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202406660 which Borrower is a party (including, without limitation, the Contract) and which relates to the ownership, occupancy, use, development, construction or management of the Project; and Borrower is not in default in the payment of principal or interest on any of its indebtedness to Lender for borrowed money, nor, to Borrower's knowledge, is in default under any instrument or agreement under and subject to which any indebtedness to Lender for borrowed money has been issued or is secured; and to Borrower's knowledge, no event has occurred which, with the lapse of time or the giving of notice, or both, would constitute an event of default thereunder. (i) The construction contract for the Project shall contain a fixed or maximum price for the construction of the Project. (j) THE REPRESENTATIONS AND WARRANTIES IN THIS ARTICLE III, AND ANY ADDITIONAL REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN SHALL BE DEEMED TO HAVE BEEN RENEWED AND RESTATED BY BORROWER AT THE TIME OF EACH REQUEST BY BORROWER FOR AN ADVANCE OF LOAN PROCEEDS. ARTICLE 4 COVENANTS OF BORROWER Section 4.01 Affirmative Covenants of the Borrower. From the date hereof and thereafter for so long as the Borrower is indebted to the Lender, whether under the Note or otherwise, the Borrower will, unless the Lender otherwise consents in writing: Section 4.02 Payment of Taxes, etc. Pay and discharge all taxes, assessments and governmental charges or levies imposed upon the Property, prior to the date on which penalties attach thereto, and all lawful claims which, if unpaid, might become a lien or charge upon the Property provided that the Borrower shall not be required to pay any such tax, assessment, charge, levy or claim which is being contested in good faith and by proper proceedings and as to which Borrower shall have set aside on its books adequate reserves in accordance with generally accepted accounting principles. Notwithstanding the above provisions, the Borrower agrees to pay all real estate taxes assessed on the Property, during its ownership of the Property. Nothing contained in this section shall be deemed a waiver or limitation on Borrower's right to seek abatement of property taxes if Borrower believes the Property is over -assessed. Section 4.03 Maintenance of Insurance. Maintain insurance in favor of the Borrower and the Lender, as their interests may appear, with responsible and reputable insurance companies reasonably acceptable to the Lender, to the extent of Lender's interest. All such insurance policies shall name the Lender as loss payee or mortgagee and shall provide for at least thirty (30) days' prior notice to the Lender before cancellation or amendment of any such policy. The Borrower shall provide the Lender with such evidence as the Lender may reasonably request from time to time as to the maintenance of all such insurance. Section 4.04 Construction. Borrower shall take all actions necessary to insure that the construction of the Project is completed no later than April 30, 2027 (the "Completion Deadline"),