CASE AS SET FORTH IN WRITTEN
SPECIFICATIONS OR GUIDELINES ISSUED BY THE ISSUER OR THE INDENTURE TRUSTEE, AS
THE CASE MAY BE, FROM TIME TO TIME.
THE PROPERTY MANAGER SHALL ALSO PROVIDE TO
THE INDENTURE TRUSTEE THE WIRE INSTRUCTIONS FOR THE RELEVANT PARTIES TO WHICH
PAYMENTS UNDER SECTION 2.11(B) OF THE INDENTURE WILL BE MADE.
THE DETERMINATION
DATE REPORT SHALL ALSO CONTAIN A CERTIFICATION BY THE PROPERTY MANAGER THAT THE
ISSUER HAS NOT INCURRED ANY INDEBTEDNESS EXCEPT INDEBTEDNESS PERMITTED BY THE
TRANSACTION DOCUMENTS.
SUCH INFORMATION SHALL BE DELIVERED BY THE PROPERTY
MANAGER TO EACH OF THE ISSUER, THE INDENTURE TRUSTEE AND THE INSURER IN
AGREED-UPON FORMAT AND SUCH ELECTRONIC OR OTHER FORM AS MAY BE REASONABLY
ACCEPTABLE TO THE ISSUER, THE INDENTURE TRUSTEE OR THE INSURER, AS APPLICABLE.
THE SPECIAL SERVICER SHALL FROM TIME TO TIME (AND, IN ANY EVENT, AS MAY BE
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REASONABLY REQUIRED BY THE PROPERTY MANAGER) PROVIDE THE PROPERTY MANAGER WITH
SUCH INFORMATION REGARDING THE SPECIALLY SERVICED ASSETS AS MAY BE NECESSARY FOR
THE PROPERTY MANAGER TO PREPARE EACH DETERMINATION DATE REPORT AND ANY
SUPPLEMENTAL INFORMATION TO BE PROVIDED BY THE PROPERTY MANAGER TO THE ISSUER,
THE INSURERS OR THE INDENTURE TRUSTEE.
(B)
BY 1:00 P.M. NEW YORK CITY TIME TWO (2) BUSINESS DAYS AFTER THE LAST
DAY OF EACH COLLECTION PERIOD, THE SPECIAL SERVICER SHALL DELIVER TO THE
PROPERTY MANAGER, THE INSURERS AND THE INDENTURE TRUSTEE A REPORT CONTAINING
SUCH INFORMATION RELATING TO THE MORTGAGE LOANS, THE LEASES AND MORTGAGED
PROPERTIES MANAGED BY IT AND IN SUCH FORM AS THE INDENTURE TRUSTEE OR THE
INSURERS MAY REASONABLY REQUEST (SUCH REPORT, THE "SPECIAL SERVICER REPORT")
REFLECTING INFORMATION AS OF THE CLOSE OF BUSINESS ON THE LAST DAY OF SUCH
COLLECTION PERIOD.
(C)
NOT LATER THAN THE 30TH DAY FOLLOWING THE END OF EACH CALENDAR
QUARTER, COMMENCING WITH THE QUARTER ENDED SEPTEMBER 30, 2005, THE SPECIAL
SERVICER SHALL DELIVER TO THE INDENTURE TRUSTEE, THE INSURERS AND THE PROPERTY
MANAGER A REPORT CONTAINING SUCH INFORMATION AND IN SUCH FORM AS THE INDENTURE
TRUSTEE OR THE INSURERS MAY REASONABLY REQUEST (SUCH REPORT A "MODIFIED
COLLATERAL DETAIL AND REALIZED LOSS REPORT") WITH RESPECT TO ALL OPERATING
STATEMENTS AND OTHER FINANCIAL INFORMATION COLLECTED OR OTHERWISE OBTAINED BY
THE SPECIAL SERVICER PURSUANT TO SECTION 3.12(B) DURING SUCH CALENDAR QUARTER.
(d)
Not later than 3:00 p.m. New York City time on the fourth Business
Day prior to each Payment Date, the Property Manager shall provide to the
Indenture Trustee such information as is necessary for the Indenture Trustee to
determine whether a claim will be required (and if so, the amount of such claim)
under any Insurance Policy on such Payment Date.
Section 4.02.
Use of Agents.
The Property Manager may at its own expense utilize agents or attorneys-in-fact,
including Sub-Managers, in performing any of its obligations under this Article
IV, but no such utilization shall relieve the Property Manager from any of such
obligations, and the Property Manager shall remain responsible for all acts and
omissions of any such agent or