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85006350
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Last modified
10/18/2011 4:47:08 AM
Creation date
4/1/2008 5:35:35 PM
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DEEDS
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85006350
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85- 0063") <br />Section 5.9. Taxes, Other Governmental Charges and Utility <br />Charges. Company will pay, as the same respectively become <br />due, all taxes and governmental charges of any kind whatsoever <br />that may at any time be lawfully assessed or levied against or <br />with respect to the Project or any equipment or other property <br />acquired by Company in substitution for, as a renewal or <br />replacement of, or a modification, improvement or addition to, <br />the Project (including without limitation, payment.of any taxes <br />levied upon the Project which, if not paid, will become a lien <br />against the Project or any portion thereof), all utility and <br />other charges incurred in the operation, maintenance, use and <br />upkeep of the Project and all assessments and charges lawfully <br />made by any governmental body for public improvements that may <br />be secured by a lien or any other security interest in the <br />Project; provided that with respect to special assessments or <br />other governmental charges that may lawfully be paid in <br />installments over a period of years, Company shall be obligated <br />to pay only such installments as are required to be paid during <br />the Lease Term. <br />Company may, in good faith, contest any such taxes, assess- <br />ments or other charges and, in the event of any such contest, <br />may permit the taxes, assessments or other charges so contested <br />to remain unpaid during the period of such contest and any <br />appeal therefrom unless Issuer or Trustee shall notify Company <br />that, in the opinion of Independent Counsel, by nonpayment of <br />any such items the security afforded pursuant to the terms of <br />the Indenture will be endangered or the Project or any portion <br />thereof will be subject to loss or forfeiture, in which event <br />such taxes, assessments or charges shall be paid forthwith. In <br />the event that Company shall fail to pay any of the foregoing <br />items required by this Section 5.9 to be paid by Company, <br />Trustee may (but shall be under no obligation to) pay the same <br />and any amounts so advanced therefor by Trustee shall become an <br />additional obligation of Company hereunder, together with <br />interest thereon to the extent permitted by law at the Prime <br />Rate. <br />Section 5.10. Provisions Respecting Insurance. The <br />Company agrees that the Project will be considered as an asset <br />of the Company for the purposes of application of insurance <br />practices and the Company will maintain or cause to be <br />maintained property damage and public liability insurance <br />covering the Project in amounts and types consistent with the <br />Company's customary and usual insurance practices determined in <br />accordance with the Company's general business practices and <br />policies. <br />Section 5.11. Worker's Compensation Coverage. At all <br />times from the date hereof until the end of the Lease Term, <br />Company shall self-insure with respect to worker's compensation <br />coverage, maintain worker's compensation coverage or cause the <br />same to be maintained in amounts as required by law. <br />-30- <br />LM!1 <br />
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