Common use of Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage Clause in Contracts

Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage. (a) The Master Servicers, with respect to each of the Mortgage Loans, including Specially Serviced Mortgage Loans, and the Special Servicer, with respect to REO Properties, shall use reasonable efforts, consistent with the Servicing Standard, to cause the Mortgagor to maintain, to the extent required by the terms of the related Mortgage Loan documents, or if the Mortgagor does not maintain, shall itself maintain for each Mortgaged Property all insurance coverage as is required under the related Mortgage; provided that if and to the extent that any such Mortgage permits the holder thereof any discretion (by way of consent, approval or otherwise) as to the insurance coverage that the related Mortgagor is required to maintain, the Master Servicers shall exercise such discretion in a manner consistent with the Servicing Standard and subject to the terms of this Section 3.07; and provided, further that, if and to the extent that a Mortgage so permits, the applicable Master Servicer shall use reasonable efforts to cause the related Mortgagor to obtain the required insurance coverage from Qualified Insurers and required insurance coverage obtained by the Master Servicers shall be from

Appears in 1 contract

Sources: Pooling and Servicing Agreement (ML-CFC Commercial Mortgage Trust 2006-3)

Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage. (a) The Master Servicers, with respect to each Each of the Master Servicer and the Special Servicer shall, as to those Mortgage LoansLoans it is obligated to service hereunder, including use its best efforts in accordance with the Servicing Standard to cause the related Mortgagor to maintain (and, if the related Mortgagor does not so maintain, the Master Servicer (even in the case of Specially Serviced Mortgage Loans) shall itself maintain (subject to the provisions of this Agreement regarding Nonrecoverable Advances, and the Special Servicerfurther subject to Section 3.11(h) hereof, with respect to REO Properties, shall use reasonable efforts, consistent with the Servicing Standard, to cause the Mortgagor to maintain, and to the extent required by the terms Trustee, as mortgagee on behalf of the related Mortgage Loan documentsCertificateholders, or if has an insurable interest and to the Mortgagor does not maintain, shall itself maintain for each Mortgaged Property extent available at commercially reasonable rates) all insurance coverage as is required under the related MortgageMortgage (subject to applicable law); provided that if and to the extent that any such Mortgage permits the holder thereof any discretion (by way of consent, approval or otherwise) as to dictate to the Mortgagor the insurance coverage that the related Mortgagor is required to maintainbe maintained on such Mortgaged Property, the Master Servicers Servicer or the Special Servicer, as appropriate, shall exercise impose such discretion in a manner insurance requirements as are consistent with the Servicing Standard and subject to the terms of this Section 3.07; and provided, further that, if and to the extent that a Mortgage so permits, the applicable Master Servicer shall use reasonable efforts to cause the related Mortgagor to obtain the required insurance coverage from Qualified Insurers and required insurance coverage obtained by the Master Servicers shall be fromServicing

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Mortgage Capital Funding Inc)