Common use of Common Terms Clause in Contracts

Common Terms. The Collateral Agent shall be named as additional insured and, together with Borrower as the only loss payees, as their interests may appear, on terms and conditions set forth in this clause (iii) in respect of the insurance policies required to be maintained pursuant to Section 5.05(b)(i) and Section 5.05(b)(ii). All policies of insurance required to be maintained pursuant to such Sections shall provide, either as a clause in, or an endorsement to, such policies, that (A) there shall be no recourse against the Collateral Agent or any Collateral for payment of premiums or other amounts with respect thereto, and (B) the insurers will endeavor to provide the Collateral Agent with at least 15 days’ prior written notice of reduction in coverage or amount (other than a reduction in coverage or amount resulting from a payment thereunder) or cancellation (including in the case of nonpayment of premiums) of any policy. If Borrower fails or may fail to timely file any proof of loss, the Collateral Agent shall have the right to submit such proof of loss in the place of Borrower, subject to compliance by the Collateral Agent with the terms and conditions of the applicable policy. Each such policy shall, either as a clause in, or an endorsement to, such policies, (X) waive any right of subrogation against the Collateral Agent (and its officers, employees, agents and insurers), (Y) provide that the insurance be primary and not excess to or contributory to any insurance or self-insurance maintained by Borrower and (Z) waive any right of the insurers to any set off or counterclaim or any other deduction (other than non- payment of premiums). All endorsements referred to in this Section 5.05(b)(iii) with respect to insurance currently held by or on behalf of Borrower shall be 119 delivered no later than 90 days after the Closing Date (or such longer period as Administrative Agent agrees).

Common Terms. The Collateral Agent shall be named as additional insured and, together with Borrower as the only loss payees, as their interests may appear, on terms and conditions set forth in this clause (iii) in respect of the insurance policies required to be maintained pursuant to Section 5.05(b)(i) and Section 5.05(b)(ii). All policies of insurance required to be maintained pursuant to such Sections shall provide, either as a clause in, or an endorsement to, such policies, that (A) there shall be no recourse against the Collateral Agent or any Collateral for payment of premiums or other amounts with respect thereto, and (B) the insurers will endeavor to provide the Collateral Agent with at least 15 days’ ’’ prior written notice of reduction in coverage or amount (other than a reduction in coverage or amount resulting from a payment thereunder) or ), cancellation (including in the case of nonpayment of premiums) of any policy. If Borrower fails or may fail to timely file any proof of loss, the Collateral Agent shall have the right to submit such proof of loss in the place of Borrower, subject to compliance by the Collateral Agent with the terms and conditions of the applicable policy. Each such policy shall, either as a clause in, or an endorsement to, such policies, (XA) waive any right of subrogation against the Collateral Agent (and its officers, employees, agents and insurers), (YB) provide that the insurance be primary and not excess to or contributory to any insurance or self-insurance maintained by Borrower and (ZC) waive any right of the insurers to any set off or counterclaim or any other deduction (other than non- payment of premiums). All endorsements referred to in this Section 5.05(b)(iii) with respect to insurance currently held by or on behalf of Borrower shall be 119 delivered no later than 90 180 days after the Closing Date (or such longer period as Administrative Agent agrees).Date. 101

Common Terms. The Collateral Agent shall be named as additional insured and, together with Borrower as the only loss payees, as their interests may appear, on terms and conditions set forth in this clause (iii) in respect of the insurance policies required to be maintained pursuant to Section 5.05(b)(i) and Section 5.05(b)(ii). All policies of insurance required to be maintained pursuant to such Sections shall provide, either as a clause in, or an endorsement to, such policies, that (A) there shall be no recourse against the Collateral Agent or any Collateral for payment of premiums or other amounts with respect thereto, and (B) the insurers will endeavor to provide the Collateral Agent with at least 15 days’ prior written notice of reduction in coverage or amount (other than a reduction in coverage or amount resulting from a payment thereunder) or ), cancellation (including in the case of nonpayment of premiums) of any policy. If Borrower fails or may fail to timely file any proof of loss, the Collateral Agent shall have the right to submit such proof of loss in the place of Borrower, subject to compliance by the Collateral Agent with the terms and conditions of the applicable policy. Each such policy shall, either as a clause in, or an endorsement to, such policies, (XA) waive any right of subrogation against the Collateral Agent (and its officers, employees, agents and insurers), (YB) provide that the insurance be primary and not excess to or contributory to any insurance or self-insurance maintained by Borrower and (ZC) waive any right of the insurers to any set off or counterclaim or any other deduction (other than non- non payment of premiums). All endorsements referred to in this Section 5.05(b)(iii) with respect to insurance currently held by or on behalf of Borrower shall be 119 delivered no later than 90 180 days after the Closing Date (or such longer period as Administrative Agent agrees)Date.

Common Terms. The Collateral Agent shall be named as additional insured and, together with Borrower as the only loss payees, as their interests may appear, on terms and conditions set forth in this clause (iii) in respect of the insurance policies required to be maintained pursuant to Section 5.05(b)(i) and Section 5.05(b)(ii). All policies of insurance required to be maintained pursuant to such Sections shall provide, either as a clause in, or an endorsement to, such policies, that (A) there shall be no recourse against the Collateral Agent or any Collateral for payment of premiums or other amounts with respect thereto, and (B) the insurers will endeavor to provide the Collateral Agent with at least 15 days’ prior written notice of reduction in coverage or amount (other than a reduction in coverage or amount resulting from a payment thereunder) or ), cancellation (including in the case of nonpayment of premiums) of any policy. If Borrower fails or may fail to timely file any proof of loss, the Collateral Agent shall have the right to submit such proof of loss in the place of Borrower, subject to compliance by the Collateral Agent with the terms and conditions of the applicable policy. Each such policy shall, either as a clause in, or an endorsement to, such policies, (XA) waive any right of subrogation against the Collateral Agent (and its officers, employees, agents and insurers), (YB) provide that the insurance be primary and not excess to or contributory to any insurance or self-insurance maintained by Borrower and (ZC) waive any right of the insurers to any set off or counterclaim or any other deduction (other than non- non-payment of premiums). All endorsements referred to in this Section 5.05(b)(iii) with respect to insurance currently held by or on behalf of Borrower shall be 119 delivered no later than 90 180 days after the Closing Date (or such longer period as Administrative Agent agrees)Date.