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Lender on or before the issuance of the Certificate of Occupancy for the Loan <br /> Property is issued. <br /> (m) Hazardous Substances. Deliver to Lender evidence acceptable to <br /> Lender, that: (i) the Loan Property has not been used as a hazardous waste storage <br /> facility or burial site; (ii) the soil is free from hazardous waste, hazardous <br /> substances, pollutants and contaminants; and (iii) no hazardous waste, hazardous <br /> substance, pollutant or contaminant has been used in the construction or use of <br /> any building or other improvement on the Loan Property. For purposes of this <br /> subparagraph, the terms "hazardous waste," "hazardous substances," "pollutants" <br /> and "contaminants" shall include, but not be limited to, polychlorinated biphenyls <br /> (PCBs), asbestos, petroleum products and any other chemical or substance <br /> determined to be a hazard to human health or the environment. <br /> (n) Indemnity. Deliver tc —itle any indemnity agreement in favor of <br /> Title in the form required by Tit rder for Title to issue the title insurance <br /> policies referred to above. <br /> (o) Expend Funds; Lien Waivers; Property Documents. t later than <br /> fifteen (15) days after the issuance of the Certificate of Occupancyor the Loan <br /> Property, Borrower shall deliver to Lender: (i) a copy of the Certificate of <br /> Occupancy for the Loan Property; (ii) a final Equipment List executed by an <br /> officer of Borrower(which, upon acceptance by Lender, will be attached hereto as <br /> Exhibit A-1); (iii) a final Project Cost Certificate; and (iv) evidence acceptable to <br /> Lender that Borrower h, s paid all ac sition, delivery and installation costs for <br /> the Equipment. <br /> (p) Consent. Deliver to Lender an original signed and notarized form <br /> of consent to the Mortgage from each of Bank and the City, in the form and <br /> content reasonably acceptable to Lender. <br /> (q) Zoning Matters. Deliver to Lender evidence that Borrower has <br /> obtained municipal and zoning approval necessary to complete the Improvements, <br /> including, without limitation, compliance with any signage ordinances. <br /> (r) Escrow and Disbursement Agreement. Deliver the Escrow and <br /> Disbursement Agreement executed by Borrower and Title, to Lender. <br /> (s) Lease. Deliver to Lender a copy of the Lease for the use of the <br /> Loan Property, executed no later than the date of this Agreement, by and between <br /> Entity Guarantor, as landlord, and Borrower, as Tenant. <br /> (t) Program Fee. Deliver to Lender the program fee of $ .00. <br /> [CLAY—what$$ amount should I insert?] <br /> Lender may waive any of the above requirements in its sole discretion. <br /> -5- <br />