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Trustees and the Beneficiaries. In case of any such material ~
damage, destruction or Taking, the Trustees shall be entitled ;
to all insurance proceeds, payments or awards on account ~
thereof, to the same extent the Company would be entitled
thereto under the Lease, and the Company hereby irrevocably
assigns~to the Trustees all of its rights to any such
insurance proceeds, payments or awards. With respect to a
Taking, the Company will file or prosecute or cause to be ~
filed or prosecuted in good faith and with due diligence
what would otherwise be its claim for any such award or
payment and cause the same to be collected and paid over
to the Trustees and irrevocably authorizes and empowers the
Trustees in the name of the Company or otherwise, to file F
and prosecute any such claim and to collect, receipt for
anci retain the same. The Company will pay or cause to be
paid all costs and.expenses reasonably incurred in connection
with any Taking and s eeking and obtaining any award or
payment in respect thereof. Unless an Event of Default shall
` have occurred under the Lease, all surr.s so received by the
; Trustees shall be applied in accordance with the provisions
of Section 17.3 of the Lease, excep~ that any such sums
r received with respect to a Taking for temporary use shall
~ be applied in accordance with the provisions of Section
~ 17.2 thereof. If an Event of Default shall have occurred ~
~ under the Lease or if the Lease shall be terminated, all ;
~ sums so received by the Trustees shall be applied in the ~
manner specified in Article XVI of this Indenture. ~
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` ' (g) Annual Officer's Certificate. Furnish
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~ the Trustees and each of the Beneficiaries with the following: ~
~ (i) Within 120 days after the end of each
~ of the Company's fiscal years, an Officer's Certificate,
~ stating that to the best of the signer's knowledge
~ after making due inquiry, the Company is not in default
~ in the performance or observance of any of the terms of
X~ the Company Documents, or if the Company shall be in
default to his knowledge, specifying all such defaults,
and the nature thereof, and the steps being taken to i
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remedy the same; and +
(ii) With reasonable promptness, such other ~
_ information respecting the financial condition and
- affairs of the Company as the Trustees or any of, the
_ , Beneficiaries may from time to time request.
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