Common use of Merchant’s Casualty Insurance Clause in Contracts

Merchant’s Casualty Insurance. Merchant will provide throughout the Sale Term, at Agent's cost as an Expense hereunder, fire, flood, theft and extended coverage casualty insurance covering the Merchandise in a total amount equal to no less than Merchant's cost thereof. From and after the date of this Agreement until the Sale Termination Date, all such policies will name Agent as loss payee. In the event of a loss to the Merchandise on or after the date of this Agreement, the proceeds of such insurance attributable to the Merchandise plus any self insurance amounts and the amount of any deductible (which amounts shall be paid by Merchant), shall constitute Proceeds hereunder and shall be paid to Agent. In the event of such a loss Agent shall have the sole right to adjust the loss with the insurer. Prior to the Sale Commencement Date, Merchant shall deliver to Agent certificates evidencing such insurance setting forth the duration thereof and naming Agent as loss payee, in form and substance reasonably satisfactory to Agent. All such policies shall require at least thirty (30) days prior notice to Agent of cancellation, non-renewal or material change. Merchant shall not make any change in the amount of any deductibles or self insurance amounts prior to the Sale Termination Date without Agent's prior written consent.

Merchant’s Casualty Insurance. Merchant will provide throughout the Sale Term, at Agent's ’s cost as an Occupancy Expense hereunder, fire, flood, theft and extended coverage casualty insurance covering the Merchandise in a total amount equal to no less than Merchant's cost the retail value thereof. From and after the date of this Agreement until the Sale Termination Date, all such policies will also name Agent as loss payeepayee (as its interest may appear). In the event of a loss to the Merchandise on or after the date of this Agreement, the proceeds Proceeds of such insurance attributable to the Merchandise Merchandise, plus any self insurance amounts and the amount of any deductible or self-insured retention (which amounts shall be paid by MerchantAgent as an Expense), shall constitute Proceeds hereunder and shall be paid to Agenthereunder. In the event of such a loss Agent shall have the sole right to adjust the loss with the insurer. Prior to the Sale Commencement Date, Merchant shall deliver to Agent certificates evidencing such insurance insurance, setting forth the duration thereof and naming the Agent as loss payeepayee (as its interest may appear), in form and substance reasonably satisfactory to Agent. All such policies shall require at least thirty (30) days days’ prior notice to the Agent of cancellation, non-renewal or material changechange during the Sale Term. Merchant shall not make any change in the amount of any deductibles or self insurance amounts prior to the Sale Termination Date without Agent's ’s prior written consent.

Merchant’s Casualty Insurance. Merchant will provide throughout the Sale Term, at Agent's cost as an Expense hereunder, fire, flood, theft and extended coverage casualty insurance covering the Merchandise in a total amount equal to no less than Merchant's the cost value thereof. EXHIBIT 12.2 attached hereto contains a description of all such policies. From and after the date of this Agreement until the Sale Termination Date, all such policies will name Agent as loss payee. In the event of a loss to the Merchandise on or after the date of this Agreement, the proceeds of such insurance attributable to the Merchandise plus any self insurance amounts and the amount of any deductible (which amounts shall be paid by Merchant), shall constitute Proceeds hereunder and shall be paid to Agent. In the event of such a loss payable to Agent, Agent shall have the sole right to adjust the loss with the insurer, but shall keep the Merchant informed as to its actions. Prior to the Sale Commencement Date, Merchant shall deliver to Agent certificates evidencing such insurance setting forth the duration thereof and naming the Agent as loss payee, in form and substance reasonably satisfactory to Agent. All such policies shall require at least thirty (30) days prior notice to the Agent of cancellation, non-renewal or material change. Merchant shall not make any change in the amount of any deductibles or self insurance amounts prior to the Sale Termination Date without Agent's prior written consent.

Merchant’s Casualty Insurance. Merchant will provide throughout until the Sale Termend of the Marketing Period for all of the Properties, at Agent's cost as an Expense “Expense” hereunder, fire, flood, theft and extended coverage casualty insurance covering the Merchandise unsold Assets in a total amount equal to no less than Merchant's cost the appraised value thereof. From and after the date of this Agreement until the Sale Termination Dateend of the Marketing Period for all of the Properties, all such policies will name Agent as loss payee. In the event of a loss to the Merchandise Assets on or after the date of this Agreement, the proceeds of such insurance attributable to the Merchandise Assets plus any self insurance amounts and the amount of any deductible (which amounts shall be paid by Merchant), shall constitute Comprehensive Sale Proceeds hereunder and shall be paid to Agenthereunder. In the event of such a loss Agent shall have the sole right to adjust the loss with the insurer. Prior to Within 10 days after the Sale Commencement Closing Date, Merchant shall deliver to Agent certificates evidencing such insurance setting forth the duration thereof and naming the Agent as loss payee, in form and substance reasonably satisfactory to Agent. All such policies shall require at least thirty (30) days prior notice to the Agent of cancellation, non-renewal or material change. Merchant shall not make any change in the amount of any deductibles or self insurance amounts prior to the Sale Termination Date end of the Marketing Period for all of the Properties without Agent's ’s prior written consent.

Merchant’s Casualty Insurance. Merchant will provide throughout the Sale Term, at Agent's cost as an Expense hereunder, fire, flood, theft and extended coverage casualty insurance covering the Merchandise in a total amount equal to no less than Merchant's cost the retail value thereof. Exhibit 12.2 attached hereto contains a description of all such policies. From and after the date of this Agreement until the Sale Termination Date, all such policies will name Agent as loss payee. In the event of a loss to the Merchandise on or after the date of this Agreement, the proceeds of such insurance attributable to the Merchandise plus any self insurance amounts and the amount of any deductible (which amounts shall be paid by Merchant), shall constitute Proceeds hereunder and shall be paid to Agent. In the event of such a loss Agent shall have the sole right to adjust the loss with the insurerInsurer. Prior to the Sale Commencement Date, Merchant shall deliver to Agent certificates evidencing such insurance setting forth the duration thereof and naming the Agent as loss payee, in form and substance reasonably satisfactory to Agent. All such policies shall require at least thirty (30) days prior notice to the Agent of cancellation, non-renewal or material change. Merchant shall not make any change in the amount of any deductibles or self insurance amounts prior to the Sale Termination Date without Agent's prior written consent.

Merchant’s Casualty Insurance. Merchant will provide throughout the Sale Term, at Agent's ’s cost as an Expense hereunder, fire, flood, theft and extended coverage casualty insurance covering the Merchandise in a total amount equal to no less than Merchant's cost the retail value thereof. From and after Provided the date of this Agreement until the Sale Termination DateSecurity Conditions are satisfied, all such policies will also name Agent as loss payeepayee (as its interest may appear). In the event of a loss to the Merchandise on or after the date of this Agreement, the proceeds of such insurance attributable to the Merchandise plus any self insurance amounts and the amount of any deductible or self-insured retention (which amounts shall be paid by MerchantAgent as an Expense), shall constitute Proceeds hereunder and shall be paid to Agenthereunder. In the event of such a loss Agent shall have the sole right to adjust the loss with the insurer. Prior to the Sale Commencement Date, Merchant shall deliver to Agent certificates evidencing such insurance setting forth the duration thereof and and, if applicable hereunder, naming the Agent as loss payeepayee (as its interest may appear), in form and substance reasonably satisfactory to Agent. All Merchant agrees to provide, and all such policies shall require provide that the insurer will endeavor to provide at least thirty (30) days prior notice to Agent of cancellation, non-renewal or material changechange during the Sale Term. Merchant shall not make any change in the amount of any deductibles or self insurance amounts prior to the Sale Termination Date without Agent's ’s prior written consent.

Merchant’s Casualty Insurance. Merchant will provide throughout the Sale Term, at Agent's ’s cost as an Occupancy Expense hereunder, fire, flood, theft and extended coverage casualty insurance covering the Merchandise in a total amount equal to no less than Merchant's cost the retail value thereof. From and after the date of this Agreement until the Sale Termination Date, all such policies will also name Agent as loss payeean additional named insure (as its interest may appear). In the event of a loss to the Merchandise on or after the date of this Agreement, the proceeds Proceeds of such insurance attributable to the Merchandise Merchandise, plus any self insurance amounts and the amount of any deductible or self-insured retention (which amounts shall be paid by MerchantAgent as an Expense), shall constitute Proceeds hereunder and shall be paid to Agenthereunder. In the event of such a loss Agent shall have the sole right to adjust the loss with the insurer. Prior to the Sale Commencement Date, Merchant shall deliver to Agent certificates evidencing such insurance insurance, setting forth the duration thereof and naming the Agent as loss payeean additional insured (as its interest may appear), in form and substance reasonably satisfactory to Agent. All such policies shall require at least thirty (30) days days’ prior notice to the Agent of cancellation, non-renewal or material changechange during the Sale Term. Merchant shall not make any change in the amount of any deductibles or self insurance amounts prior to the Sale Termination Date without Agent's ’s prior written consent.

Merchant’s Casualty Insurance. Merchant will provide throughout the Sale Term, at Agent's cost as an Expense hereundera Sale Expense, fire, flood, theft and extended coverage casualty insurance covering the Merchandise in a total amount equal to no less than Merchant's cost the Retail Price thereof. From and after the date of this Agreement until the Sale Termination Date, all such policies will name Agent as loss payee. In the event of a loss to the Merchandise on or after the date of this Agreement, the proceeds of such insurance attributable to the Merchandise plus any self insurance amounts and the amount of any deductible (which amounts shall be paid by Merchant), shall constitute Proceeds hereunder and shall be paid to Agent. In the event of such a loss Agent shall have the sole right to adjust the loss with the insurer. Prior to the Sale Commencement Date, Merchant shall deliver to Agent certificates evidencing such insurance setting forth the duration thereof and naming Agent as loss payee, in form and substance reasonably satisfactory to Agent. All such policies policies, shall require at least thirty (30) days prior notice to Agent of cancellation, non-renewal or material change. Merchant shall not make any change in the amount of any deductibles or self insurance amounts prior to the Sale Termination Date without Agent's prior written consent.