Common use of Dollar General Clause in Contracts

Dollar General. Iberia (Loan No. 65) Dollar General – Pine Island (Loan ▇▇. ▇▇) ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ – ▇▇▇▇ (▇▇▇▇ ▇▇. ▇▇) Dollar General – Wheaton (Loan No. 68) With respect to each subject Mortgage Loan, the related Mortgaged Property is leased to a single tenant. In each case, to the extent: (i) the related lease is in full force and effect, (ii) no default beyond any applicable notice and cure period has occurred and is continuing under the related lease, (iii) the related sole tenant is permitted per the terms of its lease to rebuild and/or repair the related Mortgaged Property and is entitled to no period of rent abatement, and (iv) the related sole tenant maintains the insurance required to be maintained by it under the related lease as of the date of origination or as otherwise approved by the lender in writing, the related borrower will not be required to maintain coverage under Section 5.1.1 of the related loan agreement. Notwithstanding that the related sole tenant is permitted to and may be providing insurance that the related borrower is required to provide under Section 5.1.1 of the related loan agreement, the related borrower acknowledges that the borrower is responsible for maintaining (or causing the related sole tenant to maintain) the insurance required to be maintained under the related loan agreement (it being specifically agreed and understood that the related borrower must at all times maintain any such insurance to the extent not maintained by the related sole tenant). Notwithstanding anything to the contrary contained in paragraph 5.1.1(i) of the related loan agreement: (A) except as provided above, if, at any time and from time to time during the term of the related loan agreement, the insurance policies maintained by the related sole tenant as of the date of origination is modified to decrease the type or amount of coverage, then the related borrower shall upon obtaining knowledge thereof, promptly notify the lender in writing and the lender shall have the right to require that the related borrower, at its sole cost and expense, promptly procure and maintain either (x) “primary” insurance coverage in the event that the related sole tenant does not provide the applicable insurance coverage required in Section 5.1.1(a) of the related loan agreement or (y) “excess and contingent” insurance coverage in the event that the related sole tenant does not have the sufficient insurance coverage required under Section 5.1.1(a) of the related loan agreement, in each case, in “concurrent form” with the policies obtained pursuant to the related lease, over and above any other valid and collectible coverage then in existence, as shall be necessary to bring the insurance coverage for the related Mortgaged Property to at least the types and amount of coverage provided by the related sole tenant as of the date of the related loan agreement; and/or (B) if, at any time and from time to time during the term of the subject Mortgage Loan, the insurance policies maintained by the related sole tenant under its lease fail to name the lender as an additional insured or beneficiary, as the case may be, the related borrower shall maintain such insurance policies, regardless of whether such insurance is maintained by the related sole tenant under its lease. However, with respect to each subject Mortgaged Property, the related sole tenant lease does not require, and the related borrower is not otherwise required to provide, terrorism insurance coverage.

Dollar General. Iberia Danville (Loan No. 65) Dollar General – Pine Island (Loan ▇▇. ▇▇) ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ – ▇▇▇▇ (▇▇▇▇ ▇▇. ▇▇) Dollar General – Wheaton (Loan No. 6864) With respect to each of the subject Mortgage LoanLoans, the related Mortgaged Property is leased to a single tenant. In each case, to To the extent: extent (i) the related lease is in full force and effect, (ii) no default beyond any applicable notice and cure period has occurred and is continuing under the related lease, (iii) the related sole tenant is permitted per the terms of its lease to rebuild and/or repair the related Mortgaged Property and is entitled to no period of rent abatement, and (iv) the related sole tenant maintains maintains, either through a program of self-insurance or otherwise, the insurance required to be maintained by it under the related lease lease, as of the date of origination of the subject Mortgage Loan or as otherwise approved by the lender in writing, the related borrower Mortgagor will not be required to maintain coverage under Section 5.1.1 of the related loan agreement. Notwithstanding that the related sole tenant is permitted to and may be providing insurance that the related borrower Mortgagor is required to provide under Section 5.1.1 of the related loan agreement, the related borrower Mortgagor acknowledges that the borrower it is responsible for maintaining (or causing the related sole tenant to maintain) the insurance required to be maintained under the related loan agreement (it being specifically agreed and understood that the related borrower Mortgagor must at all times maintain any such insurance to the extent not maintained by the related sole tenant). Notwithstanding anything to the contrary contained in paragraph 5.1.1(i) Section 5.1.1 of the related loan agreement: (A) except as provided above, if, at any time and from time to time during the term of the related loan agreementsubject Mortgage Loan, the insurance policies policies, or self-insurance program, maintained by the related sole tenant as of the date of origination of the subject Mortgage Loan is modified to decrease the type or amount of coverage, then the related borrower shall Mortgagor is required, upon obtaining knowledge thereof, to promptly notify the lender in writing and the lender shall have has the right to require that the related borrowerMortgagor, at its sole cost and expense, promptly procure and maintain either (x) “primary” insurance coverage in the event that the related sole tenant does not provide the applicable insurance coverage required in Section 5.1.1(a) of the related loan agreement or (y) “excess and contingent” insurance coverage in the event that the related sole tenant does not have the sufficient insurance coverage required under Section 5.1.1(a) of the related loan agreement, in each case, in “concurrent form” with the policies obtained pursuant to the related lease, over and above any other valid and collectible coverage then in existence, as shall will be necessary to bring the insurance coverage for the related Mortgaged Property to at least the types and amount of coverage provided by the related sole tenant as of the date of the related loan agreement; and/or (B) if, at any time and from time to time during the term of the subject Mortgage Loan, the insurance policies maintained by the related sole tenant under its the related lease fail to name the lender as an additional insured or beneficiary, as the case may be, the related borrower shall Mortgagor is required to maintain such insurance policies, regardless of whether such insurance is maintained by the related sole tenant under its lease. However, with respect to each subject Mortgaged Property, the related sole tenant lease does not require, and the related borrower is not otherwise required to provide, terrorism insurance coveragelease.