Deed - 2539 Grant Ave, - File D-1443, 43441

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4.6 FACILITIES. Borrower shall keep the Property and any improvements thereon, and the personal property used in Borrower's operations, in good repair and condition, and from time to time make necessary repairs, renewals, and replacements thereto so that the Property and improvements shall be preserved and maintained. 4.7 INDEMNIFICATION. Borrower shall indemnify, defend (with counsel approved by Lender), and hold harmless Lender and its elected officials, officers. agents, and employees.. consultants, and contractors (collectively, the "Indemnitees"), from and against, and shall pay on demand, any and all losses. liabilities, damages, costs, claims, demands. penalties. fines, orders; judgments, actions, suits, judicial or administrative proceedings, injunctive or other relief; expenses and charges (including attorneys' fees and court costs) (collectively "Claims") arising directly or indirectly in any manner in connection with or as a result of (a) any breach of Borrower's covenants under the Loan Documents, (b) any failure of Borrower's representations and warranties to be true and correct in all material respects when made, (c) injury or death to persons or damage to property or other loss occurring on the Property.. whether caused by the negligence or any other act or omission of Borrower or any other person or by negligent, faulty, inadequate or defective design, building. construction; maintenance or any other condition or otherwise, or (d) any claim, demand or cause of action, or any action or other proceeding. whether meritorious or not, brought or asserted against any Indemnitee which relates to or arises out of the Property, the improvements thereon, the Loan, the Loan Documents, or any transaction contemplated thereby, or any failure of Borrower to comply with all applicable state, federal, and local laws and regulations, in connection with the Property. The obligations of Borrower under this Section shall survive the expiration or termination of this Agreement and the making and repayment of the Loan. 4.8 TAXES AND OTHER LIABILITIES. Borrower shall pay and discharge when due any and all indebtedness, obligations, assessments. taxes, including federal and state payroll and income taxes which are the obligations of Borrower in relation to the Property except those that Borrower may in good faith contest or as to which a bona fide dispute may arise. provided provision is made to the satisfaction of Lender for eventual payment thereof in the event that it is found that the same is an obligation of Borrower. ARTICLE V EVENTS OF DEFAULT The occurrence of any one or more of the following events shall constitute an event of default hereunder ("Event of Default"). - (a) If Borrower fails to pay when due the principal and interest payable under the Note and such failure continues for ten (10) days after Lender notifies Borrower thereof in writing. PC