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5 <br /> <br />(d) NO LITIGATION OR OTHER PROCEEDING. There are no pending or to <br />Tenant’s knowledge, threatened actions or proceedings before any court or administrative <br />City which may adversely affect the financial condition or operation of Tenant or Tenant’s <br />development of the Project and leasehold interest in the Lease or tenantship of the <br />Improvements. <br /> (e) NO BANKRUPTCY. Tenant is not the subject of a bankruptcy or insolvency <br />proceeding. <br />(f) COMPLIANCE WITH LAWS. Tenant is in compliance in all material respects <br />with all local, state and federal laws, rules, regulations, orders and decrees which are <br />applicable to the Premises or to Tenant in relation thereto (“Applicable Law”) including <br />without limitation, all environmental, health and safety and employment laws. Tenant has <br />received no notice from any governmental authority regarding any threatened or pending <br />zoning, building, fire, or health code violation or violation of other governmental regulations <br />concerning the Premises that has not been corrected, and no condition under the Lease or <br />on the Premises violates any Applicable Law. <br />ARTICLE IV <br />AFFIRMATIVE COVENANTS <br /> 4.1 USE OF FUNDS; CONSTRUCTION SCHEDULE. Tenant covenants that it <br />shall use the Loan Proceeds solely for purpose of financing the Project in accordance with <br />Section 2.1. Tenant shall commence construction of the Project within 60 days following <br />the Effective Date, and shall complete construction of the Project Improvements and obtain <br />certification from the City’s Building Department in accordance with Section 4.2 no later <br />than 250 days after the Effective Date. <br /> 4.2 CONSTRUCTION PURSUANT TO PLANS; CERTIFICATION. All <br />construction related to the Project shall be undertaken pursuant to plans and specifications <br />approved by City and City. Tenant agrees to place a sign (with design to be provided by <br />City) on the Premises during construction acknowledging the City’s participation. Promptly <br />after completion of the Project, Tenant shall obtain certification from the City’s Building <br />Department certifying that the Improvements have been completed in accordance with this <br />Agreement. <br />4.3 USE AND MAINTENANCE OF THE PROPERTY. Tenant may use the <br />Premises for any uses allowed by City’s DA-6 Zoning designation, and Tenant covenants <br />for itself and its successors and assigns that throughout the term of the Loan, the Premises <br />shall be used only for such purposes unless the City and City subsequently approve other <br />uses. <br />Tenant shall keep the Premises and the Improvements in good repair and condition, <br />and from time to time make necessary repairs, renewals and replacements thereto so that <br />the Premises and Improvements shall be preserved and maintained. Tenant agrees to <br />keep the Premises free from litter, graffiti, peeling paint, unkempt landscaping and other <br />unsightly features as reasonably determined by the City or by City’s Community <br />Development Department, Economic Development Division, Building Division or other City <br />of San Leandro department. <br />DocuSign Envelope ID: ACE7FE70-EFEF-4CC1-BCEF-41A2C1B71328