Common use of Use of Deposits Clause in Contracts

Use of Deposits. The sums deposited by the Lessee under this Section 4.6 shall be held by the Lessor and shall be applied in payment of the Impositions or insurance premiums, as the case may be, when due. Any such deposits may be commingled with other assets of the Lessor, and shall be deposited by the Lessor at such bank as the Lessor may, from time to time select, and the Lessor shall not be liable to the Lessee or any other Person (a) based on the Lessor's (or such bank's) choice of investment vehicles, (b) for any consequent loss of principal or interest or (c) for any unavailability of funds based on such choice of investment. Furthermore, the Lessor shall bear no responsibility for the financial condition of, nor any act or omission by, the Lessor's depository bank. The income from such investment or interest on such deposit shall be paid to the Lessee on a semi-annual basis as long as no Lease Default has occurred and is then continuing, and as long as no fact or circumstance exists which, with the giving of notice and/or the passage of time, would constitute a Lease Default. The Lessee shall give not less than ten (10) days prior written notice to the Lessor in each instance when an Imposition or insurance premium is due, specifying the Imposition or premium to be paid and the amount thereof, the place of payment, and the last day on which the same may be paid in order to comply with the requirements of this Lease. If the Lessor, in violation of its obligations under this Lease, does not pay any Imposition or insurance premium when due, for which a sufficient deposit exists, the Lessee shall not be in default hereunder by virtue of the failure of the Lessor to pay such Imposition or such insurance premium and the Lessor shall pay any interest or fine assessed by virtue of the Lessor's failure to pay such Imposition or insurance premium.

Use of Deposits. The sums deposited by the Lessee under this Section 4.6 shall be held by the Lessor and shall be applied in payment of the Impositions or insurance premiums, as the case may be, when due. Any such deposits may be commingled with other assets of the Lessor, and shall be deposited by the Lessor at such bank as the Lessor may, from time to time select, and, provided that Lessor has invested such deposits in one or more of the investment vehicles described on SCHEDULE 4.6.2 attached hereto and the incorporated by reference, Lessor shall not be liable to the Lessee or any other Person (a) based on the Lessor's (or such bank's) choice of investment vehicles, (b) for any consequent loss of principal or interest or (c) for any unavailability of funds based on such choice of investment. Furthermore, the Lessor shall bear no responsibility for the financial condition of, nor any act or omission by, the Lessor's depository bank. The income from such investment or interest on such deposit shall be paid to the Lessee on a semi-annual basis as long as no Lease Default has occurred and is then continuing, and as long as no fact or circumstance exists which, with the giving of notice and/or the passage of time, would constitute a Lease Default. The Lessee shall give not less than ten (10) days prior written notice to the Lessor in each instance when an Imposition or insurance premium is due, specifying the Imposition or premium to be paid and the amount thereof, the place of payment, and the last day on which the same may be paid in order to comply with the requirements of this Lease. If the Lessor, in violation of its obligations under this Lease, does not pay any Imposition or insurance premium when due, for which a sufficient deposit exists, the Lessee shall not be in default hereunder by virtue of the failure of the Lessor to pay such Imposition or such insurance premium and the Lessor shall pay any interest or fine assessed by virtue of the Lessor's failure to pay such Imposition or insurance premium.

Use of Deposits. The sums deposited by the Lessee under this Section 4.6 shall be held by the Lessor and shall be applied by the Lessor in payment of the Impositions or insurance premiums, as the case may be, when dueon or before the due date thereafter and prior to any penalty, interest, late fee or other similar charge being imposed to the extent of available funds deposited by the Lessee under this Section 4.6. Any such deposits may be commingled with other assets of the Lessor, and shall be deposited by the Lessor at such bank as the Lessor may, from time to time select, and the Lessor shall not be liable to the Lessee or any other Person (aA) based on the Lessor's (or such bank's) choice of investment vehicles, (bB) for any consequent loss of principal or interest or (cC) for any unavailability of funds based on such choice of investment; provided, however, that notwithstanding the foregoing, the Lessor shall only invest any such deposit in any of the investment vehicles described on EXHIBIT A of the Deposit Pledge Agreement. Furthermore, the Lessor shall bear no responsibility for the financial condition of, nor any act or omission by, the Lessor's depository bank. The income from such investment or interest on such deposit shall be paid to the Lessee on a semi-annual basis as long as no Lease Default has occurred and is then continuing, and as long as no fact or circumstance exists which, with the giving of notice and/or the passage of time, would constitute a Lease Default. The Lessee shall give not less than ten (10) days prior written notice to the Lessor in each instance when an Imposition or insurance premium is due, specifying the Imposition or premium to be paid and the amount thereof, the place of payment, and the last day on which the same may be paid in order to comply with the requirements of this Lease. If the Lessor, in violation of its obligations under this Lease, does not pay any Imposition or insurance premium when due, for which a sufficient deposit exists, the Lessee shall not be in default hereunder by virtue of the failure of the Lessor to pay such Imposition or such insurance premium and the Lessor shall pay any interest or fine assessed by virtue of the Lessor's failure to pay such Imposition or insurance premium.

Use of Deposits. The sums deposited by the Lessee under this Section 4.6 shall be held by the Lessor and shall be applied in payment of the ofthe Impositions or insurance premiums, as the case may be, when due. Any such deposits may be commingled with other assets of the Lessor, and shall be deposited by the Lessor at such bank as the Lessor may, ; from time to time select, and, provided that Lessor has invested such deposits in one or more of the investment vehicles described on SCHEDULE 4.6.2 attached hereto and the incorporated by reference, Lessor shall not be liable to the Lessee or any other Person (a) based on the Lessor's (or such bank's) choice of investment ofinvestment vehicles, (b) for any consequent loss of principal ofprincipal or interest or (c) for any unavailability of funds based on such choice of investment. Furthermore, the Lessor shall bear no responsibility for the financial fnancial condition of, nor any act or omission by, the Lessor's depository bank. The income from such investment or interest on such deposit shall be paid to the Lessee on a semi-annual basis as long as no Lease Default has occurred and is then continuing, and as long as no fact or circumstance exists which, with the giving of notice ofnotice and/or the passage of timeoftime, would constitute a Lease Default. The Lessee shall give not less than ten (10) days prior written notice to the Lessor in each instance when an Imposition or insurance premium is due, specifying the Imposition or premium to be paid and the amount thereof, the place of payment, and the last day on which the same may be paid in order to comply with the requirements of this ofthis Lease. If the Lessor, in violation of its obligations under this Lease, does not pay any Imposition or insurance premium when due, for which a sufficient deposit exists, the Lessee shall not be in default hereunder by virtue of the ofthe failure of the Lessor to pay such Imposition or such insurance premium and the Lessor shall pay any interest or fine assessed by virtue of the Lessor's failure to pay such Imposition or insurance premium.. 4.6.3

Use of Deposits. The sums deposited by the Lessee under this Section 4.6 shall be held by the Lessor and shall be applied by the Lessor in payment of the Impositions or insurance premiums, as the case may be, when dueon or before the due date thereafter and prior to any penalty, interest, late fee or other similar charge being imposed to the extent of available funds deposited by the Lessee under this Section 4.6. Any such deposits may be commingled with other assets of the Lessor, and shall be deposited by the Lessor at such bank as the Lessor may, from time to time select, and the Lessor shall not be liable to the Lessee or any other Person (a) based on the Lessor's (or such bank's) choice of investment vehicles, (b) for any consequent loss of principal or interest or (c) for any unavailability of funds based on such choice of investment; provided, however, that notwithstanding the foregoing, the Lessor shall only invest any such deposit in any of the investment vehicles described on Exhibit A of the Deposit Pledge Agreement. Furthermore, the Lessor shall bear no responsibility for the financial condition of, nor any act or omission by, the Lessor's depository bank. The income from such investment or interest on such deposit shall be paid to the Lessee on a semi-annual basis as long as no Lease Default has occurred and is then continuing, and as long as no fact or circumstance exists which, with the giving of notice and/or the passage of time, would constitute a Lease Default. The Lessee shall give not less than ten (10) days prior written notice to the Lessor in each instance when an Imposition or insurance premium is due, specifying the Imposition or premium to be paid and the amount thereof, the place of payment, and the last day on which the same may be paid in order to comply with the requirements of this Lease. If the Lessor, in violation of its obligations under this Lease, does not pay any Imposition or insurance premium when due, for which a sufficient deposit exists, the Lessee shall not be in default hereunder by virtue of the failure of the Lessor to pay such Imposition or such insurance premium and the Lessor shall pay any interest or fine assessed by virtue of the Lessor's failure to pay such Imposition or insurance premium.

Use of Deposits. The sums deposited by the Lessee under this Section 4.6 shall be held by the Lessor and shall be applied by the Lessor in payment of the Impositions or insurance premiums, as the case may be, when dueon or before the due date thereafter and prior to any penalty, interest, late fee or other similar charge being imposed to the extent of available funds deposited by the Lessee under this Section 4.6. Any such deposits may be commingled with other assets of the Lessor, and shall be deposited by the Lessor at such bank as the Lessor may, from time to time select, and the Lessor shall not be liable to the Lessee or any other Person (aA) based on the Lessor's (or such bank's) choice of investment vehicles, (bB) for any consequent loss of principal or interest or (cC) for any unavailability of funds based on such choice of investment; provided, however, that notwithstanding the foregoing, the Lessor shall only invest any such deposit in any of the investment vehicles described on Exhibit A of the Deposit Pledge Agreement. Furthermore, the Lessor shall bear no responsibility for the financial condition of, nor any act or omission by, the Lessor's depository bank. The income from such investment or interest on such deposit shall be paid to the Lessee on a semi-annual basis as long as no Lease Default has occurred and is then continuing, and as long as no fact or circumstance exists which, with the giving of notice and/or the passage of time, would constitute a Lease Default. The Lessee shall give not less than ten (10) days prior written notice to the Lessor in each instance when an Imposition or insurance premium is due, specifying the Imposition or premium to be paid and the amount thereof, the place of payment, and the last day on which the same may be paid in order to comply with the requirements of this Lease. If the Lessor, in violation of its obligations under this Lease, does not pay any Imposition or insurance premium when due, for which a sufficient deposit exists, the Lessee shall not be in default hereunder by virtue of the failure of the Lessor to pay such Imposition or such insurance premium and the Lessor shall pay any interest or fine assessed by virtue of the Lessor's failure to pay such Imposition or insurance premium.

Use of Deposits. The sums deposited by the Lessee under this Section 4.6 shall be held by the Lessor and shall be applied in payment of the Impositions or insurance 27 premiums, as the case may be, when due. Any such deposits may be commingled with other assets of the Lessor, and shall be deposited by the Lessor at such bank as the Lessor lessor may, from time to time select, and, provided that Lessor has invested such deposits in one or-more of the investment vehicles described on SCHEDULE 4.fi.2 attached hereto and the incorporated by reference, Lessor shall not be liable to the Lessee or any other Person (a) based on the Lessor's (or such bank's) choice of investment ofinvestment vehicles, (b) for any consequent loss of principal ofprincipal or interest or (c) for any unavailability of funds based on such choice of investment. Furthermore, the Lessor shall bear no responsibility responsibilitv for the financial condition of, nor any act or omission by, the Lessor's depository depositorv bank. The income from such investment or interest on such deposit shall be paid to the Lessee on a semi-annual basis as long as no Lease Default has occurred and is then continuing, and as long as no fact or circumstance exists etists which, with the giving of notice and/or the passage of time, would constitute a Lease Default. The Lessee shall give not less than ten (10) days prior written notice to the Lessor in each instance when an Imposition or insurance premium is due, specifying the Imposition or premium to be paid and the amount thereof, the place of paymentofpayment, and the last day on which the same may be paid in order to comply with the requirements of this Lease. If the Lessor, in violation of its obligations under this Lease, does not pay any Imposition or insurance premium prerriium when due, for which a sufficient deposit exists, the Lessee shall not be in default hereunder by virtue of the ofthe failure of the Lessor to pay such Imposition or such insurance insurarice premium and the Lessor shall pay any interest or fine assessed by virtue of the Lessor's failure to pay such Imposition or insurance premium.. 4.6.3

Use of Deposits. The sums deposited by the Lessee under this Section 4.6 shall be held by the Lessor and shall be applied in payment of the Impositions or insurance premiums, as the case may be, when due. Any such deposits may be commingled with other assets of the Lessor, and shall be deposited by the Lessor at such bank as the Lessor may, from time to time select, and the Lessor shall not be liable to the Lessee or any other Person (a) based on the Lessor's (or such bank's) choice of investment vehicles, (b) for any consequent loss of principal or interest or (c) for any unavailability of funds based on such choice of investment. Furthermore, the Lessor shall bear no responsibility for the financial condition of, nor any act or omission by, the Lessor's depository bank. The income from such investment or interest on such deposit shall be paid to the Lessee on a semi-annual basis as long as no Lease Default has occurred and is then continuing, and as long as no fact or circumstance exists which, with the giving of notice and/or the passage of time, would constitute a Lease Default. The Lessee shall give not less than ten (10) days prior written notice to the Lessor in each instance when an Imposition or insurance premium is due, specifying the Imposition imposition or premium to be paid and the amount thereof, the place of payment, and the last day on which the same may be paid in order to comply with the requirements of this Lease. If the Lessor, in violation of its obligations under this Lease, does not pay any Imposition imposition or insurance premium when due, for which a sufficient deposit exists, the Lessee shall not be in default hereunder by virtue of the failure of the Lessor to pay such Imposition or such insurance premium and the Lessor shall pay any interest or fine assessed by virtue of the Lessor's failure to pay such Imposition or insurance premium.the

Use of Deposits. The sums deposited by the Lessee under this Section 4.6 shall be held by the Lessor and shall be applied in payment of the Impositions or insurance premiums, as the case may be, when due. Any such deposits may be commingled with other assets of the Lessor, and shall be deposited by the Lessor at such bank as the Lessor may, from time to time select. Lessor may, and at its election from time to time exercised, invest all or part of such deposits in one or more of the investment vehicles described on EXHIBIT A to the Deposit Pledge Agreement. Lessor shall not be liable to the Lessee or any other Person (a) based on the Lessor's (or such bank's) choice of investment vehicles, (b) for any consequent loss of principal or interest or (c) for any unavailability of funds based on such choice of investment. Furthermore, the Lessor shall bear no responsibility for the financial condition of, nor any act or omission by, the Lessor's depository bank. The income from such investment or interest on such deposit shall be paid to the Lessee on a semi-annual basis as long as no Lease Default has occurred and is then continuing, and as long as no fact or circumstance exists which, with the giving of notice and/or the passage of time, would constitute a Lease Default. The Lessee shall give not less than ten (10) days prior written notice to the Lessor in each instance when an Imposition or insurance premium is due, specifying the Imposition or premium to be paid and the amount thereof, the place of payment, and the last day on which the same may be paid in order to comply with the requirements of this Lease. If the Lessor, in violation of its obligations under this Lease, does not pay any Imposition or insurance premium when due, for which a sufficient deposit exists, the Lessee shall not be in default hereunder by virtue of the failure of the Lessor to pay such Imposition or such insurance premium and the Lessor shall pay any interest or fine assessed by virtue of the Lessor's failure to pay such Imposition or insurance premium.