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SECTION 4.17 LITIGATION <br />Recipient shall within ten working days of learning of any litigation pending or threatened <br />in excess of Twenty Five Thousand Dollars ($25,000) give notice in writing to City. <br />SECTION 4.18 EXPENSES OF COLLECTION OR ENFORCEMENT <br />If, at any time, Recipient defaults on any provision of this Agreement, Recipient shall pay <br />City in addition to any other amounts that may be due from Recipient, an amount equal to the <br />costs and expenses of collection, enforcement, or correction, or waiver of the default incurred by <br />City's rights under this Agreement and the Exhibits incorporated hereto. <br />ARTICLE V: NEGATIVE COVENANTS <br />The Recipient covenants and agrees that for the life of this Agreement Recipient will not, <br />without prior written consent of City: <br />SECTION 5.01 USE OF FUNDS <br />Use any of the proceeds of the Loan except for the purpose(s) stated in Section 1.02 of <br />this Agreement. <br />SECTION 5.02 ENCUMBER THE PROPERTY <br />Create nor suffer to exist any mortgage, lien, charge, or encumbrance, including liens <br />arising from judgments on the property covered in Section 1.02. This includes Workers' <br />Compensation, unemployment, Internal Revenue Service, State, local, mechanic, and any other <br />liens of any type; provided, however, that Recipient shall have 30 days to discharge or provide <br />adequate security for any involuntary lien upon the Property except that which may be required <br />in the ordinary course of business to obtain a line of credit or letters of credit. <br />SECTION 5.03 MERGER, CONSOLIDATION, SALE OF ASSETS <br />Merge into or consolidate with any corporation or other entity, or acquire all or <br />substantially all of the assets of any other corporation or entity; or sell, lease, assign, transfer or <br />otherwise dispose of all or substantially all of Recipient's assets. <br />SECTION 5.04 LOANS, ADVANCES, INVESTMENTS <br />Make any loan or advances to or investments in, any person or entity except those <br />usually made in the ordinary course of business. <br />8 <br />