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2.11 Taxes and Assessments Borrower shall pay all real and personal property taxes, assessments and charges and all franchise, income, payroll, withholding, sales, and other taxes assessed against the Property or the Project and payable by Borrower, at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Property; provided, however, that Borrower shall have the right to contest in good faith, any such taxes, assessments, or charges. In the event the Borrower exercises its right to contest any tax, assessment, or charge, the Borrower, on final determination of the proceeding or contest, shall immediately pay or discharge any decision or judgment rendered against it, together with all costs, charges and interest. 2.12 Liens and Stop Notices Until the expiration of the term of the Regulatory Agreement, Borrower shall not allow to be placed on the Property or any part thereof any lien or stop notice on account of materials supplied to or labor performed on behalf of Borrower. If a claim of a lien or stop notice is given or recorded affecting the Project or the Property, Borrower shall within twenty (20) days of such recording or service: (a) pay and discharge (or cause to be paid and discharged) the same; or (b) effect the release thereof by recording and delivering (or causing to be recorded and delivered) to the party entitled thereto a surety bond in sufficient form and amount; or (c) provide other assurance satisfactory to City that the claim of lien or stop notice will be paid or discharged. 2.13 Construction Pursuant to Plans, Compliance with Laws, Prevailing Wages (a) Borrower shall construct the Project in conformance with the plans and specifications approved by the City. (b) Borrower shall cause all work performed in connection with the Project to be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, regional and local agencies now in force or that may be enacted hereafter, including without limitation and to the extent applicable, the prevailing wage provisions of the federal Davis -Bacon Act (40 USC 3141 -3148) and implementing rules and regulations (collectively "Davis- Bacon "), and state prevailing wages pursuant to Labor Code Section 1770 et seq., and the regulations adopted pursuant thereto ( "State Prevailing Wage Laws "). (c) Borrower shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the City) the City Agency against any claim for damages, compensation, fines, penalties or other amounts (including attorney's fees) arising out of the failure or alleged failure of any person or entity (including the Borrower, its contractor and subcontractors) to comply with all applicable laws in connection with the construction and /or operation of the Project, including without limitation, any failure to pay prevailing wages as determined pursuant to the prevailing wage provisions of the Davis -Bacon Act and State Prevailing Wage Laws in connection with the construction of the Project or any other work undertaken or in connection with the Property. The requirements in this Subsection shall survive repayment of the Loan and the reconveyance of the Deed of Trust. 2.14 Hazardous Materials 1908324.5