Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or REO Property or amounts to be released to the related Mortgagor, in each case subject to the rights of any tenants and ground lessors, as the case may be, and in each case in accordance with the terms of the related Mortgage and the Servicing Standard) shall be deposited in the applicable Custodial Account in accordance with Section 3.04(a) or 3.04A(a), as applicablethe case may be, in the case of amounts received in respect of a Serviced Mortgage Loan, or in the applicable REO Account in accordance with Section 3.16(b3.17(b), in the case of amounts received in respect of an Administered REO Property. Any cost incurred by the Master Servicer or the Special Servicer in maintaining any such insurance (including any earthquake insurance maintained at the request of a Serviced Loan Combination Controlling Party Class Certificateholder or the Controlling Class Representative, as applicablerelated Companion Loan Noteholders) shall not, for purposes hereof, including calculating monthly distributions to Certificateholders, be added to the unpaid principal balance or Stated Principal Balance of the related Serviced Mortgage Loan(s) Loan or REO Mortgage Loan(s)Loan, notwithstanding that the terms of such loan so permit, but shall be recoverable by the Master Servicer or and the Special Servicer, as applicable, Servicer as a Servicing Advance. (b) If either the Master Servicer or the Special Servicer shall obtain and maintain, or cause to be obtained and maintained, a blanket policy or master force forced placed policy insuring against hazard losses on all of the Serviced Mortgage Loans and/or Administered REO Properties that it is required to service and administer, then, to the extent such policy (i) is obtained from a Qualified Insurer having (or whose obligations are guaranteed or backed, in writing, by an entity having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's (orif then rated by Moody's, and if not then rated by Moody's, then xxxx a rating of at leasx "A:IXX" xx xxxter by A.M. Best's Key Ratixx Xxxxe or an equivalent rating to a Moody's "A3" rating from at least one nationally recognized statisxxxxx xating agency in addition to xy S&P) (or, in the case of either Rating xxxx Xxting Agency, such lower rating as will not result in an Adverse Rating Event with respect to the Certificates or any Class of Certificates rated by such Rating AgencyCompanion Loan Securities, as evidenced in writing by such Rating Agency), and (ii) provides protection equivalent to the individual policies otherwise required, then the Master Servicer or the Special Servicer, as the case may be, shall conclusively be deemed to have satisfied its obligation to cause hazard insurance to be maintained on the related Mortgaged Properties and/or subject Administered REO Properties. Such blanket policy or master force forced placed policy may contain a deductible clause (not in excess of a customary amount), in which case the Master Servicer or the Special Servicer, as appropriate, shall, if there shall not have been maintained on the related Mortgaged Property or subject Administered REO Property an individual hazard insurance policy complying with the requirements of Section 3.07(a), and there shall have been one or more losses that would have been covered by such individual policy, promptly deposit into the applicable Custodial Account from its own funds the amount not otherwise payable under the blanket policy or master force forced placed policy because of the deductible clause therein, to the extent that any such deductible exceeds the deductible limitation that pertained to the related Serviced Mortgage Loan (or in the absence of any such deductible limitation, the deductible limitation for an individual policy which is consistent with the Servicing Standard). The Master Servicer or the Special Servicer, as appropriate, shall prepare and present, on behalf of itself, the Trustee, Trustee and the Certificateholders and, in the case of a Loan Group Mortgaged Property that secures a Serviced Loan CombinationProperty, the related Non-Trust Mortgage Companion Loan Noteholder(s)Noteholders, claims under any such blanket policy or master force forced placed policy in a timely fashion in accordance with the terms of such policy. (c) Subject to the third paragraph of this Section 3.07(c), each of the Master Servicer and the Special Servicer shall at all times during the term of this Agreement (or, in the case of the Special Servicer, at all times during the term of this Agreement in which Specially Serviced Mortgage Loans and/or Administered REO Properties are part of the Trust Fund) keep in force with Qualified Insurers having (or whose obligations are guaranteed or backed, in writing, by entities having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "Baa3A2" from Moody's (or, if not then rated by Moody's, then at least "A:IX" by X.

Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage; Environmental Insurance. (a) The Master Servicer shall use reasonable efforts, consistent with the Servicing Standard, to cause to be maintained for each Mortgaged Property that secures a Serviced Mortgage Loan and is not an REO Property, all insurance coverage as is required under the related Mortgage Loan (except to the extent that the failure to maintain such insurance coverage is an Acceptable Insurance Default); provided that, if and to the extent that any such Mortgage permits the holder thereof any discretion (by way of consent, approval or otherwise) as to the insurance coverage that the related Mortgagor is required to maintain, the Master Servicer or Special Servicer, as the case may be, shall exercise such discretion in a manner consistent with the Servicing Standard; and provided, further, that, if and to the extent that a Mortgage so permits, the Master Servicer or Special Servicer, as the case may be, shall use reasonable efforts to require the related Mortgagor to obtain the required insurance coverage from Qualified Insurers that shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's Xxxxx'x (or, if not then rated by Moody'sXxxxx'x, an equivalent rating thxxxxx xrom thereto from at least one nationally xxxxxxized recognized statistical rating agency in addition to S&P) (or, in the case of each Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating Agency, as evidenced in writing by such Rating Agency); and provided, further, that the Master Servicer shall cause to be maintained, from Qualified Insurers having a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's Xxxxx'x (or, if not then rated by Moody'sXxxxx'x, an equivalent rating thxxxxx xrom thereto from at least one nationally xxxxxxized recognized statistical rating agency in addition to S&P) (or, in the case of each Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating Agency, as evidenced in writing by such Rating Agency), for any such Mortgaged Property any such insurance that the related Mortgagor is required but fails to maintain, but only to the extent that (i) the Trustee (as mortgagee of record on behalf of the Certificateholders or, in the case of a Mortgaged Property that secures a Serviced Loan Combination, the Certificateholders and the related Non-Trust Mortgage Loan Noteholder(s)) has an insurable interest, and (ii) either (A) such insurance is available at a commercially reasonable rate, or (B) solely in the case of all-risk insurance or other insurance that covers losses from acts of terrorism, the failure by the Mortgagor to maintain such insurance has not been determined by the Special Servicer to constitute an Acceptable Insurance Default. The related Serviced Loan Combination Controlling Party (in the case of a Mortgaged Property that secures a Serviced Loan Combination) or the Controlling Class Representative (in the case of any other Mortgaged Property securing a Serviced Mortgage Loan) may request that earthquake insurance be secured for such Mortgaged Property by the related Mortgagor, to the extent that (i) such insurance may be obtained at a commercially reasonable price and provided (ii) the related loan documents and applicable law give the mortgagee the right to request such insurance coverage and such loan documents require the Mortgagor to obtain earthquake insurance at the request of the mortgagee. Subject to Section 3.17(a), the Special Servicer, in accordance with the Servicing Standard, shall also cause to be maintained for each Administered REO Property no less insurance coverage than was previously required of the Mortgagor under the related Mortgage; provided that such insurance is available at commercially reasonable rates and the subject hazards are at the time commonly insured against for properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located (or, in the case of all-risk insurance or other insurance that covers acts of terrorism, either such insurance is available at a commercially reasonable rate or, based upon due inquiry in accordance with the Servicing Standard, the subject hazards are at the time commonly insured against for properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located); and provided, further, that all such insurance shall be obtained from Qualified Insurers that shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from of S&P and "A2" from Moody's Xxxxx'x (or, in the case of either Rating Agency, such lower ratinx xx xxll rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating Agency, as evidenced in writing by such Rating Agency). All such insurance policies shall contain (if they insure against loss to property and do not relate to an REO Property) a "standard" mortgagee clause, with loss payable to the Master Servicer (in the case of insurance maintained in respect of Serviced Mortgage Loans, including Specially Serviced Mortgage Loans), and shall be in the name of the Special Servicer (in the case of insurance maintained in respect of Administered REO Properties), on behalf of the Trustee. In the event the Special Servicer is in the process of making a determination, in the case of all-risk insurance or other insurance that covers losses from acts of terrorism, as to whether the failure by the Mortgagor to maintain such insurance constitutes an Acceptable Insurance Default or as to whether such insurance is available at a commercially reasonable rate or, based upon due inquiry in accordance with the Servicing Standard, the subject hazards are at the time commonly insured against for properties similar to the subject Mortgaged Property located in or around the region in which such Mortgaged Property is located, during the period that the Special Servicer is evaluating such terrorism insurance hereunder, the Master Servicer shall not be liable for any loss related to its failure to require the related Mortgagor to maintain terrorism insurance and shall not be in default of its obligations hereunder as a result of such failure to maintain terrorism insurance provided that the Master Servicer has given prompt written notice to the Special Servicer of its determination that it will not be successful in its efforts to cause the Mortgagor to obtain such insurance, along with its determination, and any information in its possession, regarding the availability and cost of such insurance. The Special Servicer shall promptly notify the Master Servicer of each determination under this paragraph. Any amounts collected by the Master Servicer or the Special Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or REO Property or amounts to be released to the related Mortgagor, in each case subject to the rights of any tenants and ground lessors, as the case may be, and in each case in accordance with the terms of the related Mortgage and the Servicing Standard) shall be deposited in the applicable Custodial Account in accordance with Section 3.04(a) or 3.04A(a), as applicable, in the case of amounts received in respect of a Serviced Mortgage Loan, or in the applicable REO Account in accordance with Section 3.16(b), in the case of amounts received in respect of an Administered REO Property. Any cost incurred by the Master Servicer or the Special Servicer in maintaining any such insurance (including any earthquake insurance maintained at the request of a Serviced Loan Combination Controlling Party or the Controlling Class Representative, as applicable) shall not, for purposes hereof, including calculating monthly distributions to Certificateholders, be added to the unpaid principal balance or Stated Principal Balance of the related Serviced Mortgage Loan(s) or REO Mortgage Loan(s), notwithstanding that the terms of such loan so permit, but shall be recoverable by the Master Servicer or the Special Servicer, as applicable, as a Servicing Advance. (b) If either the Master Servicer or the Special Servicer shall obtain and maintain, or cause to be obtained and maintained, a blanket policy or master force placed policy insuring against hazard losses on all of the Serviced Mortgage Loans and/or Administered REO Properties that it is required to service and administer, then, to the extent such policy (i) is obtained from a Qualified Insurer having (or whose obligations are guaranteed or backed, in writing, by an entity having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's Xxxxx'x (or, if not then rated by Moody'sXxxxx'x, then a rating of "A:IX" xx xxxter or better by A.M. Best's Key Ratixx Xxxxe Rating Guide or an equivalent rating to a Moody's Xxxxx'x "A3" rating from at least one nationally recognized statisxxxxx xating statistical rating agency in addition to S&P) (or, in the case of either Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating Agency, as evidenced in writing by such Rating Agency), and (ii) provides protection equivalent to the individual policies otherwise required, then the Master Servicer or the Special Servicer, as the case may be, shall conclusively be deemed to have satisfied its obligation to cause hazard insurance to be maintained on the related Mortgaged Properties and/or subject Administered REO Properties. Such blanket policy or master force placed policy may contain a deductible clause (not in excess of a customary amount), in which case the Master Servicer or the Special Servicer, as appropriate, shall, if there shall not have been maintained on the related Mortgaged Property or subject Administered REO Property an individual hazard insurance policy complying with the requirements of Section 3.07(a), and there shall have been one or more losses that would have been covered by such individual policy, promptly deposit into the applicable Custodial Account from its own funds the amount not otherwise payable under the blanket policy or master force placed policy because of the deductible clause therein, to the extent that any such deductible exceeds the deductible limitation that pertained to the related Serviced Mortgage Loan (or in the absence of any such deductible limitation, the deductible limitation for an individual policy which is consistent with the Servicing Standard). The Master Servicer or the Special Servicer, as appropriate, shall prepare and present, on behalf of itself, the Trustee, the Certificateholders and, in the case of a Mortgaged Property that secures a Serviced Loan Combination, the related Non-Trust Mortgage Loan Noteholder(s), claims under any such blanket policy or master force placed policy in a timely fashion in accordance with the terms of such policy. (c) Subject to the third paragraph of this Section 3.07(c), each of the Master Servicer and the Special Servicer shall at all times during the term of this Agreement (or, in the case of the Special Servicer, at all times during the term of this Agreement in which Specially Serviced Mortgage Loans and/or Administered REO Properties are part of the Trust Fund) keep in force with Qualified Insurers having (or whose obligations are guaranteed or backed, in writing, by entities having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "Baa3" from Moody's Xxxxx'x (or, if not then rated by Moody'sXxxxx'x, then at least "A:IX" by X.A.

Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage; Environmental Insurance. (a) The Master Servicer shall use reasonable effortsshall, consistent with the Servicing Standard, to cause to be maintained for each Mortgaged Property (other than the mortgaged properties that secures are part of a Non-Serviced Mortgage Loan and Group) that is not an REO Property, all insurance coverage as is required under the related Mortgage (except to the extent that the failure to maintain such insurance coverage is an Acceptable Insurance Default); provided that, if and to the extent that any such Mortgage permits the holder thereof any discretion (by way of consent, approval or otherwise) as to the insurance coverage that the related Mortgagor is required to maintain, the Master Servicer or Special Servicer, as the case may be, shall exercise such discretion in a manner consistent with the Servicing Standard; and provided, further, that, if and to the extent that a Mortgage so permits, the Master Servicer or Special Servicer, as the case may be, shall use reasonable efforts consistent with the Servicing Standard to require the related Mortgagor to obtain the required insurance coverage from Qualified Insurers that shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3A2" from by Moody's (or, if not then rated by Moody's, an equivalent rating thxxxxx xrom at least one nationally xxxxxxized statistical rating agency in addition to S&P) (or, in the case of each any such Rating Agency, such lower rating as will xx xxxl not result in an Adverse Rating Event with respect to the Certificates or any Class of Certificates rated by such Rating AgencyCompanion Loan Securities, as evidenced in writing by such Rating Agency); and provided, further, that the Master Servicer shall cause to be maintained, maintained for any such Mortgaged Property from Qualified Insurers having that have a "claims paying ability" or "financial strengthstrength rating," rating, as applicable, of at least "A" from S&P and "A3A2" from Moody's (or, if not then rated by Moody's, any such insurance that the related Mortgagor is required bux xxxxx to maintain, only to the extent that the Trustee (as mortgagee of record on behalf of the Certificateholders and, in the case of a Loan Group Mortgaged Property, the related Companion Loan Noteholders) has an equivalent rating thxxxxx xrom insurable interest, and such insurance is available at least one nationally xxxxxxized statistical rating agency a commercially reasonable rate and the subject hazards are at the time commonly insured against by prudent owners of properties similar to the Mortgaged Property located in addition to S&P) or around the region in which such Mortgaged Property is located (or, in the case of each Rating Agencyall-risk insurance or other insurance that covers acts of terrorism, such lower rating as will the Master Servicer shall not result in an Adverse Rating Event with respect be required to any Class of Certificates rated by such Rating Agency, as evidenced in writing by such Rating Agency), cause to be maintained for any such Mortgaged Property any such insurance that the related Mortgagor is required but fails to maintain, but only to the extent that (i) maintain if the Trustee (as mortgagee of record on behalf of the Certificateholders orand, in the case of a Loan Group Mortgaged Property that secures a Serviced Loan CombinationProperty, the Certificateholders and the related Non-Trust Mortgage Companion Loan Noteholder(s)Noteholders) has does not have an insurable interest, interest or the Special Servicer has determined (in its reasonable judgment and (iiin accordance with the Servicing Standard) that either (Ai) such insurance is not available at a commercially reasonable rate, rate and the subject hazards are at the time commonly insured against by prudent owners of properties similar to the Mortgaged Property located in or around the region in which such Mortgaged Property is located or (Bii) solely such insurance is not available at any rate). During the period in which the case of all-risk Special Servicer is evaluating such terrorism insurance or other insurance that covers losses from acts of terrorismcoverage hereunder, the Master Servicer shall not be liable for any loss related to its failure by to require the Mortgagor to maintain terrorism insurance and shall not be in default of its obligations hereunder as a result of such insurance failure, provided that the Master Servicer has not been determined by given prompt notice to the Special Servicer of its determination that it will not be successful in its efforts to constitute an Acceptable Insurance Defaultcause the Mortgagor to obtain such insurance, along with its determination, and any information in its possession, regarding the availability and cost of such insurance. The related Serviced Loan Combination Special Servicer shall be required to promptly notify the Master Servicer of each determination made under the two preceding paragraphs. Any Controlling Party Class Certificateholder, or (i) in the case of a Mortgaged Property that secures a Serviced Loan Combination) or Group, the Controlling Class Representative (in holder of the case of any other Mortgaged Property securing a Serviced Mortgage Loan) related Subordinate Companion Loan may request that earthquake insurance be secured for such one or more Mortgaged Property Properties by the related Mortgagor, to the extent such insurance may reasonably be obtained at a commercially reasonable price and provided the related loan documents and applicable law give the mortgagee the right to request such insurance coverage and such loan documents require the Mortgagor to obtain earthquake insurance at the request of the mortgagee. Subject to Section 3.17(a3.18(a), the Special Servicer, in accordance with the Servicing Standard, shall also cause to be maintained for each Administered REO Property no less insurance coverage than was previously required of the Mortgagor under the related MortgageMortgage (including insurance that covers losses arising from acts of terrorism); provided that such insurance is available at commercially reasonable rates and the subject hazards are at the time commonly insured against for by prudent owners of properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located (or, in the case of all-risk insurance or other insurance that covers acts of terrorism, either such insurance is available at a commercially reasonable rate or, based upon due inquiry in accordance with the Servicing Standard, or the subject hazards are at the time commonly insured against for by prudent owners of properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located); and provided, further, that all such insurance shall be obtained from Qualified Insurers that that, if they are providing casualty insurance, shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from of S&P and "A2" from Moody's (or, in the case of either Rating Agency, such lower ratinx xx xxll rating ax xxxx not result in an Adverse Rating Event with respect to the Certificates or any Class of Certificates rated by such Rating AgencyCompanion Loan Securities, as evidenced in writing by such Rating Agency). All such insurance policies shall contain (if they insure against loss to property and do not relate to an REO Property) a "standard" mortgagee clause, with loss payable to the Master Servicer (in the case of insurance maintained in respect of Serviced Mortgage Loans, including Specially Serviced Mortgage Loans), and shall be in the name of or the Special Servicer (in the case of insurance maintained in respect of Administered REO Properties), on behalf of the Trustee; and, in each case, such insurance shall be issued by a Qualified Insurer. Any amounts collected by the Master Servicer or the Special Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or REO Property or amounts to be released to the related Mortgagor, in each case subject to the rights of any tenants and ground lessors, as the case may be, and in each case in accordance with the terms of the related Mortgage and the Servicing Standard) shall be deposited in the applicable Custodial Account in accordance with Section 3.04(a) or 3.04A(a), as applicablethe case may be, in the case of amounts received in respect of a Serviced Mortgage Loan, or in the applicable REO Account in accordance with Section 3.16(b3.17(b), in the case of amounts received in respect of an Administered REO Property. Any cost incurred by the Master Servicer or the Special Servicer in maintaining any such insurance (including any earthquake insurance maintained at the request of a Serviced Loan Combination Controlling Party Class Certificateholder or the Controlling Class Representative, as applicablerelated Companion Loan Noteholders) shall not, for purposes hereof, including calculating monthly distributions to Certificateholders, be added to the unpaid principal balance or Stated Principal Balance of the related Serviced Mortgage Loan(s) Loan or REO Mortgage Loan(s)Loan, notwithstanding that the terms of such loan so permit, but shall be recoverable by the Master Servicer or and the Special Servicer, as applicable, Servicer as a Servicing Advance. (b) If either the Master Servicer or the Special Servicer shall obtain and maintain, or cause to be obtained and maintained, a blanket policy or master force forced placed policy insuring against hazard losses on all of the Serviced Mortgage Loans and/or Administered REO Properties that it is required to service and administer, then, to the extent such policy (i) is obtained from a Qualified Insurer having (or whose obligations are guaranteed or backed, in writing, by an entity having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's (orif then rated by Moody's, and if not then rated by Moody's, then a xxxx x rating of at least "A:IXX" xx xxxter by A.M. Best's Key Ratixx Xxxxe or an equivalent rating to a Moody's "A3" rating from at least one nationally recognized statisxxxxx xating agency in addition to S&P) (or, in the case of either Rating eaxx Xxxxng Agency, such lower rating as will not result in an Adverse Rating Event with respect to the Certificates or any Class of Certificates rated by such Rating AgencyCompanion Loan Securities, as evidenced in writing by such Rating Agency), and (ii) provides protection equivalent to the individual policies otherwise required, then the Master Servicer or the Special Servicer, as the case may be, shall conclusively be deemed to have satisfied its obligation to cause hazard insurance to be maintained on the related Mortgaged Properties and/or subject Administered REO Properties. Such blanket policy or master force forced placed policy may contain a deductible clause (not in excess of a customary amount), in which case the Master Servicer or the Special Servicer, as appropriate, shall, if there shall not have been maintained on the related Mortgaged Property or subject Administered REO Property an individual hazard insurance policy complying with the requirements of Section 3.07(a), and there shall have been one or more losses that would have been covered by such individual policy, promptly deposit into the applicable Custodial Account from its own funds the amount not otherwise payable under the blanket policy or master force forced placed policy because of the deductible clause therein, to the extent that any such deductible exceeds the deductible limitation that pertained to the related Serviced Mortgage Loan (or in the absence of any such deductible limitation, the deductible limitation for an individual policy which is consistent with the Servicing Standard). The Master Servicer or the Special Servicer, as appropriate, shall prepare and present, on behalf of itself, the Trustee, Trustee and the Certificateholders and, in the case of a Loan Group Mortgaged Property that secures a Serviced Loan CombinationProperty, the related Non-Trust Mortgage Companion Loan Noteholder(s)Noteholders, claims under any such blanket policy or master force forced placed policy in a timely fashion in accordance with the terms of such policy. (c) Subject to the third paragraph of this Section 3.07(c), each of the Master Servicer and the Special Servicer shall at all times during the term of this Agreement (or, in the case of the Special Servicer, at all times during the term of this Agreement in which Specially Serviced Mortgage Loans and/or Administered REO Properties are part of the Trust Fund) keep in force with Qualified Insurers having (or whose obligations are guaranteed or backed, in writing, by entities having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "Baa3A2" from Moody's (or, if not then rated by Moody's, then at least "A:IX" by X.A.

Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage; Environmental Insurance. (a) The Master Servicer shall use reasonable effortsshall, consistent with the Servicing Standard, to cause to be maintained for each Mortgaged Property (other than the Mortgaged Property securing the Non-Serviced Loan Groups, which are serviced under the applicable Lead PSA) that secures a Serviced Mortgage Loan and is not an REO Property, all insurance coverage as is required under the related Mortgage (except to the extent that the failure to maintain such insurance coverage is an Acceptable Insurance Default); provided that, if and to the extent that any such Mortgage permits the holder thereof any discretion (by way of consent, approval or otherwise) as to the insurance coverage that the related Mortgagor is required to maintain, the Master Servicer or Special Servicer, as the case may be, shall exercise such discretion in a manner consistent with the Servicing Standard; and provided, further, that, if and to the extent that a Mortgage so permits, the Master Servicer or Special Servicer, as the case may be, shall use reasonable efforts consistent with the Servicing Standard to require the related Mortgagor to obtain the required insurance coverage from Qualified Insurers that shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P S&P, "A" from Fitch Ratings and "A3A2" from by Moody's (or, if not then rated by Moody's, an equivalent rating thxxxxx xrom at least one nationally xxxxxxized statistical rating agency in addition to S&P) (or, in the case of each any such Rating Agency, such lower rating as will ax xxxx not result in an Adverse Rating Event with respect to the Certificates or any Class of Certificates rated by such Rating AgencyCompanion Loan Securities, as evidenced in writing by such Rating Agency); and provided, further, that the Master Servicer shall cause to be maintained, maintained for any such Mortgaged Property from Qualified Insurers having that have a "claims paying ability" or "financial strengthstrength rating," rating, as applicable, of at least "A" from S&P S&P, "A" from Fitch Ratings and "A3A2" from Moody's (or, if not then rated by Moody's, an equivalent rating thxxxxx xrom at least one nationally xxxxxxized statistical rating agency in addition to S&P) (or, in the case of each Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating Agency, as evidenced in writing by such Rating Agency), for any such Mortgaged Property any such insurance that the related Mortgagor is required but fails to xxxxx xo maintain, but only to the extent that (i) the Trustee (as mortgagee of record on behalf of the Certificateholders orand, in the case of a Loan Group Mortgaged Property that secures a Serviced Loan CombinationProperty, the Certificateholders and the related Non-Trust Mortgage Companion Loan Noteholder(s)Noteholders) has an insurable interest, and (ii) either (A) such insurance is available at a commercially reasonable rate, rate and the subject hazards are at the time commonly insured against by prudent owners of properties similar to the Mortgaged Property located in or (B) solely around the region in which such Mortgaged Property is located. Notwithstanding the case of all-risk insurance or other insurance that covers losses from acts of terrorismforegoing, the failure by the Mortgagor Master Servicer or Special Servicer, as applicable, will not be required to maintain such insurance has not been determined by the Special Servicer to constitute an Acceptable Insurance Default. The related Serviced Loan Combination Controlling Party (in the case of the Special Servicer, with respect any REO Property), and shall not cause a Mortgagor to be in default with respect to the failure of the related Mortgagor to obtain, all-risk casualty insurance that does not contain any carve-out for terrorist or similar acts, if, and only if, (1) the Special Servicer has determined in accordance with the Servicing Standard that either (a) such insurance is not available at any rate, or (b) such insurance is not available at commercially reasonable rates and that such hazards are not at the time commonly insured against for properties similar to the Mortgaged Property and located in or around the region in which such Mortgaged Property is located; and (2) the Special Servicer has obtained the consent or deemed consent of the Directing Holder or its representative in accordance with the provisions of Section 6.11. The requirement of the Special Servicer to obtain the consent of the Directing Holder shall be subject to the following limitations: (a) the Special Servicer shall not be required to obtain the consent of the Directing Holder or its representative if such consent would cause the Special Servicer to violate the Servicing Standard, (b) the Directing Holder's consent shall be deemed to have been given if it has not responded within ten Business Days of receipt of the Special Servicer's written recommendation and the information upon which such recommendation is based, and (c) upon the Special Servicer's determination, consistent with the Servicing Standard, that secures exigent circumstances do not allow the Special Servicer to consult with the Directing Holder, the Special Servicer will not be required to do so. During the period in which the Special Servicer is evaluating such terrorism insurance coverage hereunder, the Master Servicer shall not be liable for any loss related to its failure to require the Mortgagor to maintain terrorism insurance and shall not be in default of its obligations hereunder as a Serviced Loan Combination) or result of such failure, provided that the Master Servicer has given prompt notice to the Special Servicer of its determination that it will not be successful in its efforts to cause the Mortgagor to obtain such insurance, along with its determination, and any information in its possession, regarding the availability and cost of such insurance. The Special Servicer shall be required to promptly notify the Master Servicer of each determination made under the two preceding paragraphs. Any Controlling Class Representative (Certificateholder or, in the case of any other Mortgaged Property securing a Serviced Mortgage Loan) Loan Group, the holder of the related Subordinate Companion Loan (and/or in the case of the 111 Eighth Avenue Loan Group, the Class OEA-B Majority Holder), may request that earthquake reqxxxx xxxx xxxxxxxake insurance be secured for such one or more Mortgaged Property Properties by the related Mortgagor, to the extent such insurance may reasonably be obtained at a commercially reasonable price and and, provided the related loan Loan documents and applicable law give the mortgagee the right to request such insurance coverage and such loan Loan documents require the Mortgagor to obtain earthquake insurance at the request of the mortgagee. Subject to Section 3.17(a), the Special Servicer, in accordance with the Servicing Standard, shall also cause to be maintained for each Administered REO Property no less insurance coverage than was previously required of the Mortgagor under the related Mortgage; provided that such insurance is available at commercially reasonable rates and the subject hazards are at the time commonly insured against for properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located (or, in the case of all-risk insurance or other insurance that covers acts of terrorism, either such insurance is available at a commercially reasonable rate or, based upon due inquiry in accordance with the Servicing Standard, the subject hazards are at the time commonly insured against for properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located); and provided, further, that all such insurance shall be obtained from Qualified Insurers that shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from of S&P and "A2" from Moody's (or, in the case of either Rating Agency, such lower ratinx xx xxll not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating Agency, as evidenced in writing by such Rating Agency). All such insurance policies shall contain (if they insure against loss to property and do not relate to an REO Property) a "standard" mortgagee clause, with loss payable to the Master Servicer (in the case of insurance maintained in respect of Serviced Mortgage Loans, including Specially Serviced Mortgage Loans), and shall be in the name of the Special Servicer (in the case of insurance maintained in respect of Administered REO Properties), on behalf of the Trustee. Any amounts collected by the Master Servicer or the Special Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or REO Property or amounts to be released to the related Mortgagor, in each case subject to the rights of any tenants and ground lessors, as the case may be, and in each case in accordance with the terms of the related Mortgage and the Servicing Standard) shall be deposited in the applicable Custodial Account in accordance with Section 3.04(a) or 3.04A(a), as applicable, in the case of amounts received in respect of a Serviced Mortgage Loan, or in the applicable REO Account in accordance with Section 3.16(b), in the case of amounts received in respect of an Administered REO Property. Any cost incurred by the Master Servicer or the Special Servicer in maintaining any such insurance (including any earthquake insurance maintained at the request of a Serviced Loan Combination Controlling Party or the Controlling Class Representative, as applicable) shall not, for purposes hereof, including calculating monthly distributions to Certificateholders, be added to the unpaid principal balance or Stated Principal Balance of the related Serviced Mortgage Loan(s) or REO Mortgage Loan(s), notwithstanding that the terms of such loan so permit, but shall be recoverable by the Master Servicer or the Special Servicer, as applicable, as a Servicing Advance. (b) If either the Master Servicer or the Special Servicer shall obtain and maintain, or cause to be obtained and maintained, a blanket policy or master force placed policy insuring against hazard losses on all of the Serviced Mortgage Loans and/or Administered REO Properties that it is required to service and administer, then, to the extent such policy (i) is obtained from a Qualified Insurer having (or whose obligations are guaranteed or backed, in writing, by an entity having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's (or, if not then rated by Moody's, then a rating of "A:IX" xx xxxter by A.M. Best's Key Ratixx Xxxxe or an equivalent rating to a Moody's "A3" rating from at least one nationally recognized statisxxxxx xating agency in addition to S&P) (or, in the case of either Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating Agency, as evidenced in writing by such Rating Agency), and (ii) provides protection equivalent to the individual policies otherwise required, then the Master Servicer or the Special Servicer, as the case may be, shall conclusively be deemed to have satisfied its obligation to cause hazard insurance to be maintained on the related Mortgaged Properties and/or subject Administered REO Properties. Such blanket policy or master force placed policy may contain a deductible clause (not in excess of a customary amount), in which case the Master Servicer or the Special Servicer, as appropriate, shall, if there shall not have been maintained on the related Mortgaged Property or subject Administered REO Property an individual hazard insurance policy complying with the requirements of Section 3.07(a), and there shall have been one or more losses that would have been covered by such individual policy, promptly deposit into the applicable Custodial Account from its own funds the amount not otherwise payable under the blanket policy or master force placed policy because of the deductible clause therein, to the extent that any such deductible exceeds the deductible limitation that pertained to the related Serviced Mortgage Loan (or in the absence of any such deductible limitation, the deductible limitation for an individual policy which is consistent with the Servicing Standard). The Master Servicer or the Special Servicer, as appropriate, shall prepare and present, on behalf of itself, the Trustee, the Certificateholders and, in the case of a Mortgaged Property that secures a Serviced Loan Combination, the related Non-Trust Mortgage Loan Noteholder(s), claims under any such blanket policy or master force placed policy in a timely fashion in accordance with the terms of such policy. (c) Subject to the third paragraph of this Section 3.07(c), each of the Master Servicer and the Special Servicer shall at all times during the term of this Agreement (or, in the case of the Special Servicer, at all times during the term of this Agreement in which Specially Serviced Mortgage Loans and/or Administered REO Properties are part of the Trust Fund) keep in force with Qualified Insurers having (or whose obligations are guaranteed or backed, in writing, by entities having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "Baa3" from Moody's (or, if not then rated by Moody's, then at least "A:IX" by X.

Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage; Environmental Insurance. (a) The Master Servicer shall use reasonable efforts, consistent with the Servicing Standard, to cause to be maintained for each Mortgaged Property that secures a Serviced Mortgage Loan and is not an REO Property, all insurance coverage as is required under the related Mortgage (except to the extent that the failure to maintain such insurance coverage is an Acceptable Insurance Default); provided that, if and to the extent that any such Mortgage permits the holder thereof any discretion (by way of consent, approval or otherwise) as to the insurance coverage that the related Mortgagor is required to maintain, the Master Servicer or Special Servicer, as the case may be, shall exercise such discretion in a manner consistent with the Servicing Standard; and provided, further, that, if and to the extent that a Mortgage so permits, the Master Servicer or Special Servicer, as the case may be, shall use reasonable efforts to require the related Mortgagor to obtain the required insurance coverage from Qualified Insurers that shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and (and, if applicable, "A3" from Moody's Xxxxx'x) and "A" from Fitch (orif then rated by Fitch or Xxxxx'x, as applicable, and if not then rated by Moody'sFitch or Xxxxx'x, as applicable, then an equivalent rating thxxxxx xrom to a rating of "A" by Fitch or "A3" by Xxxxx'x, as applicable, in each case by at least one nationally xxxxxxized recognized statistical rating agency in addition to besides S&P) (or, in the case of each Rating AgencyAgency and, if applicable, Xxxxx'x, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates or, if applicable, any class of Westfield North Bridge Non-Trust Mortgage Loan Securities rated by such Rating Agencyrating agency, as evidenced in writing by such Rating Agencyrating agency); and provided, further, that the Master Servicer shall cause to be maintained, from Qualified Insurers having a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and (and, if applicable, "A3" from Moody's Xxxxx'x) and "A" from Fitch (orif then rated by Fitch or Xxxxx'x, as applicable, and if not then rated by Moody'sFitch or Xxxxx'x, then an equivalent rating thxxxxx xrom to a rating of "A" by Fitch or "A3" by Xxxxx'x, as applicable, in each case by at least one nationally xxxxxxized recognized statistical rating agency in addition to besides S&P) (or, in the case of each Rating AgencyAgency and, if applicable, Xxxxx'x, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates or, if applicable any class of Westfield North Bridge Non-Trust Mortgage Loan Securities rated by such Rating Agencyrating agency, as evidenced in writing by such Rating Agencyrating agency), for any such Mortgaged Property any such insurance that the related Mortgagor is required but fails to maintain, but only to the extent that (i) the Trustee (as mortgagee of record on behalf of the Certificateholders or, in the case of a Mortgaged Property that secures a Serviced Loan Combination, the Certificateholders and the related Non-Trust Mortgage Loan Noteholder(s)) has an insurable interest, and (ii) either (A) such insurance is available at a commercially reasonable rate, or (B) solely in the case of all-risk insurance or other insurance that covers losses from acts of terrorism, the failure by the Mortgagor to maintain such insurance coverage has not been determined by the Special Servicer to constitute an Acceptable Insurance Default. The related Serviced Loan Combination Woodside Village Controlling Party (in the case of a the Woodside Village Mortgaged Property that secures a Serviced Loan CombinationProperty) or the Controlling Class Representative (in the case of any other Mortgaged Property securing a Serviced Mortgage LoanProperty) may request that earthquake insurance be secured for such a Mortgaged Property (other than the Two Penn Plaza Mortgaged Property) by the related Mortgagor, to the extent such insurance may be obtained at a commercially reasonable price and provided the related loan documents and applicable law give the mortgagee the right to request such insurance coverage and such loan documents require the Mortgagor to obtain earthquake insurance at the request of the mortgagee. Subject to Section 3.17(a), the Special Servicer, in accordance with the Servicing Standard, shall also cause to be maintained for each Administered REO Property no less insurance coverage than was previously required of the Mortgagor under the related Mortgage; provided that such insurance is available at commercially reasonable rates and the subject hazards are at the time commonly insured against for properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located (or, in the case of all-risk insurance or other insurance that covers acts of terrorism, either such insurance is available at a commercially reasonable rate or, based upon due inquiry in accordance with the Servicing Standard, the subject hazards are at the time commonly insured against for properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located); and provided, further, that all such insurance shall be obtained from Qualified Insurers that shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from each of S&P and Fitch (and, if applicable "A2" from Moody's Xxxxx'x) (or, in the case of either Rating AgencyAgency and, if applicable, Xxxxx'x, such lower ratinx xx xxll rating as will not result in an Adverse Rating Event with respect to any Class of Certificates or, if applicable, any class of Westfield North Bridge Non-Trust Mortgage Loan Securities rated by such Rating Agencyrating agency, as evidenced in writing by such Rating Agencyrating agency). All such insurance policies shall contain (if they insure against loss to property and do not relate to an REO Property) a "standard" mortgagee clause, with loss payable to the Master Servicer (in the case of insurance maintained in respect of Serviced Mortgage Loans, including Specially Serviced Mortgage Loans), and shall be in the name of the Special Servicer (in the case of insurance maintained in respect of Administered REO Properties), on behalf of the Trustee. Notwithstanding anything in this Section 3.07(a) to the contrary, any rating requirement with respect to Xxxxx'x shall only be required if a class of Westfield North Bridge Non-Trust Mortgage Loan Securities is rated by Xxxxx'x. Any amounts collected by the Master Servicer or the Special Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or REO Property or amounts to be released to the related Mortgagor, in each case subject to the rights of any tenants and ground lessors, as the case may be, and in each case in accordance with the terms of the related Mortgage and the Servicing Standard) shall be deposited in the applicable Custodial Account in accordance with Section 3.04(a) or 3.04A(a), as applicable, in the case of amounts received in respect of a Serviced Mortgage Loan, or in the applicable REO Account in accordance with Section 3.16(b), in the case of amounts received in respect of an Administered REO Property. Any cost incurred by the Master Servicer or the Special Servicer in maintaining any such insurance (including any earthquake insurance maintained at the request of a Serviced Loan Combination the Woodside Village Controlling Party or the Controlling Class Representative, as applicable) shall not, for purposes hereof, including calculating monthly distributions to Certificateholders, be added to the unpaid principal balance or Stated Principal Balance of the related Serviced Mortgage Loan(s) or REO Mortgage Loan(s), notwithstanding that the terms of such loan so permit, but shall be recoverable by the Master Servicer or the Special Servicer, as applicable, as a Servicing Advance. (b) If either the Master Servicer or the Special Servicer shall obtain and maintain, or cause to be obtained and maintained, a blanket policy or master force placed policy insuring against hazard losses on all of the Serviced Mortgage Loans and/or Administered REO Properties that it is required to service and administer, then, to the extent such policy (i) is obtained from a Qualified Insurer having (or whose obligations are guaranteed or backed, in writing, by an entity having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's (or, if not then rated by Moody's, then a rating of "A:IX" xx xxxter by A.M. Best's Key Ratixx Xxxxe or an equivalent rating to a Moody's "A3" rating from at least one nationally recognized statisxxxxx xating agency in addition to S&P) (or, in the case of either Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating Agency, as evidenced in writing by such Rating Agency), and (ii) provides protection equivalent to the individual policies otherwise required, then the Master Servicer or the Special Servicer, as the case may be, shall conclusively be deemed to have satisfied its obligation to cause hazard insurance to be maintained on the related Mortgaged Properties and/or subject Administered REO Properties. Such blanket policy or master force placed policy may contain a deductible clause (not in excess of a customary amount), in which case the Master Servicer or the Special Servicer, as appropriate, shall, if there shall not have been maintained on the related Mortgaged Property or subject Administered REO Property an individual hazard insurance policy complying with the requirements of Section 3.07(a), and there shall have been one or more losses that would have been covered by such individual policy, promptly deposit into the applicable Custodial Account from its own funds the amount not otherwise payable under the blanket policy or master force placed policy because of the deductible clause therein, to the extent that any such deductible exceeds the deductible limitation that pertained to the related Serviced Mortgage Loan (or in the absence of any such deductible limitation, the deductible limitation for an individual policy which is consistent with the Servicing Standard). The Master Servicer or the Special Servicer, as appropriate, shall prepare and present, on behalf of itself, the Trustee, the Certificateholders and, in the case of a Mortgaged Property that secures a Serviced Loan Combination, the related Non-Trust Mortgage Loan Noteholder(s), claims under any such blanket policy or master force placed policy in a timely fashion in accordance with the terms of such policy. (c) Subject to the third paragraph of this Section 3.07(c), each of the Master Servicer and the Special Servicer shall at all times during the term of this Agreement (or, in the case of the Special Servicer, at all times during the term of this Agreement in which Specially Serviced Mortgage Loans and/or Administered REO Properties are part of the Trust Fund) keep in force with Qualified Insurers having (or whose obligations are guaranteed or backed, in writing, by entities having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "Baa3" from Moody's (or, if not then rated by Moody's, then at least "A:IX" by X.

Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage; Environmental Insurance. (a) The Master Servicer shall use reasonable efforts(in the case of Performing Serviced Loans) or the Special Servicer (in the case of Specially Serviced Loans) shall, consistent with the Servicing Standard, to cause to be maintained for each Mortgaged Property that secures a Serviced Mortgage Loan and is not an REO Property, all insurance coverage as is required under the related Mortgage (except to the extent that the failure to maintain such insurance coverage is an Acceptable Insurance Default); provided that, if and to the extent that any such Mortgage permits the holder thereof any discretion (by way of consent, approval or otherwise) as to the insurance coverage that the related Mortgagor is required to maintain, the Master Servicer or Special Servicer, as the case may be, shall exercise such discretion in a manner consistent with the Servicing Standard; and provided, further, that, if and to the extent that a Mortgage so permits, the Master Servicer or Special Servicer, as the case may be, shall use reasonable efforts to require the related Mortgagor to obtain the required insurance coverage from Qualified Insurers that shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P S&P, and "A3" from Moody's (orif then rxxxx xx Moody's, and if not then nox xxxx rated by Moody's, an equivalent then at lxxxx x rating thxxxxx xrom at least one nationally xxxxxxized statistical rating agency in addition to of "A" by S&P) (or, in the case of each any such Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating AgencyEvent, as evidenced in writing by such Rating Agency); and provided, further, that the Master Servicer or the Special Servicer, as the case may be, shall obtain or cause to be maintained, from Qualified Insurers having a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's (or, if not then rated by Moody's, an equivalent rating thxxxxx xrom at least one nationally xxxxxxized statistical rating agency in addition to S&P) (or, in the case of each Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating Agency, as evidenced in writing by such Rating Agency), maintained for any such Mortgaged Property any such insurance that the related Mortgagor is required but fails to maintain, but only to the extent that (i) the Trustee (as mortgagee of record on behalf of the Certificateholders orand, in the case of a Loan Pair Mortgaged Property that secures a Serviced Loan CombinationProperty, the Certificateholders and the related Non-Trust Mortgage Companion Loan Noteholder(s)Noteholders) has an insurable interest, and (ii) either (A) such insurance is available at a commercially reasonable rate, or (B) solely in the case of all-risk insurance or other insurance that covers losses from acts of terrorism, the failure by the Mortgagor to maintain such insurance coverage has not been determined by the Master Servicer (with respect to Performing Serviced Loans) or the Special Servicer (with respect to Specially Serviced Loans), as the case may be, to constitute an Acceptable Insurance Default. The related Serviced Loan Combination Controlling Party (in the case of a Mortgaged Property that secures a Serviced Loan Combination) or the Any Controlling Class Representative (in the case of any other Mortgaged Property securing a Serviced Mortgage Loan) Certificateholder may request that earthquake insurance be secured for such one or more Mortgaged Property Properties by the related Mortgagor, to the extent such insurance may reasonably be obtained at a commercially reasonable price and provided the related loan documents and applicable law give the mortgagee the right to request such insurance coverage and such loan documents require the Mortgagor to obtain earthquake insurance at the request of the mortgagee. The related Companion Loan Noteholder (provided that an Appraisal Control Event has not occurred) may request that earthquake insurance, to the extent such insurance may reasonably be obtained, be secured for the related Loan Pair Mortgaged Property, at the expense of such Companion Loan Noteholder. Subject to Section 3.17(a), the Special Servicer, in accordance with the Servicing Standard, shall also cause to be maintained for each Administered REO Property no less insurance coverage than was previously required of the Mortgagor under the related Mortgage; provided that such insurance is available at commercially reasonable rates and the subject hazards are at the time commonly insured against for properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located (or, in the case of all-risk insurance or other insurance that covers acts of terrorism, either such insurance is available at a commercially reasonable rate or, based upon due inquiry in accordance with the Servicing Standard, or the subject hazards are at the time commonly insured against for properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located); and provided, further, that all such insurance shall be obtained from Qualified Insurers that that, if they are providing casualty insurance, shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from of S&P and "A2" from Moody's (or, in the case thx xxxx of either Rating Agency, such lower ratinx xx xxll rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating AgencyEvent, as evidenced in writing by such Rating Agency). All such insurance policies shall contain (if they insure against loss to property and do not relate to an REO Property) a "standard" mortgagee clause, with loss payable to the Master Servicer (in the case of insurance maintained in respect of Serviced Mortgage Loans, including Specially Serviced Mortgage Loans), and shall be in the name of the Special Servicer (in the case of insurance maintained in respect of Administered REO Properties), on behalf of the Trustee; and, in each case, such insurance shall be issued by a Qualified Insurer. Any amounts collected by the Master Servicer or the Special Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or REO Property or amounts to be released to the related Mortgagor, in each case subject to the rights of any tenants and ground lessors, as the case may be, and in each case in accordance with the terms of the related Mortgage and the Servicing Standard) shall be deposited in the applicable Custodial Account in accordance with Section 3.04(a) or 3.04A(a), as applicable, in the case of amounts received in respect of a Serviced Mortgage Loan, or in the applicable REO Account in accordance with Section 3.16(b), in the case of amounts received in respect of an Administered REO Property. Any cost incurred by the Master Servicer or the Special Servicer in maintaining any such insurance (including any earthquake insurance maintained at the request of a Serviced Loan Combination Controlling Party or the Controlling Class Representative, as applicableCertificateholder or a Companion Loan Noteholder) shall not, for purposes hereof, including calculating monthly distributions to Certificateholders, be added to the unpaid principal balance or Stated Principal Balance of the related Serviced Mortgage Loan(s) Loan or REO Mortgage Loan(s)Loan, notwithstanding that the terms of such loan so permit, but shall be recoverable by the Master Servicer or the Special Servicer, as applicable, as a Servicing Advance. The Master Servicer shall not make any determination (i) that a Servicing Transfer Event has occurred with respect to any Mortgage Loan solely by reason of the failure of the related Mortgagor to maintain or cause to be maintained with respect to a Mortgaged Property insurance coverage against damages or losses arising from acts of terrorism or (ii) to force place any insurance against damages or losses arising from acts of terrorism that is failed to be maintained by the related Mortgagor with respect to a Mortgaged Property, unless the Master Servicer has given prior notice of such determination to the Directing Holder, and, in connection therewith, has provided the Directing Holder with its written recommendation and such information (including data regarding any analysis performed in accordance with subclauses (i) and/or (ii) of the definition of "Acceptable Insurance Default" and information regarding the cost of forceplacing the subject insurance) on which the Master Servicer has based its determination and with such other information as such party shall reasonably require, but only to the extent such information is in its possession or easily obtainable by it and relates to the determination made by the Master Servicer under clauses (i) or (ii) above. Notwithstanding the foregoing, with respect to a Performing Serviced Loan, a Servicing Transfer Event shall occur with respect to such Mortgage Loan on the 60th day following the date that the Master Servicer force places such insurance based upon either (i) the continued failure of the related Mortgagor to maintain or cause to be maintained insurance against damages or losses arising from acts of terrorism in accordance with the related Mortgage Loan documents or (ii) the Master Servicer's not having been reimbursed for any Servicing Advances made in connection with the forced placement of the subject insurance (unless both the circumstances giving rise to such forced placement of such insurance have otherwise been cured and the Master Servicer has been reimbursed for any Servicing Advances made in connection with the forced placement of the subject insurance). Notwithstanding anything to the contrary herein, the Master Servicer shall not be responsible for any losses incurred with respect to the subject Mortgaged Property as a result of the delay in causing a Servicing Transfer Event for, or in forceplacing such terrorism insurance with respect to, a Mortgage Loan in accordance with the second preceding sentence or in accordance with Section 6.11, if applicable. Any cost incurred by the Master Servicer in connection with maintaining any insurance referred to in this paragraph shall be paid by the Master Servicer and recoverable as a Servicing Advance, subject to Section 3.11(h) and Section 3.11(i). (b) If either the Master Servicer or the Special Servicer shall obtain and maintain, or cause to be obtained and maintained, a blanket policy or master force placed policy insuring against hazard losses on all of the Serviced Mortgage Loans and/or Administered REO Properties that it is required to service and administer, then, to the extent such policy (i) is obtained from a Qualified Insurer having (or whose obligations are guaranteed or backed, in writing, by an entity having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and S&P, "A3" from Moody's (orif then rxxxx xx Moody's, and if not then nox xxxx rated by Moody's, then a rating of raxxxx xx at least "A:IX" xx xxxter by A.M. Best's Key Ratixx Xxxxe or an equivalent rating to a Moody's "A3" rating from at least one nationally recognized statisxxxxx xating agency in addition to S&P) (or, in the case of either Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating AgencyEvent, as evidenced in writing by such Rating Agency), and (ii) provides protection equivalent to the individual policies otherwise required, then the Master Servicer or the Special Servicer, as the case may be, shall conclusively be deemed to have satisfied its obligation to cause hazard insurance to be maintained on the related Mortgaged Properties and/or subject Administered REO Properties. Such blanket policy or master force placed policy may contain a deductible clause (not in excess of a customary amount), in which case the Master Servicer or the Special Servicer, as appropriate, shall, if there shall not have been maintained on the related Mortgaged Property or subject Administered REO Property an individual hazard insurance policy complying with the requirements of Section 3.07(a), and there shall have been one or more losses that would have been covered by such individual policy, promptly deposit into the applicable Custodial Account from its own funds the amount not otherwise payable under the blanket policy or master force placed policy because of the deductible clause therein, to the extent that any such deductible exceeds the deductible limitation that pertained to the related Serviced Mortgage Loan (or in the absence of any such deductible limitation, the deductible limitation for an individual policy which is consistent with the Servicing Standard). The Master Servicer or the Special Servicer, as appropriate, shall prepare and present, on behalf of itself, the Trustee, Trustee and the Certificateholders and, in the case of a Loan Pair Mortgaged Property that secures a Serviced Loan CombinationProperty, the related Non-Trust Mortgage Companion Loan Noteholder(s)Noteholders, claims under any such blanket policy or master force placed policy in a timely fashion in accordance with the terms of such policy. (c) Subject to the third paragraph of this Section 3.07(c), each of the Master Servicer and the Special Servicer shall at all times during the term of this Agreement (or, in the case of the Special Servicer, at all times during the term of this Agreement in which Specially Serviced Mortgage Loans and/or Administered REO Properties are part of the Trust Fund) keep in force with Qualified Insurers having (or whose obligations are guaranteed or backed, in writing, by entities having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "Baa3" from Moody's (or, if not then nox xxxx rated by Moody's, then at least lxxxx "A:X-IX" by X.A.

Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage; Environmental Insurance. (a) The Master Servicer shall use reasonable efforts(in the case of all Loans other than Specially Serviced Loans) or Special Servicer (in the case of Specially Serviced Loans) shall, consistent with the Servicing Standard, to cause to be maintained for each Mortgaged Property (other than the Mortgaged Property securing the Non-Serviced Loan Groups, which are serviced under the applicable Lead PSA) that secures a Serviced Mortgage Loan and is not an REO Property, all insurance coverage as is required under the related Mortgage (except to the extent that the failure to maintain such insurance coverage is an Acceptable Insurance Default); provided that, if and to the extent that any such Mortgage permits the holder thereof any discretion (by way of consent, approval or otherwise) as to the insurance coverage that the related Mortgagor is required to maintain, the Master Servicer or Special Servicer, as the case may be, shall exercise such discretion in a manner consistent with the Servicing Standard; and provided, further, that, if and to the extent that a Mortgage so permits, the Master Servicer or Special Servicer, as the case may be, shall use reasonable efforts consistent with the Servicing Standard to require the related Mortgagor to obtain the required insurance coverage from Qualified Insurers that have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A2" by Moody's (or, in the case of any such Rating Agency, such lower ratinx xx xxll not result in an Adverse Rating Event with respect to the Certificates or any Companion Loan Securities, as evidenced in writing by such Rating Agency); and provided, further, that the Master Servicer or Special Servicer, as applicable, shall cause to be maintained for any such Mortgaged Property from Qualified Insurers that have a "claims paying ability" or "financial strength rating," as applicable, of at least "A" from S&P and "A2" from Moody's, any such insurance that the related Mortgagor is required bxx xxxxs to maintain, only to the extent that the Trustee (as mortgagee of record on behalf of the Certificateholders and, in the case of a Loan Group Mortgaged Property, the related Companion Loan Noteholders) has an insurable interest, and such insurance is available at a commercially reasonable rate and the subject hazards are at the time commonly insured against by prudent owners of properties similar to the Mortgaged Property located in or around the region in which such Mortgaged Property is located. Notwithstanding the foregoing, including whether or not such a failure to maintain insurance would be an Acceptable Insurance Default, the Master Servicer or Special Servicer, as applicable, will not be required to maintain, and shall not cause a Mortgagor to be in default with respect to the failure of the related Mortgagor to obtain, all-risk casualty insurance that does not contain any carve-out for terrorist or similar acts, if, and only if, (1) the Master Servicer (with respect to all Mortgage Loans other than Specially Serviced Loans) and the Special Servicer (with respect to Specially Serviced Loans) have determined in accordance with the Servicing Standard that either (a) such insurance is not available at any rate, or (b) such insurance is not available at commercially reasonable rates and that such hazards are not at the time commonly insured against for properties similar to the Mortgaged Property and located in or around the region in which such Mortgaged Property is located; and (2) the Special Servicer has obtained the consent or deemed consent of the Directing Holder or its representative in accordance with the provisions of Section 6.11. The requirement of the Master Servicer (with respect to all Mortgage Loans other than the Specially Serviced Loans) and the Special Servicer (with respect to Specially Serviced Loans) to obtain the consent of the Directing Holder shall be subject to the following limitations: (a) the Directing Holder's consent shall be deemed to have been given if it has not responded within ten Business Days of receipt of the Master Servicer's (with respect to all Mortgage Loans other than the Specially Serviced Loans) and the Special Servicer's (with respect to Specially Serviced Loans) written recommendation and the information upon which such recommendation is based, and (b) upon the Master Servicer's (with respect to all Mortgage Loans other than the Specially Serviced Loans) and the Special Servicer's (with respect to Specially Serviced Loans) determination, consistent with the Servicing Standard, that exigent circumstances do not allow the Master Servicer or Special Servicer, as applicable, to consult with the Directing Holder, the Master Servicer or the Special Servicer, as applicable, will not be required to do so. During the period in which the Directing Holder is evaluating such terrorism insurance coverage hereunder, the Master Servicer and Special Servicer shall not be liable for any loss related to its failure to require the Mortgagor to maintain terrorism insurance and shall not be in default of its obligations hereunder as a result of such failure, provided that the Master Servicer or Special Servicer, as the case may be, has given prompt notice to the Directing Holder of its determination that it will not be successful in its efforts to cause the Mortgagor to obtain such insurance, along with its determination, and any information in its possession, regarding the availability and cost of such insurance. The Directing Holder shall be required to promptly notify the Master Servicer and Special Servicer of each consent given under the preceding paragraph and this paragraph. Any Controlling Class Certificateholder or, in the case of a Loan Group, the holder of the related Subordinate Companion Loan, may request that earthquake insurance be secured for one or more Mortgaged Properties by the related Mortgagor, to the extent such insurance may reasonably be obtained and, provided the related Loan documents and applicable law give the mortgagee the right to request such insurance coverage and such Loan documents require the Mortgagor to obtain earthquake insurance at the request of the mortgagee. Subject to Section 3.18(a), the Special Servicer, in accordance with the Servicing Standard, shall also cause to be maintained for each REO Property no less insurance coverage than was previously required of the Mortgagor under the related Mortgage (including insurance that covers losses arising from acts of terrorism); provided that such insurance is available at commercially reasonable rates and the subject hazards are at the time commonly insured against for properties similar to the REO Property located in or around the region in which such REO Property is located (or, in the case of all-risk insurance or other insurance that covers acts of terrorism, such insurance is available at a commercially reasonable rate or the subject hazards are at the time commonly insured against for properties similar to the REO Property located in or around the region in which such REO Property is located); and provided, further, that all such insurance shall be obtained from Qualified Insurers that, if they are providing casualty insurance, shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's (or, if not then rated by Moody's, an equivalent rating thxxxxx xrom at least one nationally xxxxxxized statistical rating agency in addition to S&P) (or, in the case of each Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating Agency, as evidenced in writing by such Rating Agency); and provided, further, that the Master Servicer shall cause to be maintained, from Qualified Insurers having a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's (or, if not then rated by Moody's, an equivalent rating thxxxxx xrom at least one nationally xxxxxxized statistical rating agency in addition to S&P) (or, in the case of each Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating Agency, as evidenced in writing by such Rating Agency), for any such Mortgaged Property any such insurance that the related Mortgagor is required but fails to maintain, but only to the extent that (i) the Trustee (as mortgagee of record on behalf of the Certificateholders or, in the case of a Mortgaged Property that secures a Serviced Loan Combination, the Certificateholders and the related Non-Trust Mortgage Loan Noteholder(s)) has an insurable interest, and (ii) either (A) such insurance is available at a commercially reasonable rate, or (B) solely in the case of all-risk insurance or other insurance that covers losses from acts of terrorism, the failure by the Mortgagor to maintain such insurance has not been determined by the Special Servicer to constitute an Acceptable Insurance Default. The related Serviced Loan Combination Controlling Party (in the case of a Mortgaged Property that secures a Serviced Loan Combination) or the Controlling Class Representative (in the case of any other Mortgaged Property securing a Serviced Mortgage Loan) may request that earthquake insurance be secured for such Mortgaged Property by the related Mortgagor, to the extent such insurance may be obtained at a commercially reasonable price and provided the related loan documents and applicable law give the mortgagee the right to request such insurance coverage and such loan documents require the Mortgagor to obtain earthquake insurance at the request of the mortgagee. Subject to Section 3.17(a), the Special Servicer, in accordance with the Servicing Standard, shall also cause to be maintained for each Administered REO Property no less insurance coverage than was previously required of the Mortgagor under the related Mortgage; provided that such insurance is available at commercially reasonable rates and the subject hazards are at the time commonly insured against for properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located (or, in the case of all-risk insurance or other insurance that covers acts of terrorism, either such insurance is available at a commercially reasonable rate or, based upon due inquiry in accordance with the Servicing Standard, the subject hazards are at the time commonly insured against for properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located); and provided, further, that all such insurance shall be obtained from Qualified Insurers that shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from of S&P and "A2" from Moody's (or, in the case of either Rating Agency, such lower ratinx rating xx xxll xxxx not result in an Adverse Rating Event with respect to the Certificates or any Class of Certificates rated by such Rating AgencyCompanion Loan Securities, as evidenced in writing by such Rating Agency). All such insurance policies shall contain (if they insure against loss to property and do not relate to an REO Property) a "standard" mortgagee clause, with loss payable to the Master Servicer (in the case of insurance maintained in respect of Serviced Mortgage Loans, including Specially Serviced Mortgage Loans), and shall be in the name of or the Special Servicer (in the case of insurance maintained in respect of Administered REO Properties), on behalf of the Trustee; and, in each case, such insurance shall be issued by a Qualified Insurer. Any amounts collected by the Master Servicer or the Special Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or REO Property or amounts to be released to the related Mortgagor, in each case subject to the rights of any tenants and ground lessors, as the case may be, and in each case in accordance with the terms of the related Mortgage and the Servicing Standard) shall be deposited in the applicable Custodial Account in accordance with Section 3.04(a) or 3.04A(a), as applicablethe case may be, in the case of amounts received in respect of a Serviced Mortgage Loan, or in the applicable REO Account in accordance with Section 3.16(b3.17(b), in the case of amounts received in respect of an Administered REO Property. Any cost incurred by the Master Servicer or the Special Servicer in maintaining any such insurance (including any earthquake insurance maintained at the request of a Serviced Loan Combination Controlling Party Class Certificateholder or the Controlling Class Representative, as applicablerelated Companion Loan Noteholders) shall not, for purposes hereof, including calculating monthly distributions to Certificateholders, be added to the unpaid principal balance or Stated Principal Balance of the related Serviced Mortgage Loan(s) Loan or REO Mortgage Loan(s)Loan, notwithstanding that the terms of such loan so permit, but shall be recoverable by the Master Servicer or and the Special Servicer, as applicable, Servicer as a Servicing Advance. (b) If either the Master Servicer or the Special Servicer shall obtain and maintain, or cause to be obtained and maintained, a blanket policy or master force forced placed policy insuring against hazard losses on all of the Serviced Mortgage Loans and/or Administered REO Properties that it is required to service and administer, then, to the extent such policy (i) is obtained from a Qualified Insurer having (or whose obligations are guaranteed or backed, in writing, by an entity having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's (orif then rated by Moody's, and if not then rated by Moody's, then a xxxx x rating of at least "A:IXX" xx xxxter by A.M. Best's Key Ratixx Xxxxe or an equivalent rating to a Moody's "A3" rating from at least one nationally recognized statisxxxxx xating agency in addition to S&P) (or, in the case of either Rating exxx Xxxing Agency, such lower rating as will not result in an Adverse Rating Event with respect to the Certificates or any Class of Certificates rated by such Rating AgencyCompanion Loan Securities, as evidenced in writing by such Rating Agency), and (ii) provides protection equivalent to the individual policies otherwise required, then the Master Servicer or the Special Servicer, as the case may be, shall conclusively be deemed to have satisfied its obligation to cause hazard insurance to be maintained on the related Mortgaged Properties and/or subject Administered REO Properties. Such blanket policy or master force forced placed policy may contain a deductible clause (not in excess of a customary amount), in which case the Master Servicer or the Special Servicer, as appropriate, shall, if there shall not have been maintained on the related Mortgaged Property or subject Administered REO Property an individual hazard insurance policy complying with the requirements of Section 3.07(a), and there shall have been one or more losses that would have been covered by such individual policy, promptly deposit into the applicable Custodial Account from its own funds the amount not otherwise payable under the blanket policy or master force forced placed policy because of the deductible clause therein, to the extent that any such deductible exceeds the deductible limitation that pertained to the related Serviced Mortgage Loan (or in the absence of any such deductible limitation, the deductible limitation for an individual policy which is consistent with the Servicing Standard). The Master Servicer or the Special Servicer, as appropriate, shall prepare and present, on behalf of itself, the Trustee, Trustee and the Certificateholders and, in the case of a Loan Group Mortgaged Property that secures a Serviced Loan CombinationProperty, the related Non-Trust Mortgage Companion Loan Noteholder(s)Noteholders, claims under any such blanket policy or master force forced placed policy in a timely fashion in accordance with the terms of such policy. (c) Subject to the third paragraph of this Section 3.07(c), each of the Master Servicer and the Special Servicer shall at all times during the term of this Agreement (or, in the case of the Special Servicer, at all times during the term of this Agreement in which Specially Serviced Mortgage Loans and/or Administered REO Properties are part of the Trust Fund) keep in force with Qualified Insurers having (or whose obligations are guaranteed or backed, in writing, backed by entities having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "Baa3A2" from Moody's (or, if not then rated by Moody's, then at least "A:IX" by X.A.

Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage; Environmental Insurance. (a) The Master Servicer shall use reasonable efforts(with respect to all of the Loans, including Specially Serviced Loans, that are not REO Loans) shall, consistent with the Servicing Standard, to cause to be maintained for each such Mortgaged Property that secures a Serviced Mortgage Loan and is not an REO Property, all insurance coverage as is required under the related Mortgage (except to the extent that the failure to maintain such insurance coverage is an Acceptable Insurance Default)Mortgage; provided that, that if and to the extent that any such Mortgage permits the holder thereof any discretion (by way of consent, approval or otherwise) as to the insurance coverage that the related Mortgagor is required to maintain, the Master Servicer or Special Servicer, as the case may be, shall exercise such discretion in a manner consistent with the Servicing Standard; and provided, further, that, that if and to the extent that a Mortgage so permits, the Master Servicer or Special Servicer, as the case may be, shall use reasonable best efforts to require the related Mortgagor to obtain the required insurance coverage from Qualified Insurers that shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3" from Moody's (or, if not then rated by Moody's, an equivalent rating thxxxxx xrom at least one nationally xxxxxxized statistical rating agency in addition to S&P) Xxxxx'x (or, in the case of each either Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating AgencyEvent, as evidenced in writing by such Rating Agency); . Any Controlling Class Certificateholder may request that earthquake insurance be secured for one or more Mortgaged Properties by the related Mortgagor, to the extent such insurance may reasonably be obtained and providedprovided the related Loan documents and applicable law give the mortgagee the right to request such insurance coverage and such Loan documents require the Mortgagor to obtain earthquake insurance at the request of the mortgagee. The UBS Warburg Building Companion Loan Noteholder may request that earthquake insurance, furtherto the extent such insurance may reasonably be obtained, that be secured for the Master Servicer UBS Warburg Building Mortgaged Property at the expense of the UBS Warburg Building Companion Loan Noteholder. Subject to Section 3.17(a), the Special Servicer, in accordance with the Servicing Standard, shall also cause to be maintained, maintained for each REO Property no less insurance coverage than was previously required of the Mortgagor under the related Mortgage; provided that all such insurance shall be obtained from Qualified Insurers having that, if they are providing casualty insurance, shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3Aa3" from Moody's (or, if not then rated by Moody's, an equivalent rating thxxxxx xrom at least one nationally xxxxxxized statistical rating agency in addition to S&P) Xxxxx'x (or, in the case of each either Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating Agency, as evidenced in writing by such Rating Agency), for any such Mortgaged Property any such insurance that the related Mortgagor is required but fails to maintain, but only to the extent that (i) the Trustee (as mortgagee of record on behalf of the Certificateholders or, in the case of a Mortgaged Property that secures a Serviced Loan Combination, the Certificateholders and the related Non-Trust Mortgage Loan Noteholder(s)) has an insurable interest, and (ii) either (A) such insurance is available at a commercially reasonable rate, or (B) solely in the case of all-risk insurance or other insurance that covers losses from acts of terrorism, the failure by the Mortgagor to maintain such insurance has not been determined by the Special Servicer to constitute an Acceptable Insurance Default. The related Serviced Loan Combination Controlling Party (in the case of a Mortgaged Property that secures a Serviced Loan Combination) or the Controlling Class Representative (in the case of any other Mortgaged Property securing a Serviced Mortgage Loan) may request that earthquake insurance be secured for such Mortgaged Property by the related Mortgagor, to the extent such insurance may be obtained at a commercially reasonable price and provided the related loan documents and applicable law give the mortgagee the right to request such insurance coverage and such loan documents require the Mortgagor to obtain earthquake insurance at the request of the mortgagee. Subject to Section 3.17(a), the Special Servicer, in accordance with the Servicing Standard, shall also cause to be maintained for each Administered REO Property no less insurance coverage than was previously required of the Mortgagor under the related Mortgage; provided that such insurance is available at commercially reasonable rates and the subject hazards are at the time commonly insured against for properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located (or, in the case of all-risk insurance or other insurance that covers acts of terrorism, either such insurance is available at a commercially reasonable rate or, based upon due inquiry in accordance with the Servicing Standard, the subject hazards are at the time commonly insured against for properties similar to the subject Administered REO Property located in or around the region in which such Administered REO Property is located); and provided, further, that all such insurance shall be obtained from Qualified Insurers that shall have a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from of S&P and "A2" from Moody's (or, in the case of either Rating Agency, such lower ratinx xx xxll not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating AgencyEvent, as evidenced in writing by such Rating Agency). All such insurance policies shall contain (if they insure against loss to property and do not relate to an REO Property) a "standard" mortgagee clause, with loss payable to the Master Servicer (in the case of insurance maintained in respect of Serviced Mortgage Loans, including Specially Serviced Mortgage Loans), and shall be in the name of the Special Servicer (in the case of insurance maintained in respect of Administered REO Properties), on behalf of the Trustee; and, in each case, such insurance shall be issued by a Qualified Insurer. Any amounts collected by the Master Servicer or the Special Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or REO Property or amounts to be released to the related Mortgagor, in each case subject to the rights of any tenants and ground lessors, as the case may be, and in each case in accordance with the terms of the related Mortgage and the Servicing Standard) shall be deposited in the applicable Custodial Account in accordance with Section 3.04(a) or 3.04A(a), as applicablethe case may be, in the case of amounts received in respect of a Serviced Mortgage Loan, or in the applicable REO Account in accordance with Section 3.16(b), in the case of amounts received in respect of an Administered REO Property. Any cost incurred by the Master Servicer or the Special Servicer in maintaining any such insurance (including any earthquake insurance maintained at the request of a Serviced Loan Combination Controlling Party Class Certificateholder or the Controlling Class Representative, as applicableUBS Warburg Building Companion Loan Noteholder) shall not, for purposes hereof, including calculating monthly distributions to Certificateholders, be added to the unpaid principal balance or Stated Principal Balance of the related Serviced Mortgage Loan(s) Loan or REO Mortgage Loan(s)Loan, notwithstanding that the terms of such loan so permit, but shall be recoverable by the Master Servicer or and the Special Servicer, as applicable, Servicer as a Servicing Advance. (b) If either the Master Servicer or the Special Servicer shall obtain and maintain, or cause to be obtained and maintained, a blanket policy or master force placed policy insuring against hazard losses on all of the Serviced Mortgage Loans and/or Administered REO Properties that it is required to service and administer, then, to the extent such policy (i) is obtained from a Qualified Insurer having (or whose obligations are guaranteed or backed, in writing, by an entity having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "A3Aa3" from Moody's Xxxxx'x (orif then rated by Xxxxx'x, and if not then rated by Moody'sXxxxx'x, then a rating of "A:IX" xx xxxter by A.M. Best's Key Ratixx Xxxxe or an equivalent rating to a Moody's "A3" rating from by at least one nationally recognized statisxxxxx xating statistical rating agency in addition to besides S&P) (or, in the case of either Rating Agency, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates rated by such Rating AgencyEvent, as evidenced in writing by such Rating Agency), and (ii) provides protection equivalent to the individual policies otherwise required, then the Master Servicer or the Special Servicer, as the case may be, shall conclusively be deemed to have satisfied its obligation to cause hazard insurance to be maintained on the related Mortgaged Properties and/or subject Administered REO Properties. Such blanket policy or master force placed policy may contain a deductible clause (not in excess of a customary amount), in which case the Master Servicer or the Special Servicer, as appropriate, shall, if there shall not have been maintained on the related Mortgaged Property or subject Administered REO Property an individual hazard insurance policy complying with the requirements of Section 3.07(a), and there shall have been one or more losses that would have been covered by such individual policy, promptly deposit into the applicable Pool Custodial Account (or, in the case of a Mortgaged Property that secures the UBS Warburg Building Loan Pair, into the UBS Warburg Building Custodial Account) from its own funds the amount not otherwise payable under the blanket policy or master force placed policy because of the such deductible clause thereinclause, to the extent that any such deductible exceeds the deductible limitation that pertained to the related Serviced Mortgage Loan (or in the absence of any such deductible limitation, the deductible limitation for an individual policy which is consistent with the Servicing Standard). The Master Servicer or the Special Servicer, as appropriate, shall prepare and present, on behalf of itself, the Trustee, Trustee and the Certificateholders andor, in the case of a the UBS Warburg Building Mortgaged Property that secures a Serviced Property, on behalf of itself and the UBS Warburg Building Companion Loan Combination, the related Non-Trust Mortgage Loan Noteholder(s)Noteholder, claims under any such blanket policy or master force placed policy in a timely fashion in accordance with the terms of such policy. (c) Subject to the third paragraph of this Section 3.07(c), each of the Master Servicer and the Special Servicer shall at all times during the term of this Agreement (or, in the case of the Special Servicer, at all times during the term of this Agreement in which Specially Serviced Mortgage Loans and/or Administered REO Properties are part of the Trust Fund) keep in force with Qualified Insurers having (or whose obligations are guaranteed or backed, in writing, by entities having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "Baa3Aa3" from Moody's Xxxxx'x (or, if not then rated by Moody'sXxxxx'x, then at least "A:IX" by X.Fitch) (or, in the case of either Rating Agency, such lower rating as will not result in an Adverse Rating Event, as evidenced in writing by such Rating Agency), a fidelity bond, which fidelity bond shall be in such form and amount as would permit it to be a qualified Xxxxxx Xxx seller-servicer of multifamily mortgage loans, or in such other form and amount as would not cause an Adverse Rating Event (as evidenced in writing from each Rating Agency). Each of the Master Servicer and the Special Servicer shall be deemed to have complied with the foregoing provision if an Affiliate thereof has such fidelity bond coverage and, by the terms of such fidelity bond, the coverage afforded thereunder extends to the Master Servicer or the Special Servicer, as the case may be. Subject to the third paragraph of this Section 3.07(c), each of the Master Servicer and the Special Servicer shall at all times during the term of this Agreement (or, in the case of the Special Servicer, at all times during the term of this Agreement in which Specially Serviced Loans and/or REO Properties are part of the Trust Fund) also keep in force with Qualified Insurers having (or whose obligations are guaranteed or backed, in writing, by entities having) a "claims paying ability" or "financial strength" rating, as applicable, of at least "A" from S&P and "Aa3" from Xxxxx'x (or, if not rated by Xxxxx'x at least A by Fitch) (or, in the case of either Rating Agency, such lower rating as will not result in an Adverse Rating Event, as evidenced in writing by such Rating Agency), a policy or policies of insurance covering loss occasioned by the errors and omissions of its officers, employees and agents in connection with its servicing obligations hereunder, which policy or policies shall be in such form and amount as would permit it to be a qualified Xxxxxx Xxx seller-servicer of multifamily mortgage loans, or in such other form and amount as would not cause an Adverse Rating Event (as evidenced in writing from each Rating Agency). Each of the Master Servicer and the Special Servicer shall be deemed to have complied with the foregoing provisions if an Affiliate thereof has such insurance and, by the terms of such policy or policies, the coverage afforded thereunder extends to the Master Servicer or the Special Servicer, as the case may be. Notwithstanding the foregoing, for so long as the long-term debt obligations of the Master Servicer or Special Servicer, as the case may be (or, in the case of the initial Master Servicer and Special Servicer, their respective direct or indirect parent), are rated at least "Aa3" from Xxxxx'x (if then rated by Xxxxx'x, and if not then rated by Xxxxx'x, then an equivalent rating by at least one additional nationally recognized statistical rating agency besides S&P) and "A" from S&P (if then rated by S&P, and if not then rated by S&P, then an equivalent rating by at least one additional nationally recognized statistical rating agency besides Xxxxx'x) (or, in the case of either Rating Agency, such lower rating as will not result in an Adverse Rating Event, as evidenced in writing by such Rating Agency), such Person may self-insure with respect to the risks described in this Section 3.07(c). (d) In the event that either of the Master Servicer or the Special Servicer has actual knowledge of any event (an "Insured Environmental Event") giving rise to a claim under any Environmental Insurance Policy in respect of any Environmentally Insured Mortgage Loan for which the Mortgagor has not filed a claim or in respect of an REO Property, the Master Servicer shall notify the Special Servicer if such Loan is a Specially Serviced Loan, and the Special Servicer shall notify the Master Servicer. Upon becoming aware of such Insured Environmental Event, the Master Servicer, in the case of a non-Specially Serviced Loan, and the Special Servicer, in the case of a Specially Serviced Loan or an REO Property, in accordance with the terms of such Environmental Insurance Policy and the Servicing Standard, shall timely make a claim thereunder with the appropriate insurer and shall take such other actions necessary under such Environmental Insurance Policy in order to realize the full value thereof for the benefit of the Certificateholders. With respect to each Environmental Insurance Policy in respect of an Environmentally Insured Mortgage Loan, the Master Servicer (in the case of any such Loan that is a non-Specially Serviced Loan) and the Special Servicer (in the case of any such Loan that is a Specially Serviced Loan or in the case of an REO Property) shall each review and familiarize itself with the terms and conditions relating to enforcement of claims and shall, in the event the Master Servicer or the Special Servicer has actual knowledge of an Insured Environmental Event giving rise to a claim under such policy, monitor the dates by which any claim must be made or any action must be taken under such policy to realize the full value thereof for the benefit of the Certificateholders. The Master Servicer (in the case of non-Specially Serviced Loans) and the Special Servicer (in the case of Specially Serviced Loans and REO Properties) shall each abide by the terms and conditions precedent to payment of claims under the Environmental Insurance Policies with respect to the Environmentally Insured Mortgage Loans and take all such actions as may be required to comply with the terms and provisions of such policies in order to maintain such policies in full force and effect and to make claims thereunder. In the event that either the Master Servicer or the Special Servicer receives notice of a termination of any Environmental Insurance Policy, then the party receiving such notice shall, within five Business Days after receipt thereof, provide written notice of such termination to the other such party and the Trustee. Upon receipt of such notice, the Master Servicer, with respect to a non-Specially Serviced Loan, or the Special Servicer, with respect to a Specially Serviced Loan or an REO Property, shall address such termination in accordance with Section 3.07(a). Any legal fees, premiums or other out-of-pocket costs incurred in accordance with the Servicing Standard in connection with enforcing the obligations of the Mortgagor under any Environmental Insurance Policy or a resolution of such termination of an Environmental Insurance Policy shall be paid by the Master Servicer and shall be reimbursable to it as a Servicing Advance. The Master Servicer (with respect to non-Specially Serviced Loans) and the Special Servicer (with respect to Specially Serviced Loans) shall monitor the actions, and enforce the obligations, of the related Mortgagor under each Environmentally Insured Mortgage Loan insofar as such actions/obligations relate to (i) to the extent consistent with Section 3.07(a), the maintenance (including, without limitation, any required renewal) of an Environmental Insurance Policy with respect to the related Mortgaged Property or (ii) environmental testing or remediation at the related Mortgaged Property.