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00 0063-50 ARTICLE VII SPECIAL COVENANTS Section 7.1. No Warranty of Condition or Suitability by Issuer. Issuer makes no warranty, either express or implied as Yo the Project or the condition thereof, or that the Project will be suitable for the purposes or needs of Company or that the moneys which will be paid into the Construction Fund to pay the Eligible Costs of the Project will be sufficient to pay all costs incurred in connection with the Project. Section 7.2. Inspection of Proiect. Company agrees that Trustee and its duly authorized agent and Issuer shall have the right at all reasonable, times to examine and inspect the Pro- ject. Company further agrees that issuer, Trustee and their duly authorized agents shall have such rights of access to the Project as may be reasonably necessary for the proper mainten- ance of the Project in the event of failure of Company to perform its obligations under Section 5.5 hereof. Trustee, Issuer and their duly authorized agents shall also be permitted, at all reasonable times, to examine the books and records of Company with respect to the Project. Section 7.3. Annual Audit, Financial Statements and Reports. Company agrees that it will have its financial statements audited annually by its independent certified public accountant within ninety (90) days after the close of each fiscal year. Within forty -five (45) days after receipt by Company, it shall furnish a copy of the report of audit, or its annual report which includes an auditors opinion, to Trustee, Original Purchaser and any other requesting holder or holders of Bonds outstanding. This requirement may be satisfied by an audit on a consolidated basis of Company and any other corporations included in the consolidated financial statements. Trustee shall distribute to any holder of outstanding Bonds such financial statements to such Bondholders and upon request from Trustee, Company shall furnish to Trustee and Original Purchaser sufficient copies of such material to enable Trustee to make distribution to the Bondholders. Company further agrees that it will furnish to the Trustee and Original Purchaser, promptly upon their becoming available, copies of all financial statements, reports, notices and proxy statements sent by the Company to stockholders, and of all regular and periodic reports filed by the Company with any securities exchange or with the Securities and Exchange Cosratission or any governmental authorities succeeding to any or all of its functions. Section 7.4. Maintenance of Security Interests. Company shall execute all instruments, including financing statements, if any, deemed necessary or advisable in the opinion of -34- L L J L J