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- 10 - 200512344 "Impositions"), as well as all claims for labor, materials or supplies that, if unpaid, might by law become a prior Lien thereon, and within 10 days after request by the Beneficiary or the Trustee will exhibit receipts showing payment of any ofthe foregoing; provided, however, that if by law any such Imposition may be paid in installments (whether or not interest shall accrue on the unpaid balance thereof), the Trustor may pay the same in installments (together with accrued interest on the unpaid balance thereof) as the same respectively become due, before any fine, penalty or cost attaches thereto. (b) Right to Contest Impositions. To the extent not inconsistent with the provisions of Section 5.03 ofthe Credit Agreement, the Trustor at its expense may, after prior notice to the Beneficiary, contest by appropriate legal, administrative or other proceedings conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any Imposition or Lien therefor or any claims of mechanics, materialmen, suppliers or vendors or Lien thereof, and may withhold payment of the same pending such proceedings if permitted by law, so long as (i) in the case of any Impositions or Lien therefor or any claims of mechanics, materialmen, suppliers or vendors or Lien thereof, such proceedings shall suspend the collection thereof from the Trust Estate, (ii) neither the Trust Estate nor any part thereof or interest therein will be sold, forfeited or lost if the Trustor pays the amount or satisfies the condition being contested, and the Trustor would have the opportunity to do so, in the event of the Trustor's failure to prevail in the contest, and (iii) none of the Beneficiary, the Trustee nor any ofthe Lenders or the Swingline Lenders would, by virtue of such permitted contest, be exposed to any risk of any civil liability for which the Trustor has not set aside on its books adequate reserves with respect thereto as required by Section 5.03 ofthe Credit Agreement, or to any risk of criminal liability, and neither the Trust Estate nor any interest therein would be subject to the imposition of any Lien for which the Trustor has not set aside on its books adequate reserves with respect thereto as required by Section 5.03 ofthe Credit Agreement, as a result of the failure to comply with such law or of such proceeding. Section 1.07. Maintenance of the Improvements and Fixtures. The Trustor shall not permit the Improvements or Fixtures to be removed or demolished (provided, however, that, subject to the provisions of Section 5.03 of the Credit Agreement, the Trustor may remove or alter such Improvements and Fixtures that become obsolete in the usual conduct of the Trustor's business and the removal or alteration of which do not materially detract from the operation ofthe Trustor's business); shall maintain the Trust Estate in good repair, working order and condition, except for reasonable wear and use; and shall restore and repair, to the extent required by the Credit Agreement, the Improvements and Fixtures or any part thereof now or hereafter affected by any Casualty or Condemnation. Deed of Trust NY3:#7374669