Common use of Provided Clause in Contracts

Provided. Tenant shall immediately notify Landlord whenever any such separate insurance is taken out and shall deliver to Landlord duplicate originals thereof or original certificates evidencing the same with true copies of such insurance policies attached. All such policies of insurance shall provide that any loss shall be payable to Landlord notwithstanding any act or omission of Tenant which might otherwise result in a forfeiture or reduction of such insurance. Each policy required under this Article V shall have attached thereto (i) an endorsement that such policy shall not be canceled or materially changed without at least thirty (30) days prior written notice to Landlord and any party holding a mortgage on the Demised Premises which has provided evidence of such fact and its address to which notices should be sent (a "Registered Mortgagee"), and (ii) an endorsement to the effect that the insurance as to the interest of Landlord shall not be invalidated by any act or neglect of any person. All policies of insurance shall be written in companies reasonably satisfactory to Landlord and any Registered Mortgagee and licensed in the state in which the Demised Premises are located, and shall be written in such form and shall be distributed in such companies as shall be reasonably satisfactory to Landlord and any Registered Mortgagee. Such policies (or certificates of insurance acceptable to Landlord and any Registered Mortgagee) shall be delivered to Landlord endorsed "Premium Paid" by the company or agent issuing the same or accompanied by other evidence satisfactory to Landlord and any Registered Mortgagee that the premiums thereon have been paid. Such policies (or certificates of insurance acceptable to Landlord) and evidence of payment shall be delivered to Landlord upon commencement of the term; and prior to expiration of such policy, a new policy (or certificates of insurance acceptable to Landlord), plus evidence of premium payment, shall be delivered to Landlord not less than twenty (20) days prior to the expiration of the then current policy term.

Provided. Tenant Such supplemental agreement shall immediately notify Landlord whenever not become effective unless there shall be filed with the Trustee the written consents of the Municipal Bond Insurer or, if the Municipal Bond Insurer is in breach of its obligations under the Reserve Policy, the Owners of at least sixty percent (60%) in aggregate principal amount of the Certificates then Outstanding (exclusive of Certificates disqualified as provided in Section 10.03 hereof) and a notice shall have been mailed as hereinafter in this Section 10.02 provided. Each such consent shall be effective only if accompanied by proof of ownership of the Certificates for which such consent is given, which proof shall be such as is permitted by Section 2.11 hereof. Any such consent shall be binding upon the Owner of the Certificate giving such consent and on any subsequent Owner (whether or not such separate insurance subsequent Owner has notice thereof) unless such consent is taken out revoked in writing by the Owner giving such consent or a subsequent Owner by filing such revocation with the Trustee prior to the date when the notice hereinafter in the following paragraph of this Section 10.02 provided for has been mailed. After the Owners of the required percentage of Certificates shall have filed their consents to such supplemental agreement, the Trustee shall mail by first class mail, postage prepaid, a notice at the expense of the Town, to the Owners of the Certificates in the manner hereinbefore provided in this Section 10.02 for the mailing of such supplemental agreement of the notice of adoption thereof, stating in substance that such supplemental agreement has been consented to by the Owners of the required percentage of Certificates and shall deliver will be effective as provided in this Section 10.02 (but failure to Landlord duplicate originals thereof or original certificates evidencing the same with true mail copies of such insurance policies attached. All such policies of insurance said notice shall provide that any loss shall be payable to Landlord notwithstanding any act or omission of Tenant which might otherwise result in a forfeiture or reduction not affect the validity of such insurancesupplemental agreement or consents thereto). Each policy required under this Article V shall have attached thereto (i) an endorsement that such policy shall not be canceled or materially changed without at least thirty (30) days prior written notice to Landlord and any party holding a mortgage on the Demised Premises which has provided evidence of such fact and its address to which notices should be sent (a "Registered Mortgagee")A record, and (ii) an endorsement to the effect that the insurance as to the interest of Landlord shall not be invalidated by any act or neglect of any person. All policies of insurance shall be written in companies reasonably satisfactory to Landlord and any Registered Mortgagee and licensed in the state in which the Demised Premises are located, and shall be written in such form and shall be distributed in such companies as shall be reasonably satisfactory to Landlord and any Registered Mortgagee. Such policies (or certificates of insurance acceptable to Landlord and any Registered Mortgagee) shall be delivered to Landlord endorsed "Premium Paid" by the company or agent issuing the same or accompanied by other evidence satisfactory to Landlord and any Registered Mortgagee that the premiums thereon have been paid. Such policies (or certificates of insurance acceptable to Landlord) and evidence of payment shall be delivered to Landlord upon commencement consisting of the term; and prior papers required by this Section 10.02 to expiration of such policy, a new policy (or certificates of insurance acceptable to Landlord), plus evidence of premium paymentbe filed with the Trustee, shall be delivered to Landlord not less than twenty (20) days prior to conclusive proof of the matters therein stated. Such supplemental agreement shall become effective upon the mailing of such last-mentioned notice, and such supplemental agreement shall be deemed conclusively binding upon the parties hereto and the Owners of all Certificates at the expiration of sixty (60) days after such filing, except in the then current policy termevent of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such sixty (60) day period.

Provided. Tenant Notice of redemption shall immediately notify Landlord whenever any such separate insurance is taken out and shall deliver be given to Landlord duplicate originals thereof the holders of Notes to be redeemed as a whole or original certificates evidencing the same with true copies in part by mailing by first-class mail a notice of such insurance policies attached. All such policies of insurance shall provide that any loss shall be payable to Landlord notwithstanding any act or omission of Tenant which might otherwise result in a forfeiture or reduction of such insurance. Each policy required under this Article V shall have attached thereto (i) an endorsement that such policy shall not be canceled or materially changed without at least thirty (30) days prior written notice to Landlord and any party holding a mortgage on the Demised Premises which has provided evidence of such fact and its address to which notices should be sent (a "Registered Mortgagee"), and (ii) an endorsement to the effect that the insurance as to the interest of Landlord shall not be invalidated by any act or neglect of any person. All policies of insurance shall be written in companies reasonably satisfactory to Landlord and any Registered Mortgagee and licensed in the state in which the Demised Premises are located, and shall be written in such form and shall be distributed in such companies as shall be reasonably satisfactory to Landlord and any Registered Mortgagee. Such policies (or certificates of insurance acceptable to Landlord and any Registered Mortgagee) shall be delivered to Landlord endorsed "Premium Paid" by the company or agent issuing the same or accompanied by other evidence satisfactory to Landlord and any Registered Mortgagee that the premiums thereon have been paid. Such policies (or certificates of insurance acceptable to Landlord) and evidence of payment shall be delivered to Landlord upon commencement of the term; and prior to expiration of such policy, a new policy (or certificates of insurance acceptable to Landlord), plus evidence of premium payment, shall be delivered to Landlord redemption not less than twenty (20) fifteen nor more than sixty days prior to the expiration date fixed for redemption to their last addresses as they shall appear upon the registry books of the Company, but any failure to give such notice by mailing to the holder of any Note designated for redemption as a whole or in part, or any defect therein, shall not affect the validity of the proceedings for the redemption of any other Notes. Any notice which is mailed in the manner herein provided shall be conclusively presumed to have been duly given, whether or not the holder receives the notice. Each such notice of redemption shall specify the total principal amount to be redeemed, the date fixed for redemption and the redemption price at which Notes are to be redeemed, and shall state that payment of the redemption price of the Notes to be redeemed will be made at the office or agency to be maintained by the Company in accordance with the provisions of Section 4.02, upon presentation and surrender of such Notes, that interest accrued to but not including the date fixed for redemption will be paid as specified in said notice, and that on and after said date interest thereon will cease to accrue and that the only remaining right of the noteholder is to receive payment of the redemption price plus such accrued interest upon surrender. If less than all the Notes are to be redeemed, the notice of redemption to each holder also shall state the aggregate principal amount of Notes to be redeemed and shall identify the Notes of such holder to be redeemed. In case any Note is redeemed in part only, the notice which relates to such Note shall state the portion of the principal amount thereof to be redeemed (which shall be $1,000 or an integral multiple thereof), and shall state that on and after the date fixed for redemption, upon surrender of such Note, the holder will receive, without charge, a new Note or Notes of authorized denominations in the principal amount thereof remaining unredeemed. Each notice shall give the name and address of each paying agent. On or prior to the date fixed for redemption specified in the notice of redemption given as provided in this Section 3.02, the Company will deposit with the Trustee or with one or more paying agents (or, if the Company is acting as its own paying agent, set aside, segregate and hold in trust as provided in Section 4.04(c)) an amount of money sufficient to redeem on the date fixed for redemption all the Notes or portions of Notes so called for redemption (other than Notes or portions thereof called for redemption on that date which have been delivered by the Company to the Trustee for cancellation) at the applicable redemption price, together with accrued interest to but not including the date fixed for redemption. If less than all the Notes then current policy termoutstanding are to be redeemed, the Company shall give the Trustee, at least twenty-five days (or such shorter period acceptable to the Trustee) in advance of the date fixed for redemption, notice of the aggregate principal amount of Notes to be redeemed, and thereupon the Trustee shall select in such manner as it shall deem appropriate and fair, in its discretion, the Notes or portions thereof to be redeemed and shall thereafter promptly notify the Company of the Notes or portions thereof to be redeemed within a sufficient period of time in order that the notice provision in Section 3.02 may be satisfied.

Provided. Tenant shall immediately notify Landlord whenever any such separate insurance is taken out and shall deliver to Landlord duplicate originals thereof or original certificates evidencing the same with true copies of same. Any such insurance policies attached. All obtained and maintained by Tenant shall name Landlord, and, if requested by Landlord, Landlord's mortgagee, as an additional insured therein, provided that any such policies of mortgagee has provided Tenant with the Non-Disturbance Agreement (defined below), and such insurance shall provide that any loss shall be payable obtained and maintained from and with a reputable and financially sound insurance company authorized to Landlord notwithstanding any act or omission of Tenant which might otherwise result issue such insurance in a forfeiture or reduction of such insuranceCalifornia. Each policy required under this Article V 10 shall have attached thereto (ia) an endorsement that such policy shall not be canceled or materially changed without at least thirty (30) days prior written notice to Landlord and any party holding a mortgage on the Demised Premises which has provided evidence of such fact and its address to which notices should be sent (a "Registered Mortgagee")Landlord, and (iib) an endorsement to the effect that the insurance as to the interest of Landlord shall not be invalidated by any act or neglect of any personLandlord or Tenant and an "agreed value" endorsement. All policies of insurance insurance, together with any endorsements reflecting the changes to the policy required to comply with this Lease, shall be written in companies reasonably satisfactory to Landlord and any Registered Mortgagee and licensed in the state in which the Demised Premises are located, and shall be written in such form and shall be distributed in such companies as shall be reasonably satisfactory to Landlord and any Registered Mortgagee. Such policies (or certificates of insurance acceptable to Landlord and any Registered Mortgagee) shall be delivered to Landlord endorsed "Premium Paid" by the company or agent issuing the same or accompanied by other evidence satisfactory to Landlord and any Registered Mortgagee that the premiums thereon have been paid. Such policies (or certificates of insurance in a form reasonably acceptable to Landlord) and evidence of payment , shall be delivered to Landlord upon commencement of the term; Term and prior to expiration of such policy, a new policy (or certificates of insurance acceptable to Landlord), plus evidence of premium paymentinsurance, shall be delivered to Landlord not less than twenty (20) days prior to the expiration of the then current policy termTerm. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and appropriate endorsements, Landlord may, at its option, procure such policies for the account of Tenant after five (5) days' written notice, and the cost thereof shall be paid by Tenant to Landlord as Additional Rent within fifteen (15) days after delivery to Tenant of bills therefor.

Provided. Tenant shall immediately notify Landlord whenever any such separate insurance is taken out and shall deliver to Landlord duplicate originals thereof or original certificates evidencing the same with true copies of same. Any such insurance policies attached. All obtained and maintained by Tenant shall name Landlord, and, if requested by Landlord, Landlord's mortgagee, as an additional insured therein, provided that any such policies of mortgagee has provided Tenant with the Non- Disturbance Agreement (defined below), and such insurance shall provide that any loss shall be payable obtained and maintained from and with a reputable and financially sound insurance company authorized to Landlord notwithstanding any act or omission of Tenant which might otherwise result issue such insurance in a forfeiture or reduction of such insuranceCalifornia. Each policy required under this Article V 10 shall have attached thereto (ia) an endorsement that such policy shall not be canceled or materially changed without at least thirty (30) days prior written notice to Landlord and any party holding a mortgage on the Demised Premises which has provided evidence of such fact and its address to which notices should be sent (a "Registered Mortgagee")Landlord, and (iib) an endorsement to the effect that the insurance as to the interest of Landlord shall not be invalidated by any act or neglect of any personLandlord or Tenant and an "agreed value" endorsement. All policies of insurance insurance, together with any endorsements reflecting the changes to the policy required to comply with this Lease, shall be written in companies reasonably satisfactory to Landlord and any Registered Mortgagee and licensed in the state in which the Demised Premises are located, and shall be written in such form and shall be distributed in such companies as shall be reasonably satisfactory to Landlord and any Registered Mortgagee. Such policies (or certificates of insurance acceptable to Landlord and any Registered Mortgagee) shall be delivered to Landlord endorsed "Premium Paid" by the company or agent issuing the same or accompanied by other evidence satisfactory to Landlord and any Registered Mortgagee that the premiums thereon have been paid. Such policies (or certificates of insurance in a form reasonably acceptable to Landlord) and evidence of payment , shall be delivered to Landlord upon commencement of the term; Term and prior to expiration of such policy, a new policy (or certificates of insurance acceptable to Landlord), plus evidence of premium paymentinsurance, shall be delivered to Landlord not less than twenty (20) days prior to the expiration of the then current policy termTerm. In the event Tenant shall fail to procure such insurance, or to deliver such policies or certificates and appropriate endorsements, Landlord may, at its option, procure such policies for the account of Tenant after five (5) days' written notice, and the cost thereof shall be paid by Tenant to Landlord as Additional Rent within fifteen (15) days after delivery to Tenant of bills therefor.

Provided. Tenant HOWEVER, that with respect to each Due Period, the Master Servicer shall immediately notify Landlord whenever be permitted to retain from payments in respect of interest on the Mortgage Loans, the Servicing Fee for such Due Period. The foregoing requirements respecting deposits to the Collection Account are exclusive, it being understood that, without limiting the generality of the foregoing, the Master Servicer need not deposit in the Collection Account fees (including annual fees or assumption fees) or late charge penalties, payable by Mortgagors, each as further described in Section 3.15, or amounts received by the Subservicer for the accounts of Mortgagors for application towards the payment of taxes, insurance premiums, assessments and similar items. In the event any amount not required to be deposited in the Collection Account is so deposited, the Master Servicer may at any time (prior to being terminated under this Agreement) withdraw such separate insurance is taken out amount from the Collection Account, any provision herein to the contrary notwithstanding. The Master Servicer shall keep records that accurately reflect the funds on deposit in the Collection Account that have been identified by it as being attributable to the Mortgage Loans and shall deliver hold all collections in the Collection Account for the benefit of the Owner Trustee, the Indenture Trustee and the Bondholders, as their interests may appear. The Master Servicer shall remit all Foreclosure Profits to Landlord duplicate originals thereof or original certificates evidencing the same with true copies of such insurance policies attached. All such policies of insurance shall provide that any loss shall be Collection Account, to the extent not payable to Landlord notwithstanding any act or omission of Tenant which might otherwise result the related Subservicer. Funds in a forfeiture or reduction of such insurance. Each policy required under this Article V shall have attached thereto (i) an endorsement that such policy the Collection Account may not be invested with, and shall not be canceled commingled with the Master Servicer's own funds or materially changed without at least thirty (30) days general assets or with funds respecting payments on mortgage loans or with any other funds not related to the Bonds. Funds in the Collection Account shall be invested solely in Eligible Investments, designated in the name of the Indenture Trustee, which shall mature not later than the Business Day next preceding the third Business Day prior written notice to Landlord and any party holding a mortgage on each Payment Date next following the Demised Premises which has provided evidence date of such fact investment and its address to which notices should be sent (a "Registered Mortgagee"), and (ii) an endorsement to the effect that the insurance as to the interest of Landlord shall not be invalidated by sold or disposed of prior to maturity. All income and gain realized from any act such investment shall be for the benefit of the Master Servicer or neglect the related Subservicer. The amount of any person. All policies of insurance losses incurred with respect to any such investments shall be written in companies reasonably satisfactory to Landlord and any Registered Mortgagee and licensed deposited in the state in which Collection Account by the Demised Premises are locatedMaster Servicer. In the event the Indenture Trustee assumes the responsibilities of the Master Servicer under this Servicing Agreement upon a Servicing Default under Section 6.01, and the Indenture Trustee shall be written in such form and shall be distributed in such companies as shall be reasonably satisfactory entitled to Landlord and any Registered Mortgagee. Such policies reimburse itself for Advances pursuant to Sections 3.07(a)(v), (or certificates of insurance acceptable to Landlord and any Registered Mortgagee) shall be delivered to Landlord endorsed "Premium Paid" by the company or agent issuing the same or accompanied by other evidence satisfactory to Landlord and any Registered Mortgagee that the premiums thereon have been paid. Such policies (or certificates of insurance acceptable to Landlordviii) and evidence of payment shall be delivered (ix) prior to Landlord upon commencement reimbursement of the term; and prior to expiration of such policy, a new policy (terminated Master Servicer or certificates of insurance acceptable to Landlord), plus evidence of premium payment, shall be delivered to Landlord not less than twenty (20) days prior to the expiration of the then current policy termany successor Master Servicer.

Provided. Tenant HOWEVER, that with respect to each Due Period, the Master Servicer shall immediately notify Landlord whenever be permitted to retain from payments in respect of interest on the Mortgage Loans, the Servicing Fee for such Due Period. The foregoing requirements respecting deposits to the Collection Account are exclusive, it being understood that, without limiting the generality of the foregoing, the Master Servicer need not deposit in the Collection Account fees (including annual fees or assumption fees) or late charge and prepayment penalties, payable by Mortgagors, each as further described in Section 3.15, or amounts received by the Subservicer for the accounts of Mortgagors for application towards the payment of taxes, insurance premiums, assessments and similar items. In the event any amount not required to be deposited in the Collection Account is so deposited, the Master Servicer may at any time (prior to being terminated under this Agreement) withdraw such separate insurance is taken out amount from the Collection Account, any provision herein to the contrary notwithstanding. The Master Servicer shall keep records that accurately reflect the funds on deposit in the Collection Account that have been identified by it as being attributable to the Mortgage Loans and shall deliver hold all collections in the Collection Account for the benefit of the Owner Trustee, the Indenture Trustee and the Bondholders, as their interests may appear. The Master Servicer shall remit all Foreclosure Profits to Landlord duplicate originals thereof or original certificates evidencing the same with true copies of such insurance policies attached. All such policies of insurance shall provide that any loss shall be Collection Account, to the extent not payable to Landlord notwithstanding any act or omission of Tenant which might otherwise result the related Subservicer. Funds in a forfeiture or reduction of such insurance. Each policy required under this Article V shall have attached thereto (i) an endorsement that such policy the Collection Account may not be invested with, and shall not be canceled commingled with the Master Servicer's own funds or materially changed without at least thirty (30) days general assets or with funds respecting payments on mortgage loans or with any other funds not related to the Bonds. Funds in the Collection Account shall be invested solely in Eligible Investments, designated in the name of the Indenture Trustee, which shall mature not later than the Business Day next preceding the third Business Day prior written notice to Landlord and any party holding a mortgage on each Payment Date next following the Demised Premises which has provided evidence date of such fact investment and its address to which notices should be sent (a "Registered Mortgagee"), and (ii) an endorsement to the effect that the insurance as to the interest of Landlord shall not be invalidated by sold or disposed of prior to maturity. All income and gain realized from any act such investment shall be for the benefit of the Master Servicer or neglect the related Subservicer. The amount of any person. All policies of insurance losses incurred with respect to any such investments shall be written in companies reasonably satisfactory to Landlord and any Registered Mortgagee and licensed deposited in the state in which Collection Account by the Demised Premises are locatedMaster Servicer. In the event the Indenture Trustee assumes the responsibilities of the Master Servicer under this Servicing Agreement upon a Servicing Default under Section 6.01, and the Indenture Trustee shall be written in such form and shall be distributed in such companies as shall be reasonably satisfactory entitled to Landlord and any Registered Mortgagee. Such policies reimburse itself for Advances pursuant to Sections 3.07(a)(v), (or certificates of insurance acceptable to Landlord and any Registered Mortgagee) shall be delivered to Landlord endorsed "Premium Paid" by the company or agent issuing the same or accompanied by other evidence satisfactory to Landlord and any Registered Mortgagee that the premiums thereon have been paid. Such policies (or certificates of insurance acceptable to Landlordviii) and evidence of payment shall be delivered (ix) prior to Landlord upon commencement reimbursement of the term; and prior to expiration of such policy, a new policy (terminated Master Servicer or certificates of insurance acceptable to Landlord), plus evidence of premium payment, shall be delivered to Landlord not less than twenty (20) days prior to the expiration of the then current policy termany successor Master Servicer.