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04-26-2023 Council Packet
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04-26-2023 Council Packet
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77060900v2 <br /> <br /> <br /> 16 <br /> <br />may be written with deductible amounts comparable to those on similar policies carried by other <br />companies engaged in businesses similar in size, character and other respects to those in which the <br />procuring entity is engaged. All property and casualty insurance policies required by Section 6.4(a) <br />hereof shall contain a standard non-contributory mortgagee clause showing the interest of the <br />Funding Lender as first mortgagee and shall provide for payment to the Funding Lender of the net <br />proceeds of insurance resulting from any claim for loss or damage thereun der. All policies of <br />insurance required by Section 6.4(a) hereof shall provide for at least thirty (30) days’ prior written <br />notice of the restriction, cancellation or modification thereof to the Funding Lender, with a copy to <br />the Controlling Person. The policy evidencing liability insurance required by Section 6.4(a) hereof <br />shall name the Governmental Lender, the Controlling Person and the Funding Lender as additional <br />named insureds. The Borrower acknowledges that a security interest in the policies of property <br />and casualty insurance required by Section 6.4(a) and the net proceeds thereof is being granted to <br />the Funding Lender pursuant to the Mortgage. Upon request of the Funding Lender, the Borrower <br />will assign and deliver (which assignment shall be deemed to be automatic and to have occurred <br />upon the occurrence of an Event of Default hereunder) to the Funding Lender, the policies of <br />property and casualty insurance required under Section 6.4(a), so and in such manner and form that <br />the Funding Lender shall at all times, upon such request and until the payment in full of the <br />Governmental Note, have and hold said policies and the net proceeds thereof as collateral and <br />further security under the Mortgage for application as provided in the Mortgage. The policies under <br />Section 6.4(a) hereof shall contain appropriate waivers of subrogation. <br />(c) Copies of the policy or certificate (or binder) of insurance required by Section <br />6.4(a) hereof shall be delivered to the Funding Lender, with a copy to the Controlling Person on or <br />before the Closing Date. The Borrower shall deliver to the Governmental Lender and the Funding <br />Lender before the first (1st) Business Day of each calendar year thereafter a certificate dated not <br />earlier than the immediately preceding month reciting that there is in full force and effect insurance <br />of the types and in the amounts required by this Section 6.4. Prior to the expiration of each such <br />policy, the Borrower shall furnish the Funding Lender, with a copy to the Controlling Person, with <br />evidence that such policy has been renewed or replaced or is no longer required by this Agreement. <br />The Borrower shall provide such further information with respect to the insurance coverage <br />required by this Agreement as the Controlling Person may, from time to time, reasonably require. <br />(d) The net proceeds of the property and casualty insurance carried pursuant to the <br />provisions of Section 6.4(a) hereof shall be applied as provided in the Mortgage and the net <br />proceeds of the liability insurance required by Section 6.4(a) hereof shall be applied, with the prior <br />written consent of the Controlling Person toward extinguishment or satisfaction of the liability with <br />respect to which such insurance proceeds may be paid. <br />Section 6.5 Compliance with Other Contracts and Funding Loan Documents. The Borrower <br />will comply with all of its covenants and agreements under the Funding Loan Documents to which it is a <br />party, as the same may hereafter be amended or supplemented from time to time, and each of such covenants <br />is incorporated herein by reference as if fully set forth herein. The Borrower acknowledges that the Funding <br />Loan Agreement imposes certain obligations upon the Borrower and the Borrower agrees to discharge such <br />obligations as if they were fully set forth herein (notwithstanding that the Borrower is not a party to the <br />Funding Loan Agreement). The Borrower shall comply with all of its covenants and agreements under the <br />Subordinate Debt Documents. The Borrower shall comply in all materials respects with, or cause to be <br />complied with, all requirements and conditions of all Material Contracts and insurance policies which relate <br />to the Borrower or the Project Facilities. <br />Section 6.6 Maintenance of Project Facilities. The Borrower will, at its sole expense and as <br />one of the Expenses (including use of the funds on deposit in the Accounts, in accordance with the terms
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