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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 /> 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 /> 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 /> 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 /> 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 /> from and against, and shall pay on demand, any and all losses, liabilities, damages, <br /> costs, claims, demands, penalties, fines, orders, judgments, injunctive or other relief, <br /> expenses and charges (including attorneys' fees and expenses of attorneys) <br /> Public Wi-Fi Installation 6 <br /> Loan Agreement <br />