Common use of Failure to Collect Clause in Contracts

Failure to Collect. In the event that the Borrower or any other party providing insurance on its behalf fails to respond in a timely and appropriate manner (as reasonably determined by the Lenders) to take any steps necessary or reasonably requested by the Lenders to collect from any insurers for any loss covered by any insurance required to be maintained by this Schedule 5.17, the Lenders shall have the right to make all proofs of loss, negotiate all claims and/or receive all or any part of the proceeds of the foregoing insurance policies, either in its own name or the name of the Borrower; provided, however, that the Borrower shall, upon the request of the Lenders and at the Borrower’s own cost and expense, make all proofs of loss and take all other steps necessary or reasonably requested by the Lenders to collect from insurers for any loss covered by any insurance required to be obtained by this Schedule 5.17.

Failure to Collect. In the event that the Borrower or any other party providing insurance on its behalf fails to respond in a timely and appropriate manner (as reasonably determined by the LendersAdministrative Agent) to take any steps necessary or reasonably requested by the Lenders Administrative Agent to collect from any insurers for any loss covered by any insurance required to be maintained by this Schedule 5.17, the Lenders Administrative Agent shall have the right to make all proofs of loss, negotiate all claims and/or receive all or any part of the proceeds of the foregoing insurance policies, either in its own name or the name of the Borrower; provided, however, that the Borrower shall, upon the request of the Lenders Administrative Agent and at the Borrower’s own cost and expense, make all proofs of loss and take all other steps necessary or reasonably requested by the Lenders Administrative Agent to collect from insurers for any loss covered by any insurance required to be obtained by this Schedule 5.17.