ITS
CONSENT TO REDUCTIONS IN THE STATED AMOUNTS AND TYPES OF COVERAGE REQUIRED TO BE
MAINTAINED BY BORROWER HEREUNDER IF SUCH LEVELS OF COVERAGE OR TYPES OF
INSURANCE, AS DETERMINED BY AGENT IN ITS SOLE REASONABLE DISCRETION, (A) ARE NOT
AVAILABLE AT COMMERCIALLY REASONABLE RATES, (B) ARE NOT AT THE TIME COMMONLY
MAINTAINED FOR PROPERTIES SIMILAR TO THE PROPERTY AND LOCATED IN OR AROUND THE
REGION IN WHICH THE PROPERTY IS LOCATED AND (C) BORROWER SHALL NOT BE REQUIRED
TO SPEND IN EXCESS OF $150,000 FOR TERRORISM COVERAGE.
(II)
BORROWER, AT ITS SOLE COST AND EXPENSE, FOR THE MUTUAL BENEFIT OF
BORROWER AND AGENT, SHALL ALSO (OR SHALL CAUSE THE TENANT UNDER THE TERMS OF AN
APPLICABLE LEASE TO) OBTAIN AND MAINTAIN OR CAUSE TO BE OBTAINED AND MAINTAINED
DURING THE ENTIRE TERM OF THE LOAN THE FOLLOWING POLICIES OF INSURANCE:
(A)
FLOOD INSURANCE, IF ANY PART OF THE PROPERTY IS LOCATED IN AN AREA
IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY AS AN AREA HAVING SPECIAL
FLOOD HAZARDS AND IN WHICH FLOOD INSURANCE HAS BEEN MADE AVAILABLE UNDER THE
NATIONAL FLOOD INSURANCE ACT OF 1968, THE FLOOD DISASTER PROTECTION ACT OF 1973
OR THE NATIONAL FLOOD INSURANCE REFORM ACT OF 1994 (AND ANY AMENDMENT OR
SUCCESSOR ACT THERETO) IN AN AMOUNT AT LEAST EQUAL TO THE MAXIMUM LIMIT OF
COVERAGE AVAILABLE WITH RESPECT TO THE IMPROVEMENTS AND EQUIPMENT UNDER SAID ACT
AND WITH DEDUCTIBLES NOT TO EXCEED THE MAXIMUM DEDUCTIBLES AVAILABLE UNDER SAID
ACT AND EXCESS FLOOD COVERAGE IN AN AMOUNT OF $5,000,000, INCLUDING
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PROPERTY DAMAGE AND BUSINESS INCOME, WHICH EXCESS FLOOD COVERAGE SHALL BE
SUBJECT TO A DEDUCTIBLE IN AN AMOUNT NOT GREATER THAT 5% OF TOTAL INSURED VALUE;
(B)
COMMERCIAL GENERAL LIABILITY INSURANCE, INCLUDING COVERAGE FOR
BROAD FORM PROPERTY DAMAGE, CONTRACTUAL DAMAGES, PERSONAL INJURY, BODILY
INJURIES (INCLUDING DEATH RESULTING THEREFROM) AND A LIQUOR LIABILITY
ENDORSEMENT IF LIQUOR IS SOLD ON THE PROPERTY, CONTAINING MINIMUM LIMITS OF
LIABILITY OF $1 MILLION FOR BOTH INJURY TO OR DEATH OF A PERSON AND FOR PROPERTY
DAMAGE PER OCCURRENCE AND $2 MILLION IN THE AGGREGATE FOR THE PROPERTY, AND SUCH
OTHER LIABILITY INSURANCE REASONABLY REQUESTED BY AGENT; IN ADDITION, AT LEAST
$10 MILLION (AND, WITH RESPECT TO THE INDIVIDUAL PROPERTY KNOWN AS WACHOVIA
CENTER TOWER, $50 MILLION) EXCESS AND/OR UMBRELLA LIABILITY INSURANCE SHALL BE
OBTAINED AND MAINTAINED FOR ANY AND ALL CLAIMS, INCLUDING ALL LEGAL LIABILITY
IMPOSED UPON BORROWER AND ALL COURT COSTS AND ATTORNEYS' FEES INCURRED IN
CONNECTION WITH THE OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROPERTY IN
ACCORDANCE WITH THE STANDARD ISO GENERAL LIABILITY POLICY FORM INCLUSIVE OF
CONTRACTUAL LIABILITY;
(C)
BUSINESS INTERRUPTION INSURANCE (INCLUDING RENTAL VALUE) IN AN
ANNUAL AGGREGATE AMOUNT EQUAL TO THE ESTIMATED GROSS REVENUES FROM THE LEASES OF
THE PROPERTY (INCLUDING, WITHOUT LIMITATION, THE LOSS OF ALL RENTS AND
ADDITIONAL RENTS PAYABLE BY ALL OF THE LESSEES UNDER THE LEASES (WHETHER OR NOT
SUCH LEASES ARE TERMINABLE IN THE EVENT OF A FIRE OR CASUALTY)), SUCH INSURANCE
TO COVER LOSSES FOR THE PERIOD