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(d) NO LITIGATION OR OTHER PROCEEDING. There are no pending <br />or to Owner’s knowledge, threatened actions or proceedings before any court or <br />administrative agency which may adversely affect the financial condition or operation of <br />Owner or Owner’s development of the Project and ownership of the Property and the <br />Improvements. <br /> (e) NO BANKRUPTCY. Owner is not the subject of a bankruptcy or <br />insolvency proceeding. <br /> (f) COMPLIANCE WITH LAWS. Owner is in compliance in all material <br />respects with all local, state and federal laws, rules, regulations, orders and decrees <br />which are applicable to the Business, the Property or to Owner in relation thereto <br />(“Applicable Law”) including without limitation, all environmental, health and safety <br />and employment laws. Owner has received no notice from any governmental authority <br />regarding any threatened or pending zoning, building, fire, or health code violation or <br />violation of other governmental regulations concerning the Property that has not been <br />corrected, and no condition on the Property violates any Applicable Law. <br /> <br />ARTICLE IV <br />AFFIRMATIVE COVENANTS <br />4.1 USE OF FUNDS; CONSTRUCTION SCHEDULE. Owner covenants <br />that it shall use the Loan Proceeds solely for the purpose of financing the Project in <br />accordance with Section 2.1. <br /> <br />4.2 ACCOUNTING RECORDS; PROPERTY INSPECTION. Owner shall <br />maintain accurate books and records with respect to the completion of the Project and <br />the use of the Loan Proceeds. <br /> 4.3 COMPLIANCE WITH LAWS. Owner shall comply with all federal, state <br />and local laws, regulations, ordinances and rules applicable to the Property and the <br />Project. <br /> <br /> 4.4 INSURANCE. Owner shall maintain and keep in force at Owner’s <br />expense, insurance coverage with respect to the Project and the Property in <br />accordance with the requirements set forth in Exhibit B attached hereto and <br />incorporated herein. Owner shall require all third-party contractors engaged in work on <br />the Project to maintain a commercial liability policy in accordance with the requirements <br />set forth in Exhibit B. <br /> <br />4.5 INDEMNIFICATION. Owner shall indemnify, defend (with counsel <br />reasonably acceptable to City), and hold harmless the City and its respective elected <br />and appointed officials, officers, agents, and employees (collectively “Indemnitees"), <br />Public Wi-Fi Installation <br />Loan Agreement <br /> <br />6