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200806452
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200806452
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Last modified
7/29/2008 3:19:50 PM
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7/29/2008 3:19:46 PM
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DEEDS
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200806452
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<br />200806452 <br /> <br />shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general <br />credit or taxing powers. <br /> <br />Section 4.12. Governmental Regulation. The Company recognizes and agrees that this <br />Agreement and the issuance of the Bonds pursuant hereto will not diminish or limit the authority <br />of the United States Environmental Protection Agency or any State agency or local government in <br />performing any of the powers, functions and duties vested in such entities by federal and state <br />laws, and that all applicable laws shall be enforced without regard to ownership of the Project; and <br />that the Company will not be relieved of any responsibility under any applicable federal or state <br />laws or regulations pertaining to pollution control, either now, during or after the acquisition, <br />construction and improvement of the Project. <br /> <br />Section 4.13. Securing of Permits and Authorizations. The Company shall not do or <br />permit others under its control to do any work in or in connection with the Project or related to any <br />repair, rebuilding, restoration, replacement, alteration of or addition to the Project, or any part <br />thereof, unless the Company shall have first procured and paid for all requisite municipal and other <br />governmental permits and authorizations. All such work shall be done in a good and workmanlike <br />manner and in compliance with all applicable building, zoning and other laws, ordinances, <br />governmental regulations and requirements and in accordance with the requirements, rules and <br />regulations of all insurers under the applicable policies required to be carried under Section 4.06. <br /> <br />Section 4.14. Mechanics' Liens. The Company shall not do or suffer anything to be done <br />whereby the Project, or any part thereof, may be encumbered by any mechanics' or other similar <br />lien and if, whenever and as often as any mechanics' or other similar lien is filed against the <br />Project, or any part thereof, the Company shall discharge the same of record within 30 days after <br />the date of filing. <br /> <br />Section 4.15. Contest of Liens. The Company, notwithstanding Section 4.14 hereof, <br />shall have the right to contest any such mechanics' or other similar lien if, within said 30-day <br />period stated above, the Company diligently prosecutes such contest, at all times effectively stays <br />or prevents any official or judicial sale of the Project or any part thereof or interest therein, under <br />execution or otherwise, and pays or otherwise satisfies any final judgment adjudging or enforcing <br />such contested lien claim and thereafter promptly procures record release or satisfaction thereof. <br /> <br />Section 4.16. Cooperation of Issuer. The Issuer shall cooperate fully with the Company <br />at the expense of the Company in filing any proof of loss with respect to any insurance policy <br />covering casualties to the Project and in the prosecution or defense of any prospective or pending <br />condemnation proceeding with respect to the Project or any part thereof or any property of the <br />Company in connection with which the Project is used and will, to the extent it may lawfully do <br />so, permit the Company to litigate in any proceeding resulting therefrom in the name and on behalf <br />of the Issuer. In no event will the Issuer voluntarily settle, or consent to the settlement of, any <br />proceeding arising out of any insurance claim or any prospective or pending condemnation <br />proceeding with respect to the Project or any part thereof without the written consent of the <br />Authorized Company Representative. <br /> <br />4834-8191-0786.7 <br /> <br />29 <br />
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