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. T 200604217 to be redeemed, the Company shall furnish to the Issuer and the Paying Agent a certificate of a registered and qualified engineer acceptable to the Purchaser stating (1) that the property forming a part of the Project that was taken by such condemnation proceedings is not essential to the Company's use or occupancy ofthe Project, or (2) that the Project has been restored to a condition substantially equivalent to its condition prior to the taking by such condemnation proceedings, or (3) that improvements have been acquired which are suitable for the Company's operation at the Project as contemplated by the foregoing subsection (b) of this Section; or (d) if the foregoing subsection (c) of this Section is not applicable, payment into the Bond Account for use by the Issuer in making prepayments on the Notes and redeeming Bonds under the terms of the Agreement or, ifno Bonds then remain outstanding, under the terms of the Agreement, to the Company. Unless the Company shall have given notice of its election to exercise its option to prepay the Notes pursuant to the provisions of Section 5.03(b) of the Agreement, within forty-five (45) days from the date of entry of a final order in any eminent domain proceedings granting condemnation, the Company shall direct the Issuer and the Paying Agent in writing as to which of the ways specified in this Section the Company elects to have the condemnation award applied. Any moneys held by the Paying Agent under the provisions of the preceding paragraph shall, at the written request ofthe Company, be invested or reinvested by the Paying Agent as specified by the Company (by one ofthe Authorized Company Representatives, as defined in the Agreement) in such request in one or more of the investments enumerated in Section 4.10 of the Agreement. Any earnings or profits on such investments shall be considered as part of the proceeds and the Company shall forthwith pay to the Paying Agent the amount of any losses on such investments. SECTION 8. Maintenance and Repair. The Company shall keep the Project in good condition and repair making from time to time all necessary repairs thereto and renewals and replacements thereof, and covenants not to commit or permit waste thereof, and shall not remove or demolish nor alter or impair the design or structural character of any building, fixture, equipment, or other improvements now or hereafter situated upon the Project without the prior written consent of the Purchaser, and shall not do or permit any other act or thing that will damage the Project or cause the same to depreciate in value. 9