(OR THE ACTUAL) GROSS REVENUE (MINUS
ESTIMATED (OR ACTUAL) VARIABLE COSTS WHICH WILL NO LONGER BE INCURRED DUE TO THE
BUSINESS INTERRUPTION) INCREASES OR (B) DECREASED FROM TIME TO TIME TO THE
EXTENT RENTS OR THE ESTIMATES OF SUCH GROSS REVENUE OR VARIABLE COSTS DECREASES;
(E)
BUILDER'S ALL-RISK INSURANCE. DURING ANY
PERIOD OF REPAIR OR RESTORATION, BUILDER'S "ALL RISK" INSURANCE IN AN AMOUNT
EQUAL TO NOT LESS THAN THE FULL INSURABLE VALUE OF THE MORTGAGED PROPERTY
AGAINST SUCH RISKS (INCLUDING FIRE AND EXTENDED COVERAGE AND COLLAPSE OF THE
IMPROVEMENTS TO AGREED LIMITS) AS THE ADMINISTRATIVE AGENT MAY REQUEST, IN FORM
AND SUBSTANCE ACCEPTABLE TO THE ADMINISTRATIVE AGENT;
(F)
BOILER AND MACHINERY INSURANCE. INSURANCE
AGAINST LOSS OR DAMAGE FROM EXPLOSION OF STEAM BOILERS, AIR CONDITIONING
EQUIPMENT, HIGH PRESSURE PIPING, MACHINERY AND EQUIPMENT, PRESSURE VESSELS OR
SIMILAR APPARATUS NOW OR HEREAFTER INSTALLED IN ANY OF THE IMPROVEMENTS AND
INSURANCE AGAINST LOSS OF OCCUPANCY OR USE ARISING FROM ANY BREAKDOWN, IN SUCH
AMOUNTS AS ARE GENERALLY AVAILABLE AT REASONABLE PREMIUMS AND ARE GENERALLY
REQUIRED BY INSTITUTIONAL LENDERS FOR PROPERTIES COMPARABLE TO THE MORTGAGED
PROPERTY;
(G)
FLOOD INSURANCE. FLOOD INSURANCE IF ANY PART
OF ANY STRUCTURE OR IMPROVEMENT COMPRISING THE MORTGAGED PROPERTY IS LOCATED IN
AN AREA IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY AS AN AREA
FEDERALLY DESIGNATED A "100 YEAR FLOOD PLAIN" AND (A) FLOOD INSURANCE IS
GENERALLY AVAILABLE AT REASONABLE PREMIUMS AND IN SUCH AMOUNT AS GENERALLY
REQUIRED BY INSTITUTIONAL LENDERS FOR SIMILAR PROPERTIES OR (B) IF NOT SO
AVAILABLE FROM A PRIVATE CARRIER, FROM THE FEDERAL GOVERNMENT AT COMMERCIALLY
REASONABLE PREMIUMS TO THE EXTENT AVAILABLE.
39
(H)
TERRORISM INSURANCE.
PROVIDED THAT FOREIGN
INSURANCE COVERAGE ("TERRORISM INSURANCE") RELATING TO THE ACTS OF TERRORISM ON
BEHALF OF FOREIGN INDIVIDUALS OR INTERESTS AS CONTEMPLATED BY THE FOREIGN
TERRORISM INSURANCE ACT IS EITHER (I) COMMERCIALLY AVAILABLE, (II) COMMONLY
OBTAINED BY OWNERS OF COMMERCIAL PROPERTIES IN THE SAME GEOGRAPHIC AREA AS THE
MORTGAGED PROPERTY AND WHICH ARE SIMILAR TO THE MORTGAGED PROPERTY OR (III)
MAINTAINED FOR ANOTHER HOTEL PROPERTY IN THE SAME GEOGRAPHIC AREA AS THE
MORTGAGED PROPERTY WHICH IS AT LEAST 51% OWNED DIRECTLY OR INDIRECTLY BY ANY
BORROWER PARTY, THE BORROWER SHALL CARRY TERRORISM INSURANCE THROUGHOUT THE TERM
OF THE LOAN (INCLUDING ANY EXTENSION TERMS) ON A PER OCCURRENCE BASIS IN POLICY
AMOUNTS AS REQUIRED UNDER SECTIONS 7.3.(1)(A), (D) AND (F).
(I)
DEMOLITION AND INCREASED CONSTRUCTION
COSTS. COVERAGE TO COMPENSATE FOR THE COST OF DEMOLITION AND THE INCREASED COST
OF CONSTRUCTION FOR THE MORTGAGED PROPERTY;
(J)
LAW AND ORDINANCE INSURANCE. LAW AND
ORDINANCE INSURANCE COVERAGE IN AN AMOUNT NO LESS THAN THAT SET FORTH IN THE
INSURANCE POLICIES COVERING THE MORTGAGED PROPERTY AS OF THE DATE HEREOF;
(K)
OTHER INSURANCE. UPON SIXTY (60) DAYS' WRITTEN
NOTICE, SUCH OTHER REASONABLE TYPES OF INSURANCE NOT COVERED IN SECTIONS
7.3(1)(A) THROUGH 7.3(1)(J) AND IN SUCH REASONABLE AMOUNTS AS THE ADMINISTRATIVE
AGENT FROM TIME TO TIME MAY REASONABLY REQUEST AGAINST SUCH OTHER INSURABLE
HAZARDS (BUT NOT EARTHQUAKE) WHICH AT THE TIME ARE COMMONLY INSURED AGAINST FOR