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��0763; (d) All nnaterial building, zoning, h�alth, safety, business and other applicable certificates, permits and licenses necessary to permit the construction, use, occupancy and operation of th� Project have been or will, at th� time required, be obtained and maintained (other than, prior ta completion of cnnstruction of the Project or a specified partion thereof, such as are issuable only upon completion of constructian or such specified portion thereo fl; and the Owner has not received any notice or has any knowledge of any violation with respect to the Project of any law, rute, regulation, order ar decree of any Govennamental Authority having jurisdiction which would have a mate�ial adverse effect on the Project or the construction, use or occupancy thereaf, except for violatinns which have been cured or can be cured within any applicable cure period, and are in the prncess af being cured, and notices or citations which have been r�vithdrawn or set aside by the issuing agency or by an order of a court of competent jurisdiCtion. (e) The Owner has or will have a fee interest in the Project and has gaod and marketable title thereta, free and clear of any liens, charges ar encurnbrances other than the Mortgages, encumbrances thc Owner is permitted to create under the terms of this Agreement, and znechanics' ax other liens that have been bonded against (or as to which other cash equivalent security has been provided) in such a manner as to preclude the holder of such lien fram having any recaurse to the Pxoject or the Owner for payment of any debt secured thereby. (f� No Event of Bankxuptcy has occurred as to the Owner. (g) No Event ofDefault has occurred and is continuing, (h) The sources of funds available to the Owner are sufficient to enable the Owner to complete the constructian af the Project in accordance with the P1ans and Specifications and the Cnnstruction/Draw Schedule. (i) The Froject will continue to be owned and operated by the Owner through the Compliance 1'eriod or, if later, the date (if any) through which the Owner is required to own and operate the Project pursuant to the LURA or any other documents governing the use and operation of the Praject. (j) The �wner has complied and will comply with a11 teaGms of the Ta�c Credit Allocation and has made no material changes in the Project without the prior written approval af the Authority. (k) The Project will be operated so that it will meet (and an appropriate election has been or will be made with respect to) the Minimum Set-Aside Test as of the dates established by Section 42(g)(3) af the Code and at all times thereafter through th� end of the Compliance period. (1) The Project will, at all tiznes throughout the Compliance Period, meet the Required Percentage. (m) Each of the representations and disclosures made by the Owner to the Authority in any application for the Tax Credits or Section 1602 Frogram Funds is true and correct as af the date herenf except as otherwise disclosed in writing ta the Authority and approved in writing -14- 4846-G923-1367.3