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<br /> , (h) failure of consideration , f� ilure of r. ltie or coimnerciial Lrustration ; and
<br /> � ( i ) any change in Che cor. or other lnws of tlie United 5tares or of nny state
<br /> or other govcrnmental uuthority .
<br /> Notwithstanding the foregoing , tite Company may , at i.ts own cost and expense
<br /> � und in its name � r in the name of [he Lessor , prosecute or defend any nctinu or pro-
<br /> { ,= ceeding or take any other action which the Company muy deem rcasonubly necessary in
<br /> ' order to secure or protect its right of use and occupancy and other rights hereunder .
<br /> ; Furthermore , except to Che extent provided in and subJect to the first paragraph of
<br /> `� thia section , nothin� contained herein shall be construed to prevent or restrict the
<br /> 1 Compuny from asserting any ri�hts which it may have under this Lease or under any
<br /> ' provisions of law against the Lessor or the Trustee , or any uther purty or parties to
<br /> ,5 whom the Trustee is acting pursuant to this Lease .
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<br /> Section 1 . 12 . rlortRage ControllinF . The parties to this Lense liere6y ngr�e
<br /> that the Pro� ect or Additional Improvements , if any , will Ue provided , the co3ts incurred
<br /> � r therefor will be paid and the funds available therefor will be administered in a manner
<br /> not inconsistent with the PtorCgage .
<br /> Section 1 . 13 . Assi�nment of iJarranties . Tlie Lessor will , to the extent
<br /> � -� possible , trunsfer and assign to the Company , upon completion oF the Pro;ject or Additional
<br /> •? Improvements , if any , all of tlie Lessor ' s rights and interest in , to and under any
<br /> i maintenance or surety bonds or warranties respecting quality , durability or �aorkmanship
<br /> ` obtained by the Lessor in cannection with the completion of the Yroject or Additional
<br /> � Improveroents , if any , or any part thereof , and give to the Company the right to take
<br /> � action , at the Company ' s sole cosC and expense , in the name of either the Lessor or
<br /> the Company for the eniorcement of such bonds and caarrantics ; and all benefits and
<br /> recoveries accruing therefrom during the term of the Lease shull be retained 6y Che
<br /> ' � Company . .
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<br /> Section 1 . 14 . Completion of Payment of Cost of Proiect . I [ the parties
<br /> � hereto shall at any time determine that the praceeds ai the Uonds , with other funds
<br /> '� available Cherefor ; are not sufficient to pay Che cost of the Pro� ect , the Lessor siiall
<br /> ' promptly send written noticc of such determination [o the Trustee , accompanied by
<br /> ' �; supporting evidence , including copies of the latest estimate uf the cost of [he Project
<br /> `, made by a qualified enginecr. (who may be an emplayee of the Company ) the latest report
<br /> 's showing the status of the cunstruction and financing of the Pro.ject and a statement ,
<br /> % approved by the parties hereto and such engineer respecting the additional funds required
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<br /> � _; to pay the cos � of the Project . The Lessor shall also provide such addirional Information „
<br /> and data as may be requested by any of the partics hcreto or [he Trustee with reference
<br /> to the engineering , coustruction and financing aspects of the Project . The Compan��
<br /> hereby covenants and agrees that in conformity with the provisions of this Section it
<br /> will pay , in addition ta all other rent , payments and obligations which it is uUligated
<br /> to pay and fulfill under this L�ase , such additional amounc or amounts as shall Ue
<br /> , � necessary to pay in full the cose uf the project provided in cunformi h� with the latest
<br /> plans and specifications theretofore approved by the parties hereto . The Company shall
<br /> satisfy such obligation by exercising any one of the followinb options :
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<br /> ` '' (a ) forthwith depositing in tlic Construction Fund , as defined in and
<br /> estublished under [hc terms of the Mortgage , the additional amount required ta pay in
<br /> full such cost of the Fro� ect ;
<br /> (U ) requesting the Lessor to issue additional Bonds under the �[ortgage in
<br /> _ the amount required to pay in Pull the cost oE compleL• ing the Project , and aFreeing �o
<br /> Ai('"'. puy additional rent to [he e:ctent required in conformity with this Lease ; or
<br /> (c ) depositing part of thc additional money required and requesting tlie
<br /> issuance of Bonds for , the balance , pursuant to clauses ( a ) and (b ) hereoP ;
<br /> , ?;;; provided , however , that the failure of the Lessor to isr>ue such additional Bonds , or
<br /> any part thereof , shall not relieve thc Company of the obligation under this Section
<br /> of providing the additional money required to pay the cost of the I' roject in tull .
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