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(2) recover from Borrower and its general partners compensatory <br /> damages as well as other costs and expenses incurred by Agency (including <br /> without limitation attorney's fees and expenses) arising as a result of the <br /> occurrence' of any of the following: <br /> (a) any fraud or material misrepresentation on the part of the <br /> Borrower, any general partner thereof, or any officer, director or <br /> authorized representative of Borrower or any general partner thereof in <br /> connection with the request for or creation of the Agency Loan, or in any <br /> Agency Document, or in connection with any request for any action or <br /> consent by Agency in connection with the Loan; <br /> (b) any failure to maintain insurance on the Property and the <br /> Project as required pursuant to the Agency Documents; <br /> (c) failure to pay taxes, assessments or other charges which may <br /> become liens on the Property or the Project; <br /> (d) the presence of hazardous or toxic material or waste on the <br /> Property or other violation of the Borrower's obligations under Section <br /> 7.11 of the Deed of Trust (pertaining to environmental matters); <br /> (e) the occurrence of any act or omission of Borrower that results in <br /> waste to or of the Project or the Property and which has a material <br /> adverse effect on the value of the Project or the Property; <br /> (f) the material misapplication of the Loan Proceeds; <br /> (g) the removal or disposal of any personal property or fixtures or <br /> the retention of rents, insurance proceeds, or condemnation awards in <br /> violation of the Deed of Trust; and <br /> (h) the material misapplication of the proceeds of any insurance <br /> policy or award resulting from condemnation or the exercise of the power <br /> of eminent domain or by reason of damage, loss or destruction to any <br /> portion of the Project or the Property. <br /> SIGNATURES ON FOLLOWING PAGE <br /> 1582083.2 6 <br />